Justice Starts Here a One-Stop Shop Approach for Achieving Greater Justice in Manitoba by Allison Fenske and Beverly Froese Public Interest Law Centre

CANADIANCCPA CENTRE FOR POLICY ALTERNATIVES MANITOBA

Justice Starts Here A One-Stop Shop Approach for Achieving Greater Justice in Manitoba By Allison Fenske and Beverly Froese Public Interest Law Centre

NOVEMBER 2017 Justice Starts Here: A One-Stop Shop Appoach for About the Authors: Achieving Greater Justice in Manitoba Allison Fenske is a lawyer with the Public Interest Law Centre in Winnipeg, Manitoba. Beverly Froese isbn 978-1-77125-363-5 is a lawyer/sole practitioner with Froese Law November 2017 Office in Okanagan Falls, BC. The opinions and recommendations in this report, and any errors, are those of the authors, and do not necessarily reflect This report is available free of charge from the CCPA the views of the funders of this report. website at www.policyalternatives.ca. Printed copies may be ordered through the Manitoba Office Acknowledgements for a $10 fee. We would first like to thank all the focus group participants, community organizations, legal service Help us continue to offer our publications free online. providers, and justice system stakeholders who We make most of our publications available free participated in this research — all of whom were generous with their time and provided valuable on our website. Making a donation or taking out a insights. We benefitted greatly from the work of membership will help us continue to provide people community partners who came together to host focus with access to our ideas and research free of charge. groups, allowing our research to reflect and amplify You can make a donation or become a member the voices of those most affected by barriers to access on-line at www.policyalternatives.ca. Or you can to justice in Manitoba. Thank you to the Dauphin contact the Manitoba office at 204-927-3200 for Friendship Centre, Eagles Nest, the Immigrant & more information. Suggested donation for this Refugee Community Organization of Manitoba publication: $10 or what you can afford. (IRCOM), Nisichawayasihk Cree Nation — Women of Heart, the Social Planning Council, Thompson YWCA and Thompson Crisis Centre, and Winnipeg Harvest. We would also like to thank Reuben Garang and Hilda Anderson Pryz for their assistance in facilitating some of these discussions. We would also like to thank other members of the Public Interest Law Centre, including lawyers Unit 205 – 765 Main St., Winnipeg, MB R2W 3N5 Byron Williams, Katrine Dilay, Joëlle Pastora Sala, tel 204-927-3200 fax 204-927-3201 articling student Jared Wheeler, and legal assistants email [email protected] Vina Sarmiento and Kristina Marley for their contributions to this report. We are also indebted to researchers Robert Lidstone, Rachel Wood, Adrienne Tessier, Maddie Pearlman, and Greg Wiebe for their assistance. Thank you as well to others who helped along the way: Karen Barton, Neil Cohen, Elizabeth Comack, Karen Dyck, Allan Fineblit, Irene Hamilton, Sarah Lugtig, Barb Palace, Doug Smith, and Sam Raposo. Finally, we are very pleased to acknowledge the generous financial support of Legal Aid Manitoba, the Manitoba Law Foundation (through its Small Grants Program), the Social Sciences and Humanities Research Council of Canada (through the Manitoba Research Alliance grant “Partnering for Change — Community-based solutions for Aboriginal and inner-city poverty”), and the Legal Research Institute at the University of Manitoba — Robson Hall. Table Of Contents v Acronyms 1 Executive Summary Introduction What Does “Access to Justice” Mean? What Stands In The Way Of Access to Justice In Manitoba? What Can Be Done to Increase Access to Justice? Conclusion 10 Underlying Rationale of This Report 12 Methodology and Structure 14 Part I — Access to Justice What Does “Access to Justice” Mean? Common Themes Surrounding Access to Justice 22 Part II — Unique Challenges to Accessing Justice A) People Living In Poverty B) Indigenous Communities C) Newcomers to Canada D) People With Health Conditions Or Disabilities E) Precarious Workers F) Women Survivors Of Family Violence 37 Part III — Review Of Existing Legal Services Spectrum Of Legal Services Legal Aid Manitoba Pro Bono Services By The Legal Profession Initiatives By Manitoba Justice Initiatives By The Manitoba Bar Association and The Law Society Of Manitoba Community Legal Service Providers Government-Funded Legal Service Providers Other Service Providers Potential Disruptions To The Manitoba Landscape Of Legal Service Providers 60 Part IV — A “One-Stop Shop” For Legal Services In Manitoba What Is a “One-Stop Shop”? One-Stop Shops In Manitoba and Other Jurisdictions Examining a Legal One-Stop Shop Model For Better Access to Justice In Manitoba Specific Issues Relating To The Creation Of a One-Stop Shop 77 Part V — Recommendations and Conclusion Recommendations Conclusion

Justice starts here: A one-stop shop approach to justice in Manitoba iii 84 Appendix A — Interviewees and Focus Groups Manitoba Legal Service Providers and/or Social Agencies Other One-Stop Shops Institutional Stakeholders Focus Group Hosts 86 Appendix B — Available Statistics Legal and Social Service Providers Courts/Administrative Tribunals Outside Manitoba 101 Endnotes

iv canadian centre for policy alternatives — MANITOBA Acronyms

AICAC Automobile Injury Compensation Appeal Commission AJI Aboriginal Justice Inquiry of Manitoba ATP Agreement to Pay BC-CRT British Columbia Civil Resolution Tribunal CAC Sheldon Kennedy Child Advocacy Centre CAO Claimant Advisor Office CLEA Community Legal Education Association CLG Calgary Legal Guidance CMHA Manitoba Canadian Mental Health Association Manitoba and Winnipeg CRTC Canadian Radio-television and Telecommunications Commission CUHC Community Unemployed Help Centre EI Employment Insurance EIA Employment and Income Assistance EUTC Eagle Urban Transition Centre FJRC Family Justice Resource Centre FLSC Federation of Law Societies of Canada FVPP Family Violence Prevention Program IAP Independent Advisor Pilot Program ILRC Independent Living Resource Centre INAC Indigenous and Northern Affairs Canada Infojustice Infojustice Manitoba LAM Legal Aid Manitoba LHC Legal Help Centre LICO Low Income Cut-Off LSM Law Society of Manitoba MANSO Manitoba Association of Newcomer Serving Organizations MBA Manitoba Bar Association

Justice starts here: A one-stop shop approach to justice in Manitoba v MHRC Manitoba Human Rights Commission MHRB Mental Health Review Board MLRC Manitoba Law Reform Commission MPI Manitoba Public Insurance NCN Nisichawayasihk Cree Nation NECRC North End Renewal Corporation Nine Circles Nine Circles Community Health Centre PILC Public Interest Law Centre SMI Serious mental illness SRL Self-represented litigant SSAB Social Services Appeal Board TLC Tenant Landlord Cooperation program TRC Truth and Reconciliation Commission of Canada UCN University College of the North WAO Workers Advisor Office WCB Workers Compensation Board of Manitoba WCWRC West Central Women’s Resource Centre

vi canadian centre for policy alternatives — MANITOBA Executive Summary

justice challenges. Throughout this time, a Man- “Justice shouldn’t be decided on who has enough itoba-specific perspective has been lacking. The money to hire a lawyer.”1 need for a more local perspective is three-fold. First, there are no national minimum stand- Introduction ards with respect to legal aid services and legal The Canadian justice system is intended to en- aid plans across the country vary in terms of fi- sure that all people are treated fairly and equi- nancial eligibility and coverage areas. As a re- tably before and under the law. When a person sult, a comparison of Manitoba with other juris- experiences unjust or unlawful treatment, or has dictions regarding legal aid is of limited benefit. a conflict with another party, a resolution can be Second, while more than half of the province’s pursued through the justice system. Access to this residents live within the City of Winnipeg, many system, however, is determined by several factors live in rural or remote Northern or First Nations such as the cost of legal representation and the communities and experience unique challenges degree of trust a person has in the justice system. in accessing necessary services due to their geo- This report explores how to achieve better ac- graphic location. Third, Manitoba’s population cess to justice for Manitobans, especially those is diverse and includes groups that experience with a high degree of unmet legal needs due to the most daunting obstacles to accessing justice, economic, health, and social challenges that also for instance Indigenous peoples and newcomers. have a legal dimension. It aims to situate some An important part of providing a Manitoba- of these challenges in the context of access to specific perspective comes from talking directly justice discussions now taking place among law- to Manitobans. In addition to a literature review yers, judges, government, researchers, commu- and survey of existing access to justice projects nity service providers, and the public at large. and surveys, the Public Interest Law Centre (PILC) When this project began in 2015, there was no interviewed legal service providers, social ser- shortage of discussions and reports dealing with vice agencies, and institutional stakeholders in access to justice challenges. These conversations Manitoba. But most importantly, PILC also heard and research have continued, as have access to directly from members of the public about their

Justice starts here: A one-stop shop approach to justice in Manitoba 1 perceptions of access to justice, their experiences • Availability: whether the necessary with the justice system, and their views on mean- information or services exist or not; ingful supports and service delivery models. In • Accessibility: whether a person can access conjunction with community partners, PILC the necessary information, services, or conducted seven focus groups across Manitoba system; with participants who were drawn from demo- • Acceptability: whether the system is set up graphic groups particularly vulnerable to expe- and information and services are delivered riencing access to justice challenges. in a way that is needs-based and culturally In addition to considering what access to jus- appropriate; and tice means in Manitoba2 this report also looks at the role that community-based legal service • Adequacy: whether the information providers can play in improving access to jus- and services are delivered and a person tice through a one-stop shop model of service experiences the system in a way that is delivery. The report is structured in a way that meaningful and sufficient. the writers hope can inform discussions about This speaks to a repeated recommendation aris- creating better access to justice for people in ing out of the focus groups: people need to be Manitoba living in marginalized communities aware of, understand, and access the legal sys- or situations of disadvantage. tem as well as the supports and services available in navigating that system.

What Does “Access to Justice” Mean? What Stands In the Way of Access to Justice The most common answer to the focus group in Manitoba? question “What does access to justice mean to you?” is access to legal representation. While legal The justice system is costly, complex, and slow. representation is an important component, the Many people do not know about or understand view on access to justice is often much broader. their legal rights and obligations. For various rea- Everyone in Manitoba should have the knowl- sons, many people do not trust the system nor edge, resources, and services to seek an effective do they have faith they will get justice. resolution to a legal problem. One of the biggest factors in whether some- Access to justice is achieved through fair pro- one will have access to justice is that person’s cesses and fair outcomes. A fair process means socioeconomic status: a justice system that is transparent, affordable, • The consequences of poverty, especially and as easy to navigate as possible. A fair out- complex poverty, are significant. People come results from a person having the oppor- living in poverty are simply trying to tunity to be heard in a meaningful way. A fair survive so they either cannot deal with outcome includes timely decisions based on the their problems as they arise or they are facts and the law. dealing with problems that give rise to At a systemic level, access to justice can also more than one legal issue. These issues are include a meaningful opportunity to participate often compounded by other vulnerabilities in the development and reform of the law and including health or disability-related legal processes. challenges. Some key principles in understanding whether • In addition to people dealing with the someone has access to justice from an informa- consequences of poverty, there is a tion, services, and system perspective are: significant gap in access to justice between

2 canadian centre for policy alternatives — MANITOBA those people who do not qualify for legal Figure 1 Levels of Legal Services aid and those who can afford a lawyer. In Manitoba, there are several groups that are particularly vulnerable to access to justice bar- Representation riers. Inadequate access to justice is disproportionately experienced by: Advice • People living in rural or remote parts of Manitoba; • People living in poverty; Information • Indigenous people; • Newcomers to Canada; • People with health conditions or disabilities (both physical and mental); • Precarious workers; and • Women survivors of family violence. At the same time, there are many organizations working in Manitoba to meet the legal needs of Manitoba (LAM) and the legal profession, there the population, including the province’s most vul- are a range of other legal service providers in nerable residents. These organizations are filled the community. Several non-profit agencies in with dedicated and passionate people, many of Manitoba offer varying degrees of assistance and whom are doing great work. However, many are many social service agencies also run programs also not able to meet the current demand for le- that include legal or advocacy services. gal services and gaps in services persist. These There is a need for all these kinds of services gaps generally arise based on the kind of services and each one is beneficial in its own way. How- provided, how the services are provided, where ever, lawyers and those working under the su- the services are provided, and how community pervision of lawyers are both regulated by the needs are understood. Law Society of Manitoba (LSM). There is no commensurate regulation of other professionals of- (1) Kinds of Services fering what amounts to legal advocacy services. There are different kinds or levels of legal ser- As a result, there is little to no consumer pro- vices — namely, legal information, legal advice, tection for legal services provided by those who and legal representation. For example, there are are not lawyers (including legal information, ad- several organizations in Manitoba that will pro- vice, and advocacy services) which can lead to a vide legal information, but who do not provide lack of uniformity in services and issues related full representation services. to quality of the services provided with little re- There are also different areas of law that are course available to the consumer. or are not covered. There are also several organi- At the same time, paralegals and other zations whose mandate is limited to particular community service providers are often pro- areas of law (i.e., family law, residential tenan- viding great services and in some instances, cies matters, etc.). are best placed to provide assistance to vul- There are also different types of providers. In nerable individuals. The necessary protection addition to legal services provided by Legal Aid of consumers should not be used to stifle in-

Justice starts here: A one-stop shop approach to justice in Manitoba 3 novative service delivery that improves access means understanding the larger context in which to justice for the people who need it most. To individual legal troubles arise. that end, “a key aspect of innovative regulation is getting out of the way and encouraging (3) Where Services are Provided lawyers, and others, to innovate in how legal Another kind of gap arises when services are sim- services are delivered.”3 ply not available. In Manitoba, there is a significant disparity between services offered in urban (2) How Services are Provided areas (namely Winnipeg) and services offered But it is not just the type of service being offered in rural and Northern Manitoba. Geographic or who is offering the service that is important, disparities in access to services, including legal it is how that service is provided — people need services, are exacerbated for individuals living in to feel comfortable going to a specific place and particularly remote rural and Northern or First must feel they are treated with respect and dig- Nations communities. nity or they will not access the service. While much of the discussion with Winnipeg- The impact that service providers can have based service providers and community members should not be underestimated. As one focus focused on how to improve services, individuals group participant noted about their experience: from rural and Northern Manitoba were quick to point out that the base level of services sim- …at times when nobody else did, they made ply do not exist in any comparable way. What me feel like a human being again. I was pretty could be an overwhelming disparity in access to broken. I was pretty broken when I first went services for urban and rural or remote residents there.4 of Manitoba could also be a blank canvas of op- Many of the social service agencies and other portunities for innovation. community non-profit organizations that are offering legal and/or advocacy services are set (4) Understanding Community Needs up to serve a specific segment of the Manitoba There remains a lack of publicly available empiri- population and are well positioned to meet the cal data relating to the supply of and demand for unique needs of their constituents. For exam- legal services in the province. Coupled with an ple, there are several agencies set up to meet the ad hoc approach to coordination of legal servic- needs of the Indigenous or newcomer commu- es, there is a potential for duplication of services, nities, and there are organizations that are de- inefficiencies, and gaps in service. voted to working with people living with men- For example, some focus group participants tal health issues. expressed the concern that “there are a lot of re- There’s a saying across sectors about meet- sources in the community but everyone is working people where they are at. This puts the in- ing in isolation... we need to network because dividual in need of assistance front and centre it seems like one person is doing a job and the in determining how best to provide services. It next person is doing the same job and we’re not also suggests that “access” that focuses merely connecting.” 5 on bringing a person to a legal institution (the In addition to a lack in empirical data from courts or administrative tribunals, for example) which to evaluate and adapt services provided, might miss the mark. Instead, a more holistic or there is no space carved out to hear directly from integrated approach to providing legal services members of marginalized communities and other would draw from a more constant and collabo- consumers about the services they require, and rative presence in and with the community. This how those services could best meet their needs.

4 canadian centre for policy alternatives — MANITOBA What Can Be Done to Increase Access to perpetuates the impacts of colonization Justice? on Indigenous people. The justice system The access to justice dialogue is one that is on- needs to be improved so that access to going. Over the course of this project there has justice for Indigenous people is increased. been positive movement on some core access to This must include the respect for justice issues. There are also potential disruptions Indigenous values in Western systems of to the current legal service landscape — whether law and in the provision of legal services. it is a challenging fiscal climate or a lag in the • Newcomers: use of technology to address access issues. It is - Manitoba is becoming an increasingly important to recognize the immensity — but not popular resettlement destination for the impossibility — of the challenges. newcomers. Recent immigrants to Any additional investments in justice initia- Canada, including refugees, face a tives need to recognize the importance of prior- particularly acute series of challenges itizing community needs and the current lack of as they arrive, settle, and integrate into legal (and other social) services available in rural their new homes. Many are learning and Northern Manitoba. English as an additional language, and face considerable barriers in terms of (1) Needs-Based Service Delivery communication and understanding. Access to justice initiatives must be based on the Newcomers also may be accustomed to needs of the people being served. It is expected distinctly different social and cultural that those needs will vary based on things like norms, political and legal traditions, ways cultural and geographical differences. Consid- of doing business, and ways of resolving eration should be given to how to improve the disputes. law and legal services for those populations dis- - Access to justice for newcomers is proportionately impacted by issues of access to particularly complex where not only do justice. For example: newcomers need to understand and abide • Indigenous peoples: by immigration laws in a new province - In keeping with the Truth and or a new country, but they may also Reconciliation Commission (TRC) Calls have other legal problems unrelated to to Action,6 Indigenous-led engagement immigration that need a resolution. on what justice and access to justice - Service providers need to be able to foster means from the perspective of Indigenous a sense of inclusiveness and provide legal traditions is required, especially as services with an understanding of other it relates to how to respect Indigenous cultures and an understanding of some laws and legal traditions as equal to of the unique needs of newcomers to Western systems of law. Indigenous legal meet the needs of those newly arrived in institutions may look very different from Manitoba. what one expects of the legal system from • Persons living with mental health issues: a Western perspective, but that makes - Legal service providers should have them no less valuable or necessary. the necessary training and knowledge - In addition, Western laws and the to provide legal services in a manner justice system impact Indigenous people respectful of persons living with mental every day. Some have argued that this health issues.

Justice starts here: A one-stop shop approach to justice in Manitoba 5 - Consideration could be given to how • Developing a (or continuing the Law to incorporate legal services within Society’s) access to justice working group, organizations already serving this including: population, recognizing that people are - a shared vision of access to justice, more likely to seek services where they - representation both in terms of types of are the most comfortable. service providers and people living in Efforts to improve access to justice should not marginalized communities, and focus only on what services should be offered, - sub-working groups that could be geared but how services are provided. Do people have towards things like service delivery for the necessary supports in place to benefit from specific segments of the population or the services that are being provided? Are servic- specific access to justice challenges. es provided in a culturally competent manner? Some of the coordination of services could in- Much more attention should be paid to ensur- clude, but should not be limited to: ing that people feel comfortable and are treated • identification of priority access to justice with dignity and respect by staff, service pro- issues, including identifying core areas of viders, and institutions of justice. Consideration un- or under-served needs and identifying could be given to opportunities for the justice means of meeting those needs, system to learn from health care service delivery models, including: • opportunities for increased efficiency and • The way a variety of professionals are the re-allocation of existing resources deployed in ways that best meet the needs to reduce inefficiencies or duplication of of the patient in a manner that maximizes service, efficiency for the service providers • developing standards of training and (specifically, the use of physician assistants knowledge for service providers and and nurse practitioners alongside the more offering common training programs, traditional model of doctor-patient care) • developing common ways of measuring • The way that “patient navigators” are and reporting results or some other employed to help individuals with method of standardization of service complex needs navigate the health care reporting, system. A Patient Navigator is a member • sharing of funding or resource of a healthcare team who helps patients opportunities, including developing “navigate” the healthcare system and get a resource guide for external funding timely and meaningful care. Navigators opportunities or potentially pooling help coordinate patient care, connect resources on grant writing and fund patients with resources, and help patients development understand the healthcare system. • improving communication (including with respect to referral systems), and (2) Coordination of Services Coordination between services providers could • developing partnerships. be improved among organizations or programs Better coordination of services could provide which provide some form of legal assistance/legal opportunities to sufficiently resource and/or services. There are a variety of ways to achieve expand existing innovative programs or allow greater coordination, including but not limited to: for new strategic projects to flourish.

6 canadian centre for policy alternatives — MANITOBA (3) Transparency — The Collection and In consultation with impacted stakeholders, Sharing of Empirical Data a central body (such as a university’s academic There is a lack of transparency and of standard- research group, like the University of Manitoba’s ized data regarding the demand for and the sup- SPECTRUM group) could develop an evaluative ply of legal services (including legal information, tool that would provide empirical data about the advice, and advocacy services) in Manitoba. There state of access to justice in Manitoba (including is also a lack of coordination between organiza- supply and demand regarding legal services/le- tions providing legal services in Manitoba, re- gal institutions). The types of information col- sulting in potential duplication of services, in- lected could include: efficiencies, and gaps in service. • Number of matters before various courts There needs to be a way to capture supply and tribunals, and demand issues within the justice system. A • Number of self-represented litigants (SRLs) needs assessment (triangulation of needs) of the (could identify stages of process for point- Manitoba population should be conducted in in-time surveys), relation to legal services, in a way that captures: • Types of services available and number of • People actively engaged in the justice people served, and system through formal legal channels (existing institutions, LAM, representation • Indicators to assess the quality of services by lawyers), provided (based on the needs of the individual service-users) and value of • People actively engaged in the justice services provided (including a coordinated system through community organizations analysis of operating budgets, staffing and “non-lawyer” service providers, levels, and benchmarks/outcomes). • People who have opted out of the justice Information collected could inform other as- system — knowingly and unknowingly pects of the dialogue occurring regarding ac- (examples: they want to engage but don’t cess to justice, as well as be communicated in a have any mechanisms of entry into the publicly accessible way — to both stakeholders justice system, they want to engage but and the public — for example, as an annual sur- for other non-legal issues, they don’t want vey or report card. to engage with the justice system, or they don’t recognize they have a legal problem), (4) Monitoring, Evaluating, and Adapting and Building on the need for increased transparency • People who are excluded from (aspects and information sharing, the use of evaluative of) the justice system (example: the Social tools is part of an ongoing and necessary exer- Services Appeal Board (SSAB) hears cise in monitoring, evaluating, and adapting. The appeals regarding provincial income state of access to justice in Manitoba should be assistance, but does not hear appeals evaluated on a regular basis in a manner that al- regarding on-reserve income assistance lows for appropriate adaptation to better meet and there is no federal equivalent for First the needs of Manitobans. An inventory of legal Nations). services offered in Manitoba could be created, There is a spectrum of legal service providers in made publicly available, and updated annually. Manitoba, but there are no standardized mecha- Recognizing that many of the legal services nisms to inventory, evaluate quality, or evaluate provided by community services are not done the value of the services being offered. under the supervision of a lawyer and with the

Justice starts here: A one-stop shop approach to justice in Manitoba 7 benefit of regulatory oversight through the LSM, gaps in services. For example, one could have a consideration should be given to implementing one-stop shop that aimed to meet a cross-section measures to improve consumer protection in of legal needs, including direct representation, the provision of legal services by those who are for individuals outside of the financial eligibil- not lawyers, including legal information, advice, ity guidelines for legal aid (low to middle income and advocacy services. Some examples of ways earners), or whose kind of matter is not covered this could be achieved include: by legal aid (not unlike the services offered cur- • Interpreting recent amendments to the rently offered by the Legal Help Centre LHC( ), Legal Profession Act (specifically, the but providing direct representation as a pillar of definition of law firm to include any other the services provided). joint arrangement providing legal services) If a one-stop shop is established, priority to include community-based organizations should be given to including rural and North- providing legal information, advice, and/or ern Manitoba, where either there are no services advocacy services; currently available or the gap in service delivery • actively regulating paralegals under the is significant as compared to urban centres. This Legal Profession Act, and could mean making use of technology and developing a digital access to justice strategy. The • a voluntary code of standards among use of satellite clinics and operations in a hub unregulated service providers. and spoke model of one-stop shops may also pre- At the same time, the cautionary note provided sent opportunities to increase services across a earlier bears repeating: the necessary protection broader population of Manitobans. of consumers should not be used to stifle inno- Any one-stop shop must be carefully designed vative service delivery that brings access to jus- and implemented to be most effective. Impor- tice to the people that need it most. tant characteristics that are a necessary part of any successful one-stop shop include: (5) One-Stop Shop — Part of a Broader • Stable and sufficient funding; Approach • Shared vision and operating standards; For many, there is a recognized need for a one- stop shop. There are many ways that one could • Care with respect to the types of services organize a one-stop shop that would have sig- joined under a one-stop shop model; nificant potential to have a meaningful impact • Operations with an integrated (or holistic) on people seeking access to justice. Many focus approach; and group participants envisioned a one-stop shop • Accessibility. that joined legal services with other health and social services. If there are cost savings or new investments be- Looking at one-stop shops as a service de- cause of efforts to improve access to justice, those livery model, there are two distinct kinds of cost savings or influx of new funds provide op- opportunities. A one-stop shop can be used to portunities to reinvest existing funds into meas- re-organize existing organizations in a way that ures aimed at more improvements, until broader provides more coordinated services. For exam- access to justice is achieved for all Manitobans. ple, consideration could be given to opportunities When people express a desire to have access that might flow from locations where there are to a one-stop shop, further exploration of their already clusters of services providers. A one-stop needs underlying that desire reveals that peo- shop can also be used to fill existing and discrete ple are looking for things like better access to

8 canadian centre for policy alternatives — MANITOBA services and better relationships with service One person can’t do everything and so it’s about providers. A one-stop shop is not the only way recognizing that and that it’s not a competition. to meet the needs of people interacting with the justice system or of providing better access to services and relationships with service provid- Conclusion ers. Providing services through a one-stop shop Understanding unique access to justice chal- delivery model should not come at the expense lenges faced by specific groups highlights the of other improvements in access to justice. importance of a more holistic or integrated and In consideration of a one-stop shop as a co-lo- consumer-driven approach. This means moving cation of services, several respondents suggested away from a “one-way street” approach where the that greater coordination among service provid- legal community views itself as the catalyst for ers might be a better approach to take rather than solutions. Instead, access to justice work must physically co-locating agencies. As the Thompson be situated in understanding all facets of peo- YWCA representative observed, clients are bet- ples’ lives, including the economic, political, and ter served when organizations are collaborating: social spheres.

Justice starts here: A one-stop shop approach to justice in Manitoba 9 Underlying Rationale of this Report

In 2011, the Manitoba Bar Association (MBA) coverage areas. As a result, a comparison of held a number of town hall meetings across Manitoba with other jurisdictions regarding le- the province that revealed a particular need for gal aid is of limited benefit. Second, while more community-based advocacy and legal services.7 than half of the province’s residents live within In 2014, the Manitoba Law Foundation (MLF) the City of Winnipeg,9 many live in rural or re- completed a survey of legal and ancillary ser- mote Northern or First Nations communities vices in the province with a focus on early reso- and experience unique challenges in accessing lution legal supports.8 The information gathered necessary services due to their geographic loca- by these initiatives pointed toward the need for tion. Third, Manitoba’s population is diverse and more comprehensive research to document evi- includes groups that experience the most daunt- dence of specific challenges to accessing justice ing obstacles to accessing justice, for instance, in Manitoba and to propose sustainable solu- Indigenous peoples and newcomers. tions. One potential solution currently being in- For the most part, this report focuses on ac- vestigated by the Law Society of Manitoba (LSM) cessing the civil justice system, which includes through its Access to Justice Steering Committee courts and quasi-judicial administrative tribu- is a “one-stop shop” for legal assistance. nals. It only indirectly touches on the criminal This report builds on existing literature and justice system, for example, by considering the surveys of projects and services across the coun- impact a criminal charge or a conviction can try. It aims to provide an in-depth insight into have on a person’s housing, social benefits, im- what is meant by “access to justice” and the util- migration status, or family law matters. The civil ity of a “one-stop shop” for legal assistance from justice system is what the Canadian Bar Asso- a Manitoba-specific perspective. The rationale ciation’s Access to Justice Committee refers to for deciding to focus solely on the needs of Mani- as “people law,” which means: tobans is three-fold. First, there are no national ... legal issues, problems and disputes minimum standards with respect to legal aid experienced by people (including small services and legal aid plans across the country businesses) especially those that involve vary widely in terms of financial eligibility and

10 canadian centre for policy alternatives — MANITOBA essential legal needs. We understand essential or volunteer lawyers who provide limited rep- legal needs to be those arising from legal resentation, including supervising law students problems or situations that put into jeopardy or making referrals; to university-run student the security of the person or that person’s family legal clinics; and to community advocates who security — including liberty, personal security, provide legal information or appear with people health, employment, housing, or the ability to in need before administrative tribunals. meet the basic necessities of life and extending This report does not consider broad systemic to other urgent legal needs.10 reforms as they are beyond the scope of this project. It does not examine any kind of “judicare” Lastly, this report focuses on the role commu- system that could fund and deliver legal services nity-based legal service providers can play in in a manner like Medicare in the funding and improving access to justice through a one-stop delivery of health care services. It also does not shop model of service delivery. As part of the reconsider whether there could be a greater use or search to prepare this report, many social and expansion of extra-judicial programs and pro- legal services available to low and middle-income cesses, such as the child support recalculation Manitobans were canvassed. The legal services service. Lastly, it does not discuss or offer an offered by these community-based organiza- opinion on whether Manitoba’s legal aid plan is tions range from staff lawyers who provide full adequately funded. representation for a particular matter; to staff

Justice starts here: A one-stop shop approach to justice in Manitoba 11 Methodology and Structure

This report is based on a literature review and a in Dauphin with a community partner serving survey of existing access to justice projects and Indigenous people. The remaining two focus services. Over the course of the research stage, groups were held in Northern Manitoba — one PILC conducted interviews with 27 agencies, in Thompson with a community partner serv- including 6 selected11 “one-stop shop” legal ser- ing Northern Manitobans, and one at Nisicha- vice providers in Alberta, British Columbia, and wayasihk Cree Nation (NCN) with a communi- Ontario, and 21 local agencies. The interviews ty partner focused on the needs of Indigenous were transcribed and analyzed, with findings women who have experienced violence. grouped according to a series of themes. PILC For a complete listing of all interview sub- also conducted interviews with 14 institutional jects and focus group community partners, see stakeholders, including all levels of Manitoba Appendix A. Interview subjects are identified Courts, selected administrative tribunals and according to the organization or institution to post-secondary institutions, the LSM, and Legal which they are affiliated and the individual iden- Aid Manitoba (LAM). tities of focus group participants have been kept It was important for PILC to also hear directly confidential. from members of the public about their percep- This report uses the language adopted by tions of access to justice, their experiences with the Canadian Bar Association in its report en- the justice system, and their views on mean- titled “Reaching Equal Justice.” 12 In that report, ingful supports and service delivery models. In the Access to Justice Committee used the word conjunction with community partners, PILC “people” whenever feasible rather than using the conducted seven focus groups across Manito- words “client” or “user.” In addition, the Com- ba. Participants were drawn from demographic mittee used phrases such as “people living in groups particularly vulnerable to experiencing marginalized communities” or “situations of access to justice challenges. Four focus groups disadvantage” to separate the individual “who is were held in Winnipeg with community part- always a person, from the social and economic ners serving low-income, Indigenous, and new- situation in which they live.” Lastly, the Com- comer populations. One focus group was held mittee used the term “Canadians” to refer to

12 canadian centre for policy alternatives — MANITOBA “all people living in Canada regardless of their Part IV examines a “one-stop shop” model citizenship status.” for legal service provision to improve access to Part I of this report considers what is meant justice in Manitoba. The potential benefits of by “access to justice” and explores some of the a one-stop shop are considered not only from common themes surrounding the concept. the perspectives of institutional stakeholders Part II examines the unique challenges to ac- and service providers, but also from the com- cessing justice that specific groups face, name- munities they serve. The hope is that this front- ly: persons living in poverty, First Nations and line perspective will inform discussions about Indigenous peoples, newcomers, persons with creating better access to justice for people in health conditions or disabilities, precarious Manitoba living in marginalized communities workers, and women survivors of intimate part- or situations of disadvantage. In this part, spe- ner violence. cific themes are explored: namely location and Part III provides an overview of the pre- geography; people-centred and holistic service sent state of access to justice in Manitoba by delivery; economies of scale; and coordination identifying and describing the legal services and collaboration. currently available to low and middle-income Part V provides recommendations for great- Manitobans. er consideration as well as concluding remarks.

Justice starts here: A one-stop shop approach to justice in Manitoba 13 Part I — Access to Justice

Part I of this report considers what is meant by knowledge, resources, and services to seek an ef- “access to justice” and explores some of the com- fective resolution for a legal problem.14 It raises mon themes surrounding the concept, including: crucial questions about who has access to the le- • Access to justice depends on how much gal system, who does not, and the reasons why. money a person has, Several definitions of “access to justice” were • Access to justice depends on where a articulated by institutional stakeholders and ser- person lives, vice providers. For example, some said that access to justice means being able to access legal • The justice system is complex and confusing, services, information, and resources so people • There are technological barriers to can resolve their legal issues and concerns.15 The accessing justice, representative from the Mental Health Review • The cost of unmet legal needs is significant, Board (MHRB) noted that being able to access • There are barriers to accessing justice in independent legal or advocate services is particu- civil matters, and larly important for people involuntarily admitted to a mental health facility or involuntarily • There is a lack of uniform data about access treated for a mental illness. to justice issues. Some stakeholders and service providers said that access to justice means people knowing their What Does “Access to Justice” Mean? legal rights and responsibilities and knowing that if they are wronged they have some type of In the past decade, justice system stakehold- recourse.16 As the Community Legal Education ers have reached a broad consensus that not all Association (CLEA) representative remarked: members of Canadian society are able to access the justice system.13 The concept of “access to jus- Well, we believe that unknown rights are not tice,” as it is commonly understood, encompass- rights at all — it’s kind of our slogan. We believe es a wide array of concerns regarding the degree that people have the right to know their legal to which diverse members of society possess the rights and about the law and if they don’t they

14 canadian centre for policy alternatives — MANITOBA really have a hard time participating in society legal representation if a person is charged with as a whole because law affects us every day. a criminal offence; or it can be defined more broadly to mean “access for the impoverished Some administrative tribunal representatives and marginal to legal resources that might help spoke about the importance of people being able them navigate the public sphere.” to fully understand and participate in the legal Focus group participants were also asked process.17 A member of the Social Services Ap- what access to justice means to them. The most peal Board (SSAB) said their tribunal sees access common answer was access to legal representa- to justice as providing: tion. Many said it means access to legal repre- ... a safe environment to come to the Appeal sentation in all areas of law and knowing where 20 Board because the Appeal Board is fair. We try to go to get legal advice and information. The to be as fair as possible without intimidation, Eagles Nest focus group said that access to justice without going to court, without the lawyers... means fair justice and access to a good lawyer if [and] they felt that they had a chance to a person is charged with a criminal offence. The really express themselves as to what they’re Social Planning Council focus group said that ac- appealing for.... as an Appeal Board, we listen cess to justice means having low cost and easily and we weigh out the pros and cons and it’s less accessible legal help available for issues involv- intimidating for them and [we] hope they get ing justice or the courts. the justice that they need.

All members of the judiciary interviewed de- Common Themes Surrounding Access to scribed access to justice in the context of the Justice court system. One said it means ensuring liti- Several themes surrounding access to justice gants who have a dispute that needs to be adju- emerged from the existing literature, interviews dicated, whether it be a criminal, civil, or family with institutional stakeholders and service pro- law matter, “are able to get into court as quickly viders, and focus group responses. Those themes as they can, as inexpensively as they can and be relate to economic and geographical factors af- able to navigate the system without undue com- fecting accessing justice, the complex justice plication.” 18 Another said that: system, technological barriers, the cost of unmet legal needs, and a lack of uniform data. Each is ... I think for us, what we think is that discussed below. Manitobans are entitled to an independent judiciary that provides timely, fair, and just Access to Justice Depends On How Much decisions. Within that, very importantly, they’re Money a Person Has entitled to understand and participate in their Economic factors are arguably the most signifi- legal journey from the outset, comfortable that cant determinants of access to justice. Poverty they understand what the system is and what and income inequality pose significant challenges the process is, and what the consequences of to ensuring the justice system serves everyone 19 their decisions are. equally. As the Cost of Justice project21 noted:

Some stakeholders noted that access to justice Canada has one of the best legal systems in the can be defined in different ways. For example, the world: independent judges, well-trained lawyers, representative from the University of Winnipeg predictable laws, and an open court process. noted that access to justice can be defined nar- Unfortunately, most Canadians cannot afford to rowly, for instance, to mean access to adequate use it.22

Justice starts here: A one-stop shop approach to justice in Manitoba 15 The Chief Justice of the Supreme Court of Can- given the costs of legal representation continue ada, Beverly McLachlin, has spoken publicly to rise while the incomes of many members of about the economic disparities in accessing the the middle class and persons living in poverty justice system: remain stagnate.26 Macroeconomic trends at national and global scales have shown grow- Do we have adequate access to justice? It seems ing levels of income inequality. From 1997 to to me that the answer is no. We have wonderful 2007, the top one percent of Canadian income justice for corporations and for the wealthy. But earners accounted for one-third of the total the middle class and the poor may not be able, growth in incomes.27 While the Manitoba in many situations we have found, to access our economy has remained relatively stable over justice system.23 the past decade and consistently demonstrat- For a growing number of Canadians, the eco- ed a modest level of growth, the province has nomic barriers to accessing justice are daunting some of the highest poverty rates in Canada. and force them to represent themselves before As a province, Manitoba has lower levels of courts and tribunals to resolve a legal issue. By overall income inequality than its neighbours; far the most consistently-cited reason for self- however, income distribution in the province representation is financial and many self-repre- has become more unequal since 1980. Between sented litigants (SRLs) cannot find realistically 1986 and 2006, the average annual income gap affordable legal services.24 SRLs frequently face between Manitoba’s lowest and highest income challenges that may in turn lead to an unfair re- households rose by nearly $60,000.28 By 2014, sult. For example, SRLs who lack legal expertise the highest income decile had an average in- or are not familiar with the justice system often come almost ten and a half times higher than require more time to present their case and that that of the lowest decile.29 causes delays and increased costs. One court As one of the Thompson focus group partici- worker described the challenges experienced by pants pointed out, “Justice should not be decid- SRLs in the following way: ed on who has enough money to hire a lawyer.” Future discussions or initiatives to improve ac- I have worked in a court program specifically cess to justice in a meaningful way must address designed to assist SRLs for the past 14 years. poverty as a critical barrier to achieving a fair The people I deal with are, for the most part, of and equitable justice system. below average ability when it comes to reading and writing, so need help with forms. They do Access to Justice Depends On Where a not understand the process, which we explain, Person Lives and often need short-term legal advice, which In Manitoba, there is a significant disparity be- we cannot give. I find the family clients, in tween services offered in urban areas (namely, particular, are not willing to spend any money Winnipeg) and services offered in rural and on their case to the point where they will put Northern Manitoba. Geographic disparities in themselves in danger to serve a Restraining access to services, including legal services, are Order rather than hire a process server, so they exacerbated for individuals living in particular- will not pay for legal advice. However, the lack ly remote rural and Northern or First Nations of legal advice leads them to make foolish or communities. repetitive applications, clogging up the courts.25 The representative from the University Col- The economic disparities that impede equal lege of the North (UCN) noted that geography is access to justice show no sign of improving a key factor and:

16 canadian centre for policy alternatives — MANITOBA ... access to justice is not as easy as it is in the The access to justice inequities experienced south in terms of that legal support that’s by people living in remote or rural areas com- required whether it’s, you know, family issues pared to people living in urban centres are raised or criminal issues... so wait times, over- throughout the balance of this report. representation of Aboriginal people... all the kinds of factors like poverty. The Justice System Is Complex and Confusing When asked about the kinds of services available The complexity of the justice system itself is a to help people access legal services, focus group barrier to equal access and legalistic language participants in Thompson were frank — there used in legislation and government policies can are none. If you cannot afford a private bar law- be difficult for the average person to understand.36 30 yer and you do not qualify for legal aid, there As a result, many people do not know what their are no other services available for individuals to legal rights and obligations are or how the law get access to legal information, advice, or repre- would likely be applied to their specific situation. sentation. Focus group participants also report- Compounding the problem are legal and ad- ed difficulties in trying to access the services of ministrative procedures that operate according organizations located in Winnipeg. Their expe- to complex, time-consuming and costly rules riences suggested that opportunities for legal and standards that require a high degree of ex- advice over the phone were limited and accom- pertise to navigate. From the perspective of legal 31 modations for out-of-town clients were rare. consumers, other systemic barriers to accessing Even if an individual qualified for legal aid justice include: there are only four legal aid offices outside of • confusion about where to find accurate 32 Winnipeg and multiple focus group participants information; noted that it was difficult to see lawyers outside • a lack of familiarity with rules of procedure of circuit court docket days. They suggested that and evidence; LAM-appointed lawyers on circuit should come in at least the day before court to talk to clients • difficulty submitting necessary so that lawyers were better prepared and com- documentation; munity members didn’t feel so rushed.33 • overly combative or adversarial approaches There are also geographical disparities re- to resolving disputes; and lated to income distribution both within Win- • costly filing fees. nipeg and between regions outside the city. In People seeking help from community service Winnipeg, census data indicate a growing lev- providers often have difficulty understanding el of spatial polarization in terms of wealthier the legal rules and procedures that apply to their versus poorer neighbourhoods, with pockets of situation. During an interview for this report, the poverty in several inner-city neighbourhoods representative for the Community Unemployed and concentrations of wealth in the suburban Help Centre (CUHC) noted: fringes.34 At a province-wide scale, the combined Park- These programs are a complex myriad of lands and Northern economic regions have not statutes, regulations, policies, procedures and shown any employment growth since 1988.35 Eco- practices. And as a learning tool you almost nomic troubles are particularly acute in Mani- need a dictionary. So, to navigate these complex toba First Nations, where poverty rates are far systems... just how difficult it is to explain above provincial averages in many cases. things. Often websites are not really intended

Justice starts here: A one-stop shop approach to justice in Manitoba 17 for end users, we see that in courts, they are People living in poverty, particularly social intended for judges and lawyers, but certainly assistance recipients, frequently cannot afford to not the public. pay for internet service. The CRTC has noted that while the cost of telephone service is covered by A representative from the Manitoba Human social assistance, “the level of social assistance Rights Commission (MHRC) expressly com- available from governments does not take into mented on the complexity of the justice system consideration the cost of connectivity that is es- and said that access to justice should be about: sential to schedule medical appointments, en- ... making the justice system accessible and not sure success in school for their children, facilitate some mysterious, complicated [system],... only searching for a job, and to do many of the online for those [with a] certain vocabulary, those activities many others take for granted.” 38 It also who have certain connections. So, making it found that low income households spend three apparent to people that it’s there for everybody times more than the average Canadian household and so removing barriers and making it easy to, on broadband expenditures. As a result, many to access the kinds of services that are needed... Canadians living with low incomes “must sac- Not just accessing services but not having to, rifice essential household expenditures such as kind of, compartmentalize your issues into food, clothing and healthcare to continue sub- this fits over here, this fits in this pot... because scribing to broadband services.” 39 people’s lives are complicated and issues are There is also a “digital gap” in Canada be- intertwined and I think sometimes the way tween rural communities or areas with rela- our system is set up, it’s like well I will deal tively low population density and urban areas with this part of your issue but, you know, if with respect to Internet services. People liv- you have a problem with Social Assistance you ing in rural or remote areas often experience better go over here. So, I think it’s providing a service interruptions because of poor service more holistic, accessible, barrier-free way for quality or they pay higher costs because of people to get [the] information and assistance overage charges associated with lower-speed they need. Internet service. First Nations communities in Canada are Technological Barriers to Accessing Justice among the most disadvantaged with respect to Today, technology is part of everyday life. At all Internet and cell phone service. In Manitoba, levels governments are increasingly requiring northern First Nations do not have the same access people to access government services through to cell and phone service as compared to people digital platforms. The Canadian Radio-television living in the southern part of the province or in and Telecommunications Commission (CRTC) urban areas. Northern First Nations are in high has recognized that “any Canadian left behind cost of service areas and phone service is often in terms of broadband access is profoundly dis- unreliable in that calls cannot be made outside advantaged.” 37 Technological barriers are very the community or the lines are frequently busy. relevant to accessing the justice system. Specifi- As a result, people living in these communities cally, if people do not have reliable and affordable must rely even more on the Internet as a means Internet and cell phone service, they will not be of communication, but the service is substand- able to access necessary legal information, re- ard due to slow speeds and a higher volume of sources, and services. They will also experience traffic per connection. challenges contacting lawyers and communicat- In many remote and isolated First Nations and ing with them throughout their legal proceedings. other communities in Manitoba, people simply

18 canadian centre for policy alternatives — MANITOBA do not have the option of going to a physical lo- ple may have difficulty obtaining assistance to cation to access information or services. People deal proactively with legal issues in ways that living in these areas must use the Internet to ac- can prevent crisis points or conflict entirely. For cess health information, government services, example, drawing a will or providing advice on and do job searches. However, because of slow an employment offer or on a purchase agree- and unreliable service they often cannot access ment are rarely the kinds the services covered the Internet during peak times, including regu- by legal aid or community service providers. In lar office hours.40 In addition, many people must addition, many people must deal with multiple plan their day around when they can access the government agencies and authorities over time internet or the availability of service.41 without ever comprehensively addressing the The use of technology as a means of break- various legal dimensions of their situations or ing down technological barriers and improving resolving root problems. and enhancing access to justice is considered in When asked whether people typically arrive greater detail later in this report. with a single legal problem or with multiple concerns, the Legal Help Centre (LHC) representa- The Cost of Unmet Legal Needs is Significant tive answered: The 2014 Canadian Forum on Civil Justice Eve- I think people come in primarily for one thing ryday Legal Problems is a comprehensive and at a time, and that might be why we see people authoritative survey of the legal needs of Cana- multiple times, but I think there is usually one dians. The survey asked a representative sample thing that is pressing them at a given moment of Canadians to identify legal issues they were … Typically also because they leave it until dealing with, or had dealt with, from a list of 84 it’s urgent, right. You’ll deal with what’s most specific justiciable problems in the following ar- urgent. It’s not proactive like, “I’m separating eas: consumer, debt, employment, neighbours, and I need to update my will and I have to deal discrimination, family (relationship and break- with this property issue.” It’s just whatever down), wills and incapacity, medical treatment, is presenting at that moment. … I think they housing, personal injury, treatment by police, generally know what the issue is at that point disability assistance, threat of legal action, social but may not know how big it is or how much is assistance, immigration, and criminal charges. going to be required to address it. About 50% of respondents, or roughly 11.4 million adult Canadians, had one or more serious Experiencing multiple legal problems is also a and difficult to resolve justiciable problem in the cause for concern in and of itself. As observed past three years.42 by the Action Committee on Access to Justice Many people seek help for a specific legal prob- in Civil and Family Matters (the Action Com- lem as it arises. Service providers observe that mittee), legal problems have momentum and often people only deal with legal issues that are “the more problems an individual experiences, urgent at a given moment and leave unresolved the greater the likelihood that she or he will ex- those legal issues that do not require immediate perience others.” 43 attention. As a result, legal problems that could The cost to public expenditures of unresolved have been dealt with at an earlier stage ultimate- legal problems is estimated to be around $800 ly become urgent and people end up spending million annually. That amount includes money their time “putting out fires.” spent by federal and provincial governments on Opportunities for assistance often mirror a such things as employment insurance, social as- crisis- or conflict-oriented approach where peo- sistance and health care.44

Justice starts here: A one-stop shop approach to justice in Manitoba 19 Access to Justice and Civil Matters modern reality and recognize that new models of As referenced above, access to supports for civil adjudication can be fair and just.46 matters is often limited. It is recognized that the 47 lack of access to justice around civil matters is The high “private costs” of seeking justice in the exacerbated when court or quasi-judicial pro- civil justice system often outweigh the benefits ceedings are involved. of seeking justice and cause people to have to 48 Legal aid plans across the country do not gen- accept an injustice. The legal fees for “personal 49 erally appoint lawyers to represent people with plight” disputes are very onerous for low and respect to pure civil litigation matters. In addi- middle-income Canadians and it is common for tion, while private bar lawyers are in some cases litigants to spend tens of thousands of dollars on able to represent plaintiffs under a contingency legal fees regarding civil proceedings. Additional agreement, that option is not available to peo- monetary costs include filing and hearing fees, the ple who need to defend a lawsuit against them. costs of paying a process server, and photocopy- As a result, access to justice in a civil litigation ing charges. If a plaintiff is successful, costs may context requires specific consideration due to be awarded in their favour however a cost award the significant number of SRLs and the serious usually only partially covers the actual costs of consequences of not being able to access afford- the litigation and is often left uncollected or only 50 able and timely legal assistance. paid long after the lawyer’s fees are due. The Supreme Court of Canada has recog- In additional to financial costs, there are tem- nized the unique challenges associated with fair poral and psychological costs associated with and equal access to the civil justice system. In seeking civil justice. It often takes months or Hrynaik v Mauldin,45 Karakatsanis, J. wrote that: years to obtain civil justice and litigants must dedicate hours of effort while the litigation is Ensuring access to justice is the greatest ongoing, frequently at the expense of spending challenge to the rule of law in Canada today. time with family or their employment. The psy- Trials have become increasingly expensive chological costs of seeking civil justice include and protracted. Most Canadians cannot stress and feeling overwhelmed, intimidated, afford to sue when they are wronged or defend scared, and nervous by the process.51 themselves when they are sued, and cannot Given the number of people seeking assistance, afford to go to trial. Without an effective and access to justice in the context of civil litigation accessible means of enforcing rights, the rule of matters is relevant from a Manitoba perspective. law is threatened. Without public adjudication According to the LHC’s 2015/16 Annual Report, of civil cases, the development of the common 14% of the issues their organization deals with law is stunted. are civil and small claims matters.52 According Increasingly, there is recognition that a to CLEA’s 2015/16 Annual Report, 12% of their culture shift is required in order to create an calls relate to civil and small claims matters.53 environment promoting timely and affordable TheLHC ’s 2015/16 Annual Report highlights the access to the civil justice system. This shift importance of helping people who would otherwise entails simplifying pre-trial procedures and have to represent themselves. It tells the story of a moving the emphasis away from the conventional person who was served with a Statement of Claim trial in favour of proportional procedures by a “Winnipeg used car dealership with a history tailored to the needs of the particular case. The of unconscionable transactions.” This person was balance between procedure and access struck illiterate and would not have been able to defend by our justice system must come to reflect himself were it not for the LHC’s assistance with

20 canadian centre for policy alternatives — MANITOBA drafting a Statement of Defence and negotiating The Lack of Uniform Data with opposing counsel. One of the most interesting A significant challenge in measuring the state aspects of this story is that the Court of Queen’s of access to justice in Manitoba is the lack of Bench granted leave for the LHC’s articling student uniform data from legal service providers, so- to appear on the record at the trial because the cial service agencies, courts, and administra- person was not eligible for legal aid and allowing tive tribunals regarding Manitobans involved the articling student to represent the person was in the legal system. While most entities com- preferable to having the person represent himself pile yearly data about the services they provide at the trial. Due to the LHC’s involvement, the and the people they serve, there are significant claim was ultimately dropped prior to the trial.54 differences in the way that data is reported. In There are some access to civil justice initia- particular, there are differences in the accessibil- tives currently occurring in Manitoba. The Mani- ity and availability of data, the format in which toba Law Reform Commission recently issued its the data was presented, and the way success was report on the small claims process in Manitoba measured and defined. These differences make it and expressly noted that: challenging to do any meaningful comparisons to paint a complete picture of the access to jus- Having a robust small claims system in tice landscape in Manitoba.58 Manitoba improves access to justice in two One possible solution would be for organi- important ways. First, it means that more zations already collecting and publishing data claimants are able to have their disputes resolved about the legal and/or advocacy services they in an expeditious way without having to retain offer to report that data to a central body.59 The a lawyer. Second, it frees up judicial resources at data could be reported in a format that would the Court of Queen’s Bench to deal with more allow for a more accurate and robust analysis pressing matters such as criminal trials.55 of access to justice in Manitoba. The kinds of To further access to justice objectives, the MLRC data that would be beneficial includes the ser- made specific recommendations to amendThe vices provided, the number of people who access Court of Queen’s Bench Small Claims Practices those services, the number of people who repre- Act,56 including increasing the current monetary sent themselves, the number of people who are and general damages limits and reforming the represented by a lawyer or community advocate, default judgment procedure.57 outcome measures, and success rates.

Justice starts here: A one-stop shop approach to justice in Manitoba 21 Part II — Unique Challenges To Accessing Justice

This section identifies the unique challenges to “chronic nightmare” as the child poverty rate in accessing justice that some specific groups face, Manitoba has increased 26.1% since 1989.60 The including people living in poverty, precarious rate of Indigenous child poverty on-reserve in workers, First Nations and Indigenous peoples, Manitoba is an astonishing 76%, and while the newcomers, people with health conditions or dis- off-reserve rate is lower at 39%, it is still more abilities, and women survivors of family violence. than twice the national average.61 In the 2014–15 fiscal year, 63,078 people were enrolled in Manitoba’s Employment & Income As- A) People Living In Poverty sistance program (EIA).62 In a comparison between For the purposes of this report, the group of 2015 welfare incomes with after-tax Low Income people living in poverty is comprised of social Cut-Offs (LICO), EIA rates covered between 40.9% assistance recipients, people who are homeless and 68.9% of LICO, depending on family compo- or at risk of becoming homeless, and people sition.63 Even with commitments to index shelter whose incomes are below the poverty line. First benefits according to inflation, there have been no Nations people living in poverty on-reserve are increases to the amount of EIA benefits intended included in this section and in the section on to cover basic needs in over 12 years.64 Manitoba Indigenous communities because they qualify continues to lag behind in closing the poverty gap for social assistance funded by Indigenous and for its most vulnerable residents. Northern Affairs Canada INAC( ) and adminis- For many Manitobans, food banks fill the gap tered through their band. for households whose income is insufficient to Child poverty is perhaps the most disturb- meet their most basic costs of living. This hap- ing indicator of persistent inequities. Accord- pens most often among households receiving ing to the Manitoba Child and Family Poverty government-managed benefits such as EIA or Report Card issued by Winnipeg Harvest and disability benefits. Winnipeg Harvest is a non- Campaign 2000, in 2016 approximately 85,110 profit, community based organization that is a children, or more than 1 in 3.5 Manitoba chil- food distribution and training centre. In 2015–16, dren, lived in poverty. The crisis has become a it distributed food to about 64,000 Manitobans

22 canadian centre for policy alternatives — MANITOBA every month through approximately 400 part- compared with the overall population ner agencies across the province. The number of of Manitoba, however unemployment people relying on food banks in Manitoba has rates for immigrants who have spent grown steadily over the years. Between 2008 and 10 or more years in Canada are lower 2015, there was an increase in food bank use of than for Canadian-born residents.74 57.6%, the second highest increase in the coun- Immigrants arriving in the last five years try after Alberta.66 are impoverished at a rate of 9.7% (as at Depending on the poverty measures used, the 2013), representing an increase of almost depth of poverty in Manitoba has stayed between 30% since 2009.75 Factors contributing to 25 and 35% below the poverty line throughout poverty experienced by newcomers include the past two decades.67 For many Manitobans, difficulty integrating in the Manitoba intersecting grounds of inequality exacerbate labour force because of a lack of Canadian their experience with poverty, as follows: work experience, lack of language skills, • Women: From 2008 to 2011, the provincial and challenges regarding the transfer of rate of single mothers living in poverty their qualifications;76 and increased by 72.4% while the poverty rate • Persons with disabilities: In 2011, 12.4% of for single unattached women decreased by persons with disabilities lived in poverty 68 8% in the same period. According to the in Manitoba, a higher rate when compared LICO-AT measure of poverty, the gender to the overall population. Some of the gap in poverty appears to persist, as women significant barriers for Manitobans with have higher poverty rates across all ages and disabilities in securing employment 69 family types (except for single seniors); include inaccessible education and training • Children: For the past two decades, programs, systemic discrimination, and Manitoba has ranked within the top workplaces that fail to accommodate their three provinces having the highest child needs.77 poverty rates in Canada.70 Some of the lasting effects of child poverty include poor Access to Justice Barriers health, lack of nutritious diet, absenteeism People living in poverty may qualify for LAM’s from school, low scholastic achievement, services because their income levels fall within behavioural and mental health problems, the financial eligibility guidelines. In addition, low housing standards, few employment they can also seek help from the other legal ser- opportunities, and persistently low vice providers profiled in this report. However, economic status later in life;71 the existence of a legal aid plan and community • Indigenous people: The poverty rate for legal services targeted to people with low incomes Indigenous people living off reserve is does not mean that people living in poverty do consistently higher than the poverty not encounter a range of often insurmountable rate for the overall population, although obstacles to accessing justice. 72 this gap has narrowed in recent years. Even if a person is financially eligible,LAM Indigenous people are also vastly over- does not cover all areas of law and all legal mat- represented in point-in-time homelessness ters. In addition, as explained in more detail 73 counts conducted throughout Manitoba; below, by its very nature, poverty often creates • Newcomers: Recent immigrants are multiple legal issues that are difficult, if not -im more likely to experience poverty possible, for people to resolve as they arise. One

Justice starts here: A one-stop shop approach to justice in Manitoba 23 of the representatives from LAM summed up the never had access, but they’re told by their link between poverty and unequal access to jus- welfare worker that they have to apply for 25 tice in this way: jobs this week and go and hand off your resume. But they’ll chase you off the property, right? ... everybody needs a lawyer if they’re poor, No one hands in resumes anymore. You’ve got if they obviously reach a certain level where to have an email address. So, we’re helping out they can pay private bar that’s the cut-off but with that. everyone needs a lawyer. And you don’t have to put it in terms of how much money you’re saving Similarly, the representative from the North or anything, it’s just plain and simple. You don’t End Community Renewal Corporation (NECRC) have a fair justice system if one side can’t get a commented on the interrelationship between lawyer and the other side can. poverty, housing, and the child welfare system:

While some people experience short-term pe- CFS will say to the mother, “if you don’t find riods of low income related to temporary cir- suitable housing...” Where are they going to cumstances, others find themselves trapped in find the money for that? And “Don’t ask us long-term poverty. Poverty researcher Jim Silver where you’re going to get it from. But you’ve refers to this phenomenon as “complex pover- got to go find suitable housing and we’ll give ty”, which is when “people experience not only a you your kids back. This is your last step.” And shortage of income, but also a host of other caus- we find that’s a huge barrier. And the process ally connected problems that can trap them in a is so unfair, if a mother has her children cycle of poverty.” 78 These problems may include apprehended, within two weeks, her EIA will be poor nutrition and health, increased exposure slashed to single EIA, child taxes gone. To get it to crime and violence, inter-generational exclu- back, it’s months. Two weeks to get rid of them sion from the labour force and reliance on social and months to get it back. assistance, and negative interactions with state The myriad of problems experienced by people agencies such as the police, the justice system, living in long-term poverty often give rise to mul- child welfare agencies, and schools.79 tiple, intertwined legal issues. These issues can Some service providers interviewed comment- exacerbate one another and lead to worsening ed on specific examples of the causally connected crises over time if they are not adequately ad- problems identified by Jim Silver. For example, dressed. If a person is struggling to feed them- Winnipeg Harvest’s representative noted that in selves and their family and ensure other basic addition to not having money for food, many of needs for shelter and safety are met, they are the people who use their services have had their unlikely to have enough time or energy left over social assistance benefits cut off or they are in to tackle any legal issues that arise. Only when arrears of their utility bills. In addition, many people have an income sufficient to consistently people on social assistance face challenges try- cover their basic needs are they able to get a bet- ing to comply with employment expectations: ter handle on legal problems as they arise and And then, this is very important and sometimes not have to constantly “put out fires.” it doesn’t always lead to a job but sometimes it Even if people living in poverty do reach out does and that’s computer classes and so a lot of for help from legal service providers in the com- our folks got left on the wrong side of the digital munity, their circumstances often make it difficult divide.... Never had a computer, never had for them to resolve an issue if it cannot be dealt training, never got it, never had an opportunity, with in a single sitting. The CUHC representative

24 canadian centre for policy alternatives — MANITOBA highlighted the specific challenges experienced urban community of First Nations and Métis by individuals in receipt of EIA: populations in the country.81 Approximately 60% of First Nations people I think people in poverty, they are lost in in Manitoba live on reserve. More than half of the parking lot of speed bumps and every the First Nations people living on reserve live subsequent speed bump is another deterrent. in communities that are not accessible by all- I learned this great principle in conflict weather roads.82 This geographic isolation has resolution to move from judgment to curiosity, resulted in the physical, social, and economic so when my staff get frustrated — and they’re segregation of many Manitoba First Nations very good — but when my staff get frustrated communities from the rest of the Province and because their client has missed their sixth creates unique challenges regarding accessing appointment and I say to them, “You have to ask necessary services. why.” Because it’s easy to get angry. It’s easy to get annoyed. “Can’t you keep an appointment?” Access to Justice Barriers You know, every day is a potential crisis for The effects of colonization, including the ongo- someone in poverty and someone who faces ing legacy of residential schools and other as- several psycho-social barriers. Imagine this similation practices, have resulted in serious and person doesn’t have a bus pass, their phone’s complex barriers to accessing justice by Indig- been cut off so they don’t have a phone. It’s hard enous people in Canada. The impact of lasting enough getting out of bed in the morning and traumas is multi-generational, and problems of sending the kids off to school. But if the water’s racism, internalized oppression, violence, abuse, been turned off and you don’t have any food in addictions, limited educational and economic op- the house and you’ve got an appointment at 9:00 portunities, and poor health continue to make and they’re going to come down here and you life very difficult for many Indigenous people.83 also have to go there, and there, and there. The introduction to the 1991 Report on the The above demonstrates that poverty itself is a Aboriginal Justice Inquiry of Manitoba (AJI) major barrier to accessing justice, especially the states that “the justice system has failed Mani- various forms of complex poverty that charac- toba’s Aboriginal people on a massive scale.” 84 terize the lives of many Manitobans. Any fu- While some improvements have been made in ture discussions or initiatives intended to ad- the 25 years since the AJI, access to justice con- dress poverty-related barriers should therefore cerns remain particularly acute for Indigenous include consideration of how to ensure people people in Manitoba as they are over-represented have incomes sufficient to meet their basic needs. in the criminal justice and child welfare systems, and experience rates of poverty well above the provincial average. At the same time, Indigenous 80 B) Indigenous Communities people are under-represented in the administra- Manitoba has one of the highest proportions tion of justice.85 There are very few Indigenous of Indigenous peoples in Canada — 16.7% of the court officials, lawyers, judges, and jury members population of Manitoba is Indigenous, which relative to the size of the Indigenous population is four times the national average of 4.3%. The overall. The impact of such under-representation proportion of Manitoba children who are Indig- in positions of power within the legal system enous is even higher at 18.4%. Indigenous people cannot be overstated. As was recently reported are also the fastest growing demographic in the with respect to the criminal justice system, “[t] province. The city of Winnipeg has the largest he simple act of having an Indigenous lawyer,

Justice starts here: A one-stop shop approach to justice in Manitoba 25 meanwhile, can almost double the number of As a result, law has been, and continues to be, “not guilty” pleas at first appearance to 49 per a significant obstacle to reconciliation. This cent, according to one federal study.” 86 is the case despite the recognition that courts Indigenous Nations have their own legal or- have begun to show that justice has historically ders and laws which are unique and distinct been denied and that such denial should not from Western laws. Western laws have tried to continue. Given these circumstances, it should unilaterally regulate the identities of Indigenous come as no surprise that formal Canadian Nations and manage the land upon which they law and Canada’s legal institutions are still live. Former Supreme Court of Canada Justice viewed with suspicion within many Aboriginal Iacobucci’s review of First Nations representa- communities.88 tion on Ontario juries drew a series of conclu- Indigenous people are disproportionately em- sions about the broader relationship between broiled in the legal system. With respect to the First Nations people and the Canadian justice federal correctional system: system. One of the challenges identified by Jus- tice Iacobucci was the conflict between First Na- In July 2016... the federal correctional system tions cultural values, legal traditions and ideolo- reached a sad milestone — 25% of the inmate gies that favour restorative justice, and those of population in federal penitentiaries is now the Canadian justice system that tend to focus comprised of Indigenous people. That on retribution and punishment.87 This challenge percentage rises to more than 35% for federally was echoed by participants in the focus groups incarcerated women. To put these numbers for this report. The NCN focus group noted that in perspective, between 2005 and 2015 the First Nations people had their own justice sys- federal inmate population grew by 10%. Over tem before colonization and that system of jus- the same period of time, the Aboriginal inmate tice did not involve locking people up in prisons. population increased by more than 50% while The distrust of the justice system that results the number of Aboriginal women inmates from damaged relationships between Indigenous almost doubled. Given that 4.3% of Canada’s peoples and settlers and Indigenous Nations and population is comprised of Indigenous Peoples, the Canadian State is described in Volume 6 of the Office estimates that, as a group, they are the Final Report of the Truth and Reconciliation incarcerated at a rate that is several times higher Commission of Canada: than their national representation.89

Many Aboriginal people have a deep and In Manitoba, the numbers of incarcerated Indig- abiding distrust of Canada’s political and legal enous people are even more daunting. At Stony systems because of the damage these systems Mountain Institution, Manitoba’s federal peni- have caused. They often see Canada’s legal tentiary for male offenders, 58% of inmates are system as being an arm of a Canadian governing Indigenous. This is a significantly higher per- structure that has been diametrically opposed centage than the Prairie90 regional average of to their interests. Despite court judgments, 47%, which is the highest regional average in not only has Canadian law generally not all of Canada.91 In provincial jails, the percent- protected Aboriginal land rights, resources, age of Indigenous inmates is even higher — for and governmental authority, but it has also example, 9 in 10 women at the Women’s Cor- allowed, and continues to allow, the removal rectional Centre are Indigenous.92 This is par- of Aboriginal children through a child-welfare ticularly concerning considering that Manitoba system that cuts them off from their culture. already has the highest incarceration rate of all

26 canadian centre for policy alternatives — MANITOBA the provinces in Canada, with 240 inmates in is so limited and now the train, you know, [it’s] custody per 100,000 population (as compared kind of iffy, that’s huge, that’s a huge impact on to a national average of 80). the people in the north... and they removed the In Winnipeg, the urban Indigenous popula- bus line... you have cut off communities... so if tion is significantly concentrated in several in- there’s a woman in Leaf Rapids that requires ner-city neighbourhoods.93 Some focus group services outside of, you know, a service that participants commented on the relationship they would provide medical transportation for, between police and Indigenous peoples in those domestic violence right, we have to send a cab neighbourhoods. Participants in the Winnipeg from Thompson to pick them up... Harvest and Eagles Nest focus group explained Even if issues around access to services and le- that people in their communities are often afraid gal representation were remedied a lack of access of the police or do not call the police for help be- to institutions would remain for those living on cause they do not believe anything will be done. reserve. For example, there are no permanent First Nations communities outside of Win- courts in First Nations in Manitoba. The Abo- nipeg that are in rural or remote areas face sig- riginal Justice Inquiry dealt with some of the nificant geographical and economic obstacles challenges of the circuit court system at length to adequate access to justice. Participants in the and not enough improvements have been made NCN focus group expressly commented on this in this regard.94 barrier, particularly regarding accessing legal There are also challenges in terms of access- representation. Participants noted there are no ing administrative tribunals. Social assistance private bar lawyers in their communities and on reserve is funded by the federal government people represented by legal aid lawyers usually through INAC and delivered by First Nations must wait until their court date before they can through band assistance programs. As a result, meet in person to get legal advice and/or rep- the SSAB is not available to individuals in re- resentation. In addition, participants identified ceipt of band assistance and there is no equiva- transportation barriers to accessing justice, for lent dispute mechanism on reserve. This was a example people may not have any way of get- source of frustration for participants in the NCN ting to court. focus group. The Thompson YWCA’s representative de- Recognizing that Indigenous peoples are im- scribed some of the barriers facing Indigenous pacted by the Canadian legal system, the ques- people living in the north when it comes to action then, is how can Indigenous people have cessing services: meaningful access to justice in the Canadian And so, if you put yourself in those shoes, you’re legal system? The provision of legal services can scared right — depending on whether you’ve and should be enhanced in ways that are sensi- been in the city or not. You don’t know anything tive to the ongoing realities of colonialism. En- about Thompson, you don’t know what services hancing legal services is particularly important are available … and even if someone sat down in Manitoba because of its significant Indige- and said ‘Oh, here’s all the services available,’ it’s nous population. overwhelming. You’re not used to having to go and ask for service and so sometimes [there are] language barriers, cultural barriers. And even C) Newcomers to Canada just the transportation, you know, with the bus Manitoba has a history of welcoming newcom- line calling out and stuff like that... the access ers. Between 1995 and 2014, Manitoba became

Justice starts here: A one-stop shop approach to justice in Manitoba 27 home to a total of 173,968 new permanent resi- making asylum claims in Manitoba. In response dents; the majority settling in Winnipeg.95 In to the Trump administration’s repeated attempts 2014, Manitoba was ranked fifth in top desti- to impose a travel ban on many predominant- nation provinces, welcoming 16,223 permanent ly Muslim countries (following a Trump cam- residents provincially, with 13,850 newcomers paign promise of a “total and complete shut- settling in Winnipeg.96 Of these arrivals, 1,004 down” of Muslims entering the US),105 people were privately sponsored refugees and 435 were seeking asylum in Canada have been crossing government-assisted refugees.97 This was the high- the US-Canada border on foot near Emerson, est number of refugees per capita in Canada.98 Manitoba.106 According to federal reports, 365 In 2014, Manitoba also received 1,831 perma- people crossed into Manitoba this way in the nent residents through the family class stream; first three months of 2017, compared with 575 its second highest number to date.99 Immigrants people in all of 2016.107 arriving under the family class are reunited with Many of the individuals fleeing to Manitoba family members already settled in Manitoba. are originally from Somalia. There’s a large So- In 2014, the top three source countries for mali community in Minnesota and Minneapolis immigrants in Manitoba were the Philippines, is home to one of the largest Somali communi- India and China. In 2011, the top refugee send- ties in the US.108 While the clear road between ing countries of those arriving in Manitoba in- Minneapolis and the US-Canada border at Mani- cluded Bhutan, Somalia, Iraq, the Democratic toba is likely one reason for the influx of asylum- Republic of Congo, Myanmar, Eritrea, Ethiopia, seekers into Manitoba, another reason suggest- and South Africa.100 Similarly, in 2014–2015, the ed by some is the breadth of legal aid coverage top refugee sending countries amongst refugees available in this province. Manitoba is one of six being served by Welcome Place, one of the larg- provinces that offers immigration and refugee est resettlement organizations in Winnipeg and legal aid coverage. As has been reported, “Sas- part of the settlement division at Manitoba In- katchewan is not experiencing a surge in asylum terfaith Immigration Council, were Eritrea, So- seekers like Manitoba’s which could be because it malia, and Ethiopia.101 does not offer legal aid to refugee claimants.” 109 The immigration context changed drastically Recent immigrants to Canada, including for Manitoba, along with other provinces across refugees, face a particularly acute series of chal- Canada, because of the Syrian refugee crisis. In lenges as they arrive, settle, and integrate into 2015, the federal government announced its com- their new homes. Many are learning English as mitment to resettling 25,000 Syrian refugees. As an additional language and face considerable of November 27, 2016, 35,745 Syrians have arrived barriers in terms of communication and under- in Canada.102 Between November 2015 and July 31, standing. Newcomers also may be accustomed 2016, 988 Syrian refugees arrived in Manitoba as to distinctly different social and cultural norms, part of the province’s commitment to accepting political and legal traditions, ways of doing busi- 1,500–2000 Syrians.103 In just four months, Mani- ness, and ways of resolving disputes. toba welcomed more than three-fifths of the total Immigrants and refugees also deal with unique number of refugees who arrived in 2014. During legal matters and they may require a wide range this period, Welcome Place assisted with the re- of services at different times of the resettlement settlement of more than 630 Syrian refugees.104 process. This can include refugee claim and visa Most recently, the results of the November assistance, detention and deportation reviews, 2016 US Presidential election appear to be hav- representation at immigration hearings, and as- ing a considerable impact on the influx of people sistance with citizenship applications. In addition,

28 canadian centre for policy alternatives — MANITOBA changes to Canada’s immigration and refugee of charge; however, the organization’s resources system in the last decade have, in many cases, are often stretched to the limit with the volume shortened the timeframes for applications and of demand for documentation. As the Welcome have placed more hurdles in the way people seek Place’s representative noted: protection, reunite with family, or look for work. They don’t have documentation from their For many newcomers, agencies such as Wel- country because they are refugees. According to come Place are safe havens. Aside from family government instructions, they have to come and and friends, these agencies are primary sourc- see a lawyer, and lawyers are charging $75 for es of obtaining trusted information. Access to each declaration and they can do it here, free of quality legal representation has been shown to charge … We have 47 different situations where be critical to positive outcomes in legal pro- people in need need notary public services from ceedings.110 Welcome Place recognizes that to federal government or provincial government ensure the people they serve are receiving ad- are asking them to find a notary public. And if equate support and legal advice, it is important they don’t have money, I don’t know how they that service providers have a grasp on the varied are going to afford it. and complex legal matters newcomers may face. For many newcomers, unfamiliar procedures In providing services to refugee claimants at the and overlapping laws and policies that affect border, Welcome Place faces a particularly tight them necessitate a more integrated (or holistic) time-line that makes access to the Canadian le- approach to legal services. Coordination and gal system very difficult, if not impossible, in communication between agencies, newcomers, many circumstances. The representative stated: and legal practitioners are important aspects of The greatest problem we have to those refugee facilitating successful resettlement and partici- claimants who are crossing the border, it is the pation of newcomers in their new communities. border services agency … Before, it used to be 20 Legal clinics such as LHC and Infojustice play days. Right now, they will be given only 3 days. a central role in filling gaps in service and infor- Not only that, they will be kept in detention mation. Often such clinics can reach and assist for a day until someone in the community newcomers who do not qualify for legal aid and accepts them. By the time they come and see cannot afford legal representation. us they have a day or two, and we don’t know their numbers so we need to scramble to find Access to Justice Barriers someone. This problem is what you said in the Newcomers to Manitoba face many access to first place, access to justice. Of course, there justice barriers, including obtaining necessary are other issues... with traumatized refugee documentation, navigating the immigration claimants, sometimes deportation. process, unfamiliarity with the justice system, and lack of awareness about available services. Newcomers to Canada also face the enormous Many newcomers to Canada arrive with- task of learning about the Canadian legal and po- out legal documents that demonstrate proof litical system and their rights and responsibili- of identity, such as birth certificates or govern- ties under Canadian laws and policies. Welcome ment-issued papers. Any engagement with the Place runs orientation sessions for newcomers, Canadian legal system or government requires but the amount of information provided in such some type of documentation and newcomers a short period of time can be overwhelming. The frequently need the services of a notary public. Welcome Place representative described the ori- At Welcome Place, this service is provided free entation sessions as follows:

Justice starts here: A one-stop shop approach to justice in Manitoba 29 Each settlement counselor is obligated to have language programs, with cuts as high as 75% for an orientation session with people. Part of some programs.113 these sessions is legal orientation. … [F]amily In terms of Provincial Government support, violation, relation of husband to the wife, rights in February 2017 the Manitoba government an- of gays and lesbians, human rights issues, and nounced that “it would pay for 14 new emergency all these things we have a session on two hours housing units, $110,000 for paralegal and other that we are talking to the people in this room services and $70,000 for a co-ordinator to sup- about of all these issues … So, regarding social port refugee claimants.” 114 insurance number, driver license, what to do Several participants in the Social Planning if you get in traffic accident, how to get driver Council and the Immigrant & Refugee Community license, how to get passport, how to apply for Organization of Manitoba (IRCOM) focus groups Canada residence card. Every single situation also talked about barriers to accessing justice faced that you can imagine, so this is what we are by newcomers. For example, a lack of information trying — unfortunately it’s not normal to expect in their own language or a lack of interpreters is a from these people to remember these things significant problem.LAM uses an over-the-phone in two hours but are always for them — they interpretation service that provides immediate re- can always come here to get advice. “How I lief to individuals in need of translation services. can get my permanent residence card — it’s Other service providers may wish to investigate going to expire?” “How I can — I have a father the use of paid interpreters who understand basic in Vietnam, I want to visit him. I don’t have a legal terminology, as well as ethical and legal obli- Canadian passport.” gations around the confidentiality of information that is shared. Existing interpretation services, Recent funding cuts and narrow eligibility re- or communication about their availability could quirements imposed by the federal government also be improved. A number of focus group par- have had a negative impact on immigration and ticipants reported being told to bring their own refugee service providers. For example, Welcome interpreter (in cases where one would have ex- Place is no longer able to provide specialized as- pected that either LAM or the court would have sistance to newcomers who wish to reunite with made interpreter services available).115 their families and explore alternative legal ave- In addition, many newcomers are used to nues for staying in Canada. These types of gaps very different or more traditional forms of dis- in services, together with resettlement challenges pute resolution and are therefore hesitant to call such as language barriers, social marginalization, the police or initiate legal proceedings. Lastly, and trauma, place many newcomers in precari- many newcomers are not aware of the services ous legal and emotional positions. that are offered in the community. In response to the recent influx of asylum- seekers, Welcome Place launched a fundraising campaign and as of April 29, 2017 it had raised D) People With Health Conditions or less than half of its $300,000 goal.111 The federal Disabilities government also asked Welcome Place to submit Access to proper housing, income assistance, in- a budget request for assisting asylum seekers but surance, health care, and other public services are as of March 31, 2017 Welcome Place had not yet all crucial determinants of well-being. These fac- received a response.112 At the same time, reset- tors comprise what the World Health Organiza- tlement agencies in Manitoba were facing sig- tion calls the social determinants of health: “the nificant federal cuts to English as an additional conditions in which people are born, grow, live,

30 canadian centre for policy alternatives — MANITOBA work and age.” 116 Access to justice is increasingly rious mental illnesses (SMI) such as schizophre- being recognized as a key factor that shapes the nia, personality disorders, or mood or anxiety determinants of health and well-being, as sever- disorders constitute a specific population with al have a legal dimension. In many cases, health needs for treatment, care and support. Beyond problems can lead to legal problems, and legal this group, some portion of the general popula- problems can exacerbate health problems. Fur- tion will experience mental health issues that are thermore, many of the stakeholders in the access episodic rather than chronic during their lifetime. to justice debate have compared Canada’s lauded Stigma, shame, and negative perceptions system of socialized medicine to its legal system about mental illness are common barriers to and found the latter to lack the same degree of full inclusion and participation by people living public investment and confidence.117 with mental illness. As a result, they are often People facing health or disability-related chal- marginalized and it is more difficult for them to lenges may require legal assistance for issues access the services they need. The legal needs of ranging from matters that arise during medical people living with SMI range from matters affect- treatment to discrimination in the workforce. A ing the wider population such as housing, em- 2007 study examined the connections between ployment, and income, to specific matters such health, disability, and civil justice for persons with as discrimination, psychiatric treatment, invol- a health issue or disability receiving a disability untary hospitalization, and powers of attorney.120 pension.118 One-third of respondents had not yet In 2009, researchers in Winnipeg carried achieved a resolution of their legal problem. The out a series of interviews with people living connection between unresolved legal issues and with a mental illness, their families or primary health problems was found to be strongest in the supports, and key informants including repre- areas of consumer, employment, and debt-related sentatives from the housing and social services matters. The study also found that the perception sectors, peer support groups, and government of unfairness in the justice system was highest for planners.121 Challenges identified were poor living people with disability or health-related problems. conditions and vulnerability relating to housing, At times, lawyers or legal service providers employment, and services. Many people living may need to work closely with other profession- with a mental illness and their family members als from the fields of health care and social work. emphasized housing insecurity and being evict- Evidence from other jurisdictions suggests that ed, or the threat of being evicted, particularly better coordination between legal and social or following a stay in hospital. health service providers can significantly improve Some of the service providers interviewed access to justice for vulnerable groups.119 People commented on the specific needs of persons liv- with health conditions or disabilities require a ing with a mental health issue. The representa- combination of legal, social and health supports. tive from the Canadian Mental Health Associa- Where those supports are fragmented, they are tion Manitoba and Winnipeg (CMHA Manitoba) less likely to get the help they need and more like- commented on the difficulties people face when ly to consume the time, energy, and resources of trying to seek help: multiple, disconnected service providers with- There’s huge challenges in accessing mental out any sustainable resolution of their problems. health services in general throughout the Mental Health and Access to Justice Barriers province. I mean, certainly outside of Winnipeg, The concept of mental health covers a broad area they’re just not resourced in the same way. of human experience. People diagnosed with se- And then you’ve got Winnipeg, which has

Justice starts here: A one-stop shop approach to justice in Manitoba 31 these, you know, you have lots of resources with someone and helping them to figure out but very difficult to navigate. You don’t really whether their rights have been violated and know where to go. You do have long waiting helping them — representing them from a legal lists in the system. And part of our other role point of view but also knowing that they have is advocacy. We do a lot of advocacy around mental health issues, so both can happen at the highlighting those system gaps, so there are lots same time. of challenges in terms of getting timely support. CMHA Manitoba’s representative also comment- CUHC’s representative commented on the cir- ed on some of the previous struggles securing cumstances of people living with mental illness legal representation for people pursuing appeals who are trying to access social assistance benefits: before the MHRB. One factor was how CMHA We have certainly a lot of our EIA clients who would approach matters compared to how LAM are either receiving or could benefit from used to process applications for legal represen- counselling. So, we see a lot of depression, tation at a MHRB hearing: ADHD, lot of clients that are on medication. EIA And sometimes what happens, I think, the legal clients, lots of health issues — diabetes, many of system just sort of sees the thought disorder the things that you often associate with poverty, and the struggles to articulate and it’s so not that they are unique to poverty but you complicated that it’s like, “the likelihood of us know what I mean. Many of the clients that we winning this case is so low, can we afford to represent are seeking to move from the general do this as a system?” So, Legal Aid’s approach assistance category to the disability category, is, if the merit isn’t strong, they don’t get get better diet, more money. approved for Legal Aid. I mean, that’s really Involuntary admission to a mental health facil- at the heart of the issue. So, what our rights ity and involuntary treatment under The Mental consultant does, Grace is really a master at Health Act are two of the most significant legal this, she’s not a lawyer. She’s a community issues that arise in the context of mental health. advocate essentially. It’s not even funded by Barriers to accessing the MHRB process and ob- the government. It’s a position that we fund taining timely legal representation for an appeal through our United Way funds and we just do hearing can be daunting challenges. Recently, a it because we believe this work’s important. She significant amount of progress has been made has time, which is different than what a lawyer to address some of these challenges. might have. So, she — but that’s where some of CMHA Manitoba’s Rights Consultant assists our challenges are. She only has so much time people who want to appeal decisions relating to to work with so many people. It takes — it could their involuntary admission or treatment. CMHA take 2 hours listening to someone’s story and Manitoba’s representative explained their per- trying to figure it out. So, it takes time and a son-centered approach to providing this service: particular competency around being patient and understanding and, you know, being able ... it takes time to peel back the onion to kind of see through some of the struggle when you’re dealing with some who’s really and see, “What is the issue here?” That’s struggling. And at face value, it might sound complicated work. So, it’s not about finances like, “Yeah, this person needs treatment.” And necessarily. they probably do, however, it doesn’t mean that their rights haven’t been violated. And In December 2015, a pilot project was developed so, how do you balance, you know, journeying through meetings between the MHRB, LAM and

32 canadian centre for policy alternatives — MANITOBA PILC, Manitoba Health and CMHA Manitoba E) Precarious Workers that were intended to provide an opportunity For the purposes of this report, the term “pre- to “discuss ways to ensure that patients who re- carious” is used to describe labour with certain quest legal or advocate services have access to kinds of insecurity, including low wages, a lack that service in a timely and efficient manner.” 122 of benefits, and an atypical employment con- As part of the pilot project, LAM assembled a ros- tract. Labour market restructuring has result- ter of lawyers (or “duty counsel”) who were pre- ed in more part-time and temporary jobs, and pared to represent individuals before the MHRB greater competition at a global scale. in Winnipeg, Winkler, and Selkirk. Upon noti- According to Statistics Canada, some groups fication of a hearing, an individual who wants are more likely to hold precarious jobs than oth- a lawyer to represent them is matched up with ers. Year after year, the proportion of involun- counsel from the roster who are available on the tary part-time and temporary workers is higher hearing day and provided a legal aid certificate, amongst youth (ages 15–24) and women.124 Young with lawyers responding on a “first-come, first- workers are also more vulnerable to job losses served” basis. after economic turmoil and as a result can be This has resulted in significant improvement said to experience greater precarity compared in representation rates before MHRB hearings. to the greater labour force.125 For example, in fiscal year 2013/14 only 10% of In addition, a study by the Law Commission individuals were represented by counsel in the of Ontario concluded that not only are women 77 appeals heard by the MHRB that year. From and youth overrepresented among precarious the start of the pilot program in December 2015 workers, but so too are racialized persons, im- to November 2016 the rates of legal representa- migrants, temporary migrant workers, persons tion at hearings rose to 52% of 83 matters heard. with disabilities, Indigenous persons, and non- The MHRB advises that: status workers.126

This new system has provided any patient who Access to Justice Barriers requests to be represented by legal counsel to The growth of precarious labour has serious be represented by legal counsel. We no longer implications for access to justice. Federal and have situations where a patient has to choose provincial laws and regulations pertaining spe- between appearing in front of the Board cifically to the rights of workers include those re- unrepresented or delaying their hearing to lating to employment standards, workplace health obtain counsel. Appearing without counsel can and safety, workers’ compensation, and human be an extremely intimidating process for most rights codes. Precarious workers have poor ac- people let along people who are also dealing cess to due process in cases of unacceptable or with mental illness.123 unsafe working conditions, discrimination in The Legal Aid Duty Counsel Pilot Project con- hiring or workplace practices, harassment and tinues with success and in April 2017 the project intimidation, and other problems.127 team was nominated for a Manitoba Service Ex- One of the social benefits program designed cellence Award. The project is an example of the to assist those who lose their jobs through no meaningful impact that coordination amongst fault of their own through the provision of service providers and other stakeholders can temporary income is the Employment Insur- have, as well as how modest process changes can ance (EI) program. However, it was designed remove significant barriers for people experienc- primarily with “traditional” workers in mind, ing access to justice challenges. meaning those with a more stable attachment

Justice starts here: A one-stop shop approach to justice in Manitoba 33 to the labour force and with a higher level of job It’s a very intimidating process for people. security. Marginalized workers at the fringes of There’s a tribunal, it’s a formal setting, and the labour market are less likely to qualify for people come and they — before we became EI benefits, and less able to refuse unacceptable involved in this, they were left to their own working conditions or challenge unfair employ- devices and they would appear in front of, you ment practices.128 know, in front of the tribunal. A lot of the times, The shift in the mid-1990s from Unemploy- especially, you know, well established employers ment Insurance (UI), the previous federal income that have a lot of money, they would have legal security program, to the current EI program has counsel there and so, you know, you’re dealing left workers worse off financially because benefit with a tribunal … and your opponent on the levels and eligibility rates have decreased. Dur- other side is a lawyer. And so, it wasn’t really a ing the economic downtown in the early 1990s, fair process. about 80% of unemployed workers qualified for CUHC’s representative noted that the EI appeal UI benefits, while only 43% were eligible for EI process is the subject of much criticism. In 2013, benefits during the 2009 recession.129 It should the federal government replaced the Board of be noted, however, that the 2016 federal budget Referees and Umpire with the Social Security promised an overhaul of the EI program. As re- Tribunal. In addition to a significant backlog cently as July 2016, the threshold for the num- when the transition was made, there are seri- ber of hours a new entrant to the labour force ous procedural fairness issues with respect to must work to be eligible for benefits was lowered the new appeal process that potentially disad- from 910 hours to between 420 to 700 hours de- vantage the people it serves. For example, the pending on regional labour conditions. In Janu- Social Security Tribunal is a single adjudicator ary 2017, the wait time for benefits was reduced and to date about 80% of appeals are heard by from two weeks to one week. teleconference or videoconference. Additional barriers to accessing justice by precarious workers are challenges associated with accessing EI benefits and navigating various appeal processes. With respect to accessing F) Women Survivors of Family Violence EI benefits, the application process can be ardu- Violence against women has been recog- ous considering an increased reliance on “self- nized — both nationally and internationally — as service” rather than front line services. The in- “a serious and ongoing impediment to gender tent of “self-service” is to reduce wait times for equality and women’s human rights and funda- processing claims, but it can be a challenge for mental freedoms.” 130 This is particularly so in workers who do not speak one of Canada’s official Manitoba, where violence against women occurs languages, who do not have access to a comput- at nearly twice the national rate131 and Manitoba er, or who have difficulty with online services. has one of the highest rates of police-reported Two of the service providers interviewed for family violence among the provinces.132 Indig- this report commented on access to justice bar- enous women are also significantly over-rep- riers relating to various appeal processes. The resented amongst female homicide victims.133 representative from the Workers’ Organizing Family violence — where the perpetrator of Resource Centre, an organization that assists violence is a family member — is particularly workers with legal problems relating to labour insidious.134 The legal system is often engaged and employment standards, said with respect to when women attempt to break a cycle of family the Labour Board: violence. Avenues of legal redress for women ex-

34 canadian centre for policy alternatives — MANITOBA periencing family violence include the legal provide help for people affected by family violence ceedings around the breakdown of a relationship through the FVPP, namely: through family courts, and/or other legal protec- • 10 women’s shelters that provide emergency tions135 that are specifically available with respect shelter and counselling for women and to issues of domestic violence and/or stalking. children victims of family violence; In Manitoba, research has shown that both • a provincial toll-free crisis line that auto- newcomer and Indigenous women are particu- matically links the caller to the nearest larly vulnerable to family violence. For newcomer shelter; women, the Manitoba Association of Newcom- • 9 women’s resource centres that provide er Serving Organizations (MANSO) has stated: information, referrals, and individual Over the years, we have learned that gender- counselling and support for women and based violence for newcomers settling in children’s programming; and Winnipeg is the result of — or exacerbated • 14 specialized programs, including by — many socio-cultural and individual factors, individual counselling, open and closed including gender inequality, experiences of support groups, longer term counselling, violence pre-migration, adaptation stresses, training for other service providers, public sudden role changes in families, perception education, supervised access services for of changes in gender status and privilege (i.e., parents and their children and couples women “taking advantage” of women’s rights, counselling.140 and protection by the law) and actual changes in The Family Violence Consortium of Manitoba gender status (i.e., men being negatively affected represents all agencies funded by the FVPP. It is by downward socio-economic mobility, including a gathering of organizations who support fami- job status loss and/or under-employment.136 lies across the province in a variety of ways.141 Understanding the vulnerabilities of Indigenous women with respect to family violence is equal- Access to Justice Barriers ly complex. Indigenous women are about three Women survivors of violence face significant times as likely to report being a victim of spous- barriers to accessing justice. One is a lack of al violence as non-Indigenous women.137 While awareness about the law and their legal rights, higher rates of victimization are often associ- particularly regarding family law issues.142 Where ated with the presence of other risk factors (for newcomer women are concerned, MANSO iden- example, childhood maltreatment, a history of tified specific barriers as: homelessness and poor mental health), Statistics a lack of access to or knowledge or services Canada reports that unlike other groups, includ- and support, especially culturally appropriate ing Indigenous men, their identity as Indigenous services, a cultural disinclination to seek women is, in and of itself, a risk factor.138 help, as attitude of tolerance towards spousal The Family Violence Prevention Program abuse, intolerance and discrimination in the (FVPP) is a provincially-run program that plans larger culture and in services, language and and develops community programs to help stop literacy barriers, and a lack of transportation or family violence. The FVPP provides funding to affordable transportation.143 community-based organizations that offer spe- cial services for abused women and their chil- Another is the gap in services between those dren and for men living with family violence.139 offered in Winnipeg and those offered in rural There are 35 agencies across Manitoba that pro- or remote First Nations communities. The rep-

Justice starts here: A one-stop shop approach to justice in Manitoba 35 resentative from A Woman’s Place commented and it’s heart breaking to hear these women talk at length on both: about lack of resources and heart breaking for me when I can’t provide them. So, yeah, there The real gap is rural Manitoba. And not just definitely needs to be some changes. northern Manitoba, rural Manitoba in general. So, Brandon, Manitoba for example. There’s The representative from A Woman’s Place also nothing out there. No woman should have to identified fear and mistrust of police and the phone all the way to Winnipeg to get a legal child welfare system that some women survi- consult. And I’m not saying every community vors of violence experience: should have a lawyer but certainly how’s the When the police — now there’s a new policy — I women in Brandon, for example, supposed to shouldn’t say new, it’s been in place for 2, 2 ½ come here and see a lawyer face to face. So, years — and whenever there’s a domestic and there’s a huge gap for rural Manitoba.... And children are in the residence, Child and Family we only do what we can do. We aren’t miracle are called. And so most women that phone workers, we’ll try to give the best advice we can now, or come in, there’s Child and Family over the phone, or the lawyer will, but there’s Services involvement. And, it’s a double-edged something about seeing someone face to face, sword. On one hand, you want women to take that connection, see the tears, and that trust it seriously — it certainly is a safety issue for building that goes on face to face.... children. On the other hand, women don’t want to phone police anymore. So, there’s usually ... there needs to be some services in rural that involvement. Helping clients understand Manitoba. They just seem to be left out all that Child and Family’s not there to take their the time. Legal reform — we need to allow child away. It’s about the safety of their children for services for those that live in remote and the fact that domestic violence or family communities. If you live on a reserve, can you violence is not healthy for them. Really trying to imagine being stuck on a reserve and there’s help them gain that understanding without fear. no way out and you’re stuck in an abusive Because there’s a huge fear. relationship? You don’t have access to a lawyer, you don’t have access to a shelter. These women At both a national and provincial level, stake- are terrorized in their own community. Or they holders in the justice system continue to express have to leave their community — why should concerns regarding serious barriers to justice, they? And I know that’s kind of getting off what ranging from the high cost of legal representa- you’re talking about. But my heart is with rural tion to geographical barriers such as distance Manitoba because I get these calls every day from services.

36 canadian centre for policy alternatives — MANITOBA Part III — Review of Existing Legal Services

Part III provides an overview of the present state Figure 1 Levels of Legal Services of access to justice in Manitoba by identifying and describing the legal services currently available to low and middle-income Manitobans. Representation

Spectrum of Legal Services Advice A major component of access to justice is access to legal services. There is a range of legal services Information available to low and middle-income Manitobans to obtain assistance in navigating the justice system and resolving their legal problems. At one end of the spectrum is legal information, where people are given general information about the area(s) of law relevant to their specific problem. That information helps people understand whether they have a legal issue, what their options may be, possible next steps, and where to seek legal advice. son. For instance, they do not communicate with At the mid-range of the spectrum is legal ad- the other party on the person’s behalf or appear vice, which involves giving a person an opinion with them at a court or administrative tribunal. about how the law might be applied to their is- At the other end of the spectrum is full legal sue. Under Manitoba’s Legal Profession Act, giv- representation, which means someone advocating legal advice is deemed to be carrying on the ing on behalf of the person in a legal proceed- practice of law and therefore solely within the ing before a court or administrative tribunal, purview of practicing lawyers.144 Lawyers giving or in other legal processes such as a mediation legal advice only do not actually represent the per- or negotiation.

Justice starts here: A one-stop shop approach to justice in Manitoba 37 Distinctions drawn between legal informa- the way and encouraging lawyers, and others, to tion, legal advice and legal representation, and innovate in how legal services are delivered.” 146 questions around who provides what service is In Manitoba, none of the community advocates a necessary facet of any conversation around outlined below have found themselves in conflict access to justice. In addition, there is a growing with the LSM over the “unauthorized practice of recognition for the need to change the tradition- law”.147 As one representative of the LSM stated: al “one-lawyer-one-client” model of legal service Far too many members of the public can’t afford delivery. As the Federation of Law Societies of to hire a lawyer to have their problems resolved. Canada (FLSC) has recognized: From our [the LSM’s] perspective, every legal Assistance with legal problems can come from a problem doesn’t require a lawyer either, just as variety of sources. Paralegals, law students and every medical problem doesn’t require a doctor. articling students, as well as a variety of non- I can now go next door [to a pharmacy] and lawyers, particularly those who have specialized get my flu shot for example, or you have nurse expertise, can provide effective assistance with practitioners that assist in a whole variety of a range of legal matters. There is a vast array of areas. So, I think there is a need for us to take organizations and individuals who provide legal a look at how we can ensure that legal services assistance and advice although they are not are provided in perhaps some more holistic licensed or regulated by any law society.145 ways — so that we can identify what services might be provided by lawyers, and by non- In Manitoba, some legal service providers lim- lawyers to address the affordability problem. it their services to providing legal information only, while others provide legal advice and/or In terms of the specific role that community ad- legal representation. Legal services in Manitoba vocates can play, the same representative stated: are provided by lawyers, law students, and com- … a lot of community advocates do exceptional munity advocates who are not lawyers and may work. They do work that lawyers either don’t not have legal training. want to do, aren’t prepared to do and in some There is a need for all these kinds of services instances, are less qualified to do. Because and each one is beneficial in its own way. How- sometimes the community advocates… [are] ever, lawyers and those working under the su- very well trained, [have] very specialized pervision of lawyers are regulated by the LSM. knowledge. In some of those administrative There is no commensurate regulation of other tribunals, their legislation actually addresses professionals offering what amounts to legal ad- that and permits it, and other not. vocacy services. As a result, there is little to no consumer protection for legal services provided So, we [the LSM] have struggled with this by those who are not lawyers (including legal in- throughout the years because, from an access formation, advice, and advocacy services) which to justice perspective, for us to take the position can lead to a lack of uniformity in services and that they’re engaged in the unlawful practice of issues related to quality of the services provided law, that would prevent people who need those with little recourse available to the consumer. services from accessing them. So, to a large At the same time, the necessary protection of extent, what we have done throughout the years consumers should not be used to stifle innovative is made an effort to identify those situations service delivery that brings access to justice to where an advocate is providing those services the people that need it most. To this end, “a key effectively where the public is at risk. Where aspect of innovative regulation is getting out of we have identified that the public is at risk… in

38 canadian centre for policy alternatives — MANITOBA those instances, [the LSM] will step in and take jurisdictions, as do the types of legal matters cov- proceedings to shut them down. ered, and the extent of legal services provided. Most focus group participants for this report Previous justice ministers have considered legisla- were aware that Manitoba has a legal aid pro- tive changes that would permit benchers to iden- gram and they associated legal aid with access tify classes of individuals engaged in providing le- to justice.151 However, many did not know a great gal services, including community advocates, and deal about legal aid in Manitoba, for instance provide a mechanism for approving a range of le- how it operates, the financial eligibility criteria, gal service providers. While recent amendments and areas of coverage beyond criminal matters. to the Legal Profession Act have opened the door Manitoba’s legal aid plan is administered to entity-regulation, including an expanded defini- by LAM under The Legal Aid Manitoba Act.152 tion of law firms, it remains to be seen whether this LAM’s legislative mandate is to provide quality type of classification of services will take shape.148 legal advice and representation to low-income What follows is a summary of existing legal individuals and groups who are deemed finan- service providers and legal services in Manito- cially eligible.153 LAM indicates that it provides ba. Attached as Appendix B is a compendium of more “full legal representation services” per cap- statistics available respecting interviewed legal ita than any other provincial legal aid plan.154 Its service providers (along with related adminis- core areas of service include: trative tribunals).149 • Criminal matters (adult and youth), including both indictable and summary Legal Aid Manitoba conviction offences. LAM generally appoints a lawyer if the person is facing jail As not all Canadians have the financial resources time or loss of employment if convicted; to pay for a lawyer, legal aid plans have been established in all provinces and territories. These • Family matters, including separation, plans operate with the common goal of assist- divorce, protection/prevention orders, ing lower-income Canadians who require legal spousal support, child custody, and child services for certain criminal or civil matters. support. LAM also offers collaborative law To operate and provide legal services, Cana- as an alternative for parties who want to dian legal aid plans are funded by the Federal resolve their issues without going to court; and Provincial Governments, client contribu- • Child protection matters; tions, cost recovery awards, and contributions • Poverty law matters, including issues from the legal profession, among other sources. relating to residential tenancies, Since 1995, the federal government has gradually government benefits, and detentions under reduced its share of funding for criminal and civil The Mental Health Act; legal aid, from a 50/50 split with provinces and • Immigration and refugee matters, territories to approximately 14% in Manitoba.150 including seeking refugee status and While there are legal aid plans in place in opposing deportation or removal orders; each Canadian jurisdiction, there are significant disparities amongst provinces and territo- • Public interest matters, including systemic ries. Each jurisdiction has dealt with declining kinds of consumer, environmental, contributions from the federal government and Indigenous rights, and Charter cases; and other challenges in its own way. For example, the • Other matters, such as Workers financial eligibility levels vary extensively across Compensation, pension, and social

Justice starts here: A one-stop shop approach to justice in Manitoba 39 assistance appeals. Before appointing a erates an Advocacy Unit staffed by 3 paralegals lawyer, LAM will consider whether any working under the supervision of lawyers at PILC. other agency or organization could assist The Advocacy Unit handles cases relating to the person.155 income security, for instance social assistance or While LAM has the widest breadth of coverage CPP disability appeals, and hearings before the of legal aid plans in Canada, there remain many Residential Tenancies Branch (RTB) or Residential kinds of cases that are not covered under LAM’s Tenancies Commission (RTC). A paralegal from plan, including: the Advocacy Unit is also the independent tenant • real estate transactions; advocate at the RTB. The tenant advocate assists people in filling out necessary forms, filing claims • property divisions; and appeals, and preparing for hearings. The ten- • wills and estates; ant advocate may appear with a person at their • corporate or commercial matters; and hearing if they have difficulty speaking or understanding English, have a physical or mental dis- • civil suits such as people suing each other.156 ability, or are financially eligible for LAM services. Some of the most frequently occurring “everyday The Advocacy Unit regularly receives over legal problems” are consumer, debt and employ- 1400 calls each year, with inquiries on the rise. ment problems, followed closely by neighbour, In 2016–2017 alone, advocates received 1,634 re- 157 discrimination and family problems. With the quests for assistance. Approximately two-thirds exception of family problems, these commonly of calls for assistance related to residential ten- occurring problems are not generally covered by ancies matters, one-quarter of calls related to LAM on an individual basis. LAM may cover some social assistance, with the remaining relating consumer and discrimination matters through to other matters. PILC, for cases that are systemic in nature and Most of the Unit’s hearing work (76–88%) re- 158 otherwise meet PILC’s case selection criteria. lates to residential tenancies matters, while the remaining hearings involve appearances before How LAM Services are Provided the SSAB. In addition to providing general as- LAM uses both staff lawyers and private bar law- sistance and representation at hearings, the Unit yers to provide full legal representation within also provides presentations and training in the its areas of coverage. Staff lawyers are paid an form of outreach to other service providers and annual salary and private bar lawyers are paid community organizations. according to the tariff set out in the Schedule LAM also partners with a number of other to the Legal Aid Regulation.159 Tariff rates are a service providers in order to include legal servic- combination of an hourly fee and maximum flat es in the provision of other social services — for rates for specific services rendered.160 example, A Woman’s Place, Welcome Place, and In addition to full legal representation, LAM the MHRB. also offers duty counsel services with respect to In addition to its own community legal of- criminal law and child protection matters. With fices,LAM also operates the University of Mani- respect to criminal matters, duty counsel assists toba Community Law Centre, located on cam- unrepresented people by providing urgent advice pus, and staffed by 50 to 100 second and third and assistance, remanding matters until counsel year law students who volunteer their time and can be appointed or retained, and assisting with are supervised by a LAM staff lawyer. This Cen- bail applications, guilty pleas, and negotiated set- tre primarily handles Criminal Code offences tlements with a Crown prosecutor. LAM also op- that are not likely to end in jail time. If there is

40 canadian centre for policy alternatives — MANITOBA a reasonable possibility of incarceration, cases If a case is “fee-generating”, meaning the are referred to LAM and a lawyer is assigned to person will receive money when the matter is the case. Individuals receiving assistance must resolved, LAM will generally request that the be financially eligible to receive Legal Aid.161 person first try to retain a private bar lawyer. If the person can provide letters from at least LAM’s Financial Eligibility Guidelines two private bar lawyers confirming they are not LAM indicates that an increase in LAM’s financial able to take the case, then LAM may reconsider eligibility guidelines in October 2015 makes them the application. Under The Legal Aid Manitoba the highest among provincial legal aid plans for a Act, LAM has the authority to hold back money single person and for all family sizes.162 Gross in- a person receives at the end of their case, but not come eligibility levels range from under $23,000 money from monthly or periodic maintenance for a single person to under $43,000 for a family or child support payments.168 of more than 6.163 Further information about LAM’s services In 2015, LAM also reintroduced its Agree- can be found in LAM’s annual reports, pub- ment to Pay (ATP) program to extend coverage lished online.169 to people who do not meet the above financial While the number of applications LAM re- eligibility guidelines but have enough money or ceives annually has fluctuated over the past few assets to pay all or a portion of their legal fees.164 years, LAM regularly receives over 31,000 ap- This effectively increases the range of coverage plications for legal assistance. LAM regularly from under $23,000 to under $35,000 for a single rejects approximately 19–20% of the applica- individual. At the other end of the income scale, tions received, and while LAM does not provide a family of more than 6, would see coverage ex- the reasons for rejections in its annual reports, tended from under $43,000 to under $60,000.165 one could expect that not meeting LAM’s finan- People approved under the ATP program are cial eligibility criteria, requesting assistance for required to make an initial payment and then in- matters outside LAM’s coverage areas, or a LAM terest-free monthly payments to cover the cost determination of a lack of legal merit170 would of their legal fees plus a 25% program fee. LAM be regular causes for rejection of applications. sometimes asks people to contribute to the cost While criminal adult matters consistently of a specific disbursement, for instance a DNA represent the majority of legal matters that LAM test or psychological assessment. If a person’s fi- deals with, the number of family and immigra- nancial circumstances change for the worse, for tions matters that are being dealt with is on the instance they lose their job, then LAM may post- rise. The number of drop-in and phone assists pone, reduce, or cancel the monthly payment.166 has also increased significantly in recent years. In addition to considering a person’s gross Arguably, additional investments in legal aid in family income, LAM will also consider wheth- Manitoba would allow for more people to be er a person has assets such as a house, savings, served (through increases to the eligible income or a Registered Retirement Savings Plan. If the levels) and/or more areas of law to be included assets are locked in or using them would cause in legal aid coverage for direct representation. a significant hardship, the person may be eligible for legal representation. If a person owns a house, LAM may file a lien against the property Pro Bono Services by the Legal Profession but under no circumstances is a person required The legal profession plays an important role in to sell or re-mortgage their home to pay for their ensuring there is adequate access to justice for legal services.167 people who require legal assistance but are either

Justice starts here: A one-stop shop approach to justice in Manitoba 41 not eligible for legal aid or the other legal services operating in October 2015 and officially opened offered are not suitable or adequate. Members of on January 12, 2016. It has three staff members the legal profession improve access to justice by that provide legal information and referrals to offering “pro bono” 171 and “low bono” 172 services. SRLs in family court. The FJRC staff also assist Some would argue that lawyers have a profes- people with such things as drafting court orders. sional duty to offer these services. As Chief Jus- People can access FJRC’s services either in tice of the Supreme Court of Canada, Beverly person or by phone (Monday to Friday, during McLachlin, noted: business hours). It has a toll-free telephone number for people living in rural or northern areas If you’re the only one that can provide a funda- of the province. Both low income and middle in- mentally vital social need, from which you bene- come SRLs seek the FJRC’s services. Many peo- fit, I think it follows that you have to provide it.173 ple contact the FJRC for assistance more than Despite the crucial role the legal profession plays once and they also get referrals from the judici- in reducing economic barriers to accessing justice, ary. The service provided is confidential to give there is a history of tension between provincial people a sense of safety and security. legal aid plans and pro bono services. On one As of January 31, 2017, the FJRC had 1,112 in- hand, legal aid plans arose in Canada through teractions — 727 by phone, 332 at their counter the 1960s and 1970s primarily in response to the and 53 voicemail messages that were returned inability of the private bar and traditional pro within 24 hours. Over 700 of the interactions bono practices to meet growing demands for ser- were with people in Winnipeg and the remain- vices. On the other hand, the high demand for der from outside of the city. The following break- legal services, coupled with limited government down illustrates the types of inquiries the FLRJ resources, cause access to justice advocates to be handles daily: concerned that any increase in pro bono efforts • 295 inquiries were about court processes, will undermine calls for more public funding to forms and copies; 174 maintain or expand legal aid plans. • 208 were about support matters; Some observe that legal aid plans were never • 160 were about custody and access matters; intended to replace the need for pro bono legal • 146 were about divorce or separation; and services.175 Many members of the legal profession agree with Chief Justice McLachlin and dedicate • the remainder were about enforcement, a varying portion of their practice to offering pro getting a lawyer, protection, property bono and/or low bono services. That dedication division and “other” matters. takes many forms, for instance representing a The major issues identified by FJRC staff since it person with respect to their legal problem, get- began operating include court forms and rules ting involved in systemic litigation or law reform that are difficult for people to understand, and initiatives, or making contributions through bar people not having a sufficient understanding of associations and law societies. the adversarial process or alternative dispute resolution. TheFJRC staff have also found that giving people smaller and more focused infor- Initiatives by Manitoba Justice mation packages is a better way of assisting them In 2014, Manitoba Justice approved the Family with their particular legal issue. Justice Resource Centre (FJRC) as a 3-year pilot In addition to the direct services they pro- project to help SRLs with family matters (not in- vide, the FJRC staff frequently make additional cluding child protection matters). TheFJRC began referrals to help people deal with their legal is-

42 canadian centre for policy alternatives — MANITOBA sue. For example, referrals are often made to programs designed to deliver legal services in Family Conciliation, LAM, CLEA, and printed different ways. material such as the Guide to Changing Child The Law Society of Manitoba’s Family Law Support Orders in Manitoba. TheFJRC staff also Access Centre (FLAC) is a pilot project that start- provide referrals when they receive requests for ed in 2010 and has provided family law-related information about legal issues beyond its man- legal services to middle income families. When date, for instance child protection, probate, and it started, eligibility for FLAC assistance was health care directive matters. based on family income levels that were above A representative from the FJRC said they are Legal Aid Manitoba’s eligibility guidelines for meeting an unmet need with respect to accessing fully free legal representation.178 justice, however they were not able to describe Once a person was accepted into the FLAC the scope of that need. The representative also program, they were required to sign a contract said that a FJRC-type service for other areas of agreeing to make a monthly payment for a speci- law where there are high rates of SRLs would fied period. If the person failed to make the agreed be helpful, for instance with respect to small payments, their coverage was cancelled and the claims matters. lawyer could withdraw from the case. The total amount paid under the contract covers the cost of legal fees and disbursements Initiatives by The Manitoba Bar Association but is significantly lower than what the person and The Law Society of Manitoba would have been charged by a private bar law- In 2010 and 2011, the MBA conducted a series of yer or law firm. The rates paid toFLAC lawyers town hall meetings throughout the province to are higher than the LAM tariff and are based on consult with justice system stakeholders regard- years of experience. Specifically, lawyers with ing the state of access to justice in Manitoba.176 less than 5 years’ experience are paid $100.00 Attendees included court workers, sheriff’s offic- per hour, lawyers with between 5 and 10 years’ ers, corrections personnel, representatives from experience are paid $130.00 per hour, and law- victim’s groups, women’s shelters and non-profit yers with more than 10 years’ experience are paid justice-related agencies, judges, lawyers, and mem- $160.00 per hour.179 bers of the public. Themes from the discussions Under the FLAC program, people would choose included access to community-based advocacy a lawyer from a roster of lawyers, but a lawyer is and legal support services, lawyers, and legal aid, not obligated to take a case. When the program and revealed disparities between services avail- first came into effect, approximately 70 lawyers able in urban areas and services available in rural volunteered to be on the roster. Since its incep- and remote areas around Manitoba.177 The town tion FLAC has approved 67 applications180 and hall meetings played an important role in what 46 people have successfully completed the pro- were, at the time, emerging discussions about gram. There have been a few cases where con- the issue of access to justice. tracts were cancelled or partial refunds given The LSM has also undertaken initiatives to and 21 cases are ongoing.181 increase access to justice in the province. In The demand for FLAC’s services far exceeds particular, access to justice committees are the number of cases it can accept and there are currently working to facilitate dialogue among about 10 times as many applicants as approved stakeholders in ways that can improve institu- applications. FLAC’s website advises people that tional responses aimed at addressing unmet le- it is currently not accepting applications because gal needs. In addition, it has experimented with the program is operating at capacity.182 It has al-

Justice starts here: A one-stop shop approach to justice in Manitoba 43 ready been at capacity for several years. FLAC’s lator and not a service provider.183 There were representative interviewed for this report com- distinct perspectives with respect to FLAC. One mented on the high demand for services and said: perspective is that if FLAC was made a permanent program, with an increase to its financial There’s this massive waiting list and what is eligibility standards, it would likely be able to surprising is that when you do get an opening, assist even more low and middle-income peo- a matter concludes, and you do follow up with ple with their family law matters. Another someone that’s been on the list for a couple perspective is that reduced hourly rates and years, they’re still waiting. I mean, that’s payment plans are common within the legal remarkable that they have a legal issue that has profession, especially amongst smaller firms sat for a couple of years. and solo practitioners. Or they’re trying to deal with it themselves and The Law Society of British Columbia’s Access would appreciate the help of a lawyer. So, when to Legal Services Advisory Committee also re- they get the phone call saying, “OK, now we can cently evaluated the program. The Committee accept your case”, they’re like “Oh, yes!”. Even if determined that it was not viable to duplicate it’s two to three years later. the program in British Columbia and preferred a proposal to set up a roster to “match family law The fact that someone would still be waiting mediators with lawyers prepared to provide un- for counsel two to three years after applying to bundled independent legal advice to participants FLAC indicates how much more remains to be in mediation”.184 The BC Family Law Unbundling done to address access to justice issues with re- Roster is an initiative hosted by Courthouse Li- spect to family law. braries BC and supported by Access to Justice FLAC is still considered to be a pilot program BC and Mediate BC, and is now operational with but has not accepted new clients in some time. an active list of lawyers and paralegals willing to When the ATP program was reintroduced by perform discrete tasks for clients. LAM in 2015 (as outlined in the above section on legal aid), it’s ATP rates ended up mirroring FLAC’s financial guidelines. Community Legal Service Providers If FLAC was to start accepting new clients, In addition to legal services provided by LAM it would need to increase its financial eligibility and the legal profession, there are a range of guidelines if it intends to continue assisting peo- other legal service providers in the community. ple who are not eligible for legal aid. If FLAC’s Several non-profit agencies in Manitoba offer financial eligibility guidelines are not increased, help to members of the public as they try to re- there will effectively be two tiers of assistance for solve their legal problems. Several social service individuals within the income brackets covered agencies also run programs that include legal or by LAM’s ATP program. Individuals accepted advocacy services. This section identifies com- into LAM’s ATP program would be paying their munity organizations that have legal services as lawyer $80/hour, while individuals with FLAC their core mandate, namely the CLEA, the LHC, would be paying counsel $100-$160/hour based the CUHC, and Infojustice. on the lawyer’s years of experience. While FLAC continues to serve its existing Community Legal Education Association program participants, the LSM has indicated CLEA offers public legal education and informa- that it would prefer another organization take tion. It also gives anyone who requests their help over administering the program, as it is a regu- brief legal advice and lawyer referrals regarding

44 canadian centre for policy alternatives — MANITOBA a full spectrum of legal issues. They also offer the and looked on websites, things like that. But following services to strengthen public under- in terms of initial understanding, I don’t think standing of the law: there’s a lot there. Especially with family • a Speakers Bureau;185 matters, if anything they get misconceptions • Community Legal Intermediary Training;186 from things they read in the paper, things they read about or see on TV. Even the criminal stuff, • workshops and presentations for I think there is a lot of misconceptions from the organizations and community groups; and media. They just don’t tell the full story. • plain language publications that explain The types of requests for legal information and legal terminology and common legal advice that CLEA receives varies widely –approx- problems, as well as information about how imately 40% of callers are looking for assistance to pursue a resolution. with a family law matter and an increasing number CLEA’s Law Phone-in and Lawyer Referral proof callers are SRLs. CLEA’s representative noted: gram employs two full-time staff lawyers who assess callers’ needs and provide appropriate in- They might be calling because they need a formation and summary advice. They also make lawyer who speaks a particular language. Or referrals to relevant law-related agencies and to a it might be that they need someone who’s a list of over 130 lawyers in Manitoba. CLEA regu- notary public. It could be as simple as that, larly receives more than 6200 toll-free calls for to something as complicated as they are assistance every year, with approximately 25% of representing themselves because they can no calls coming from outside Winnipeg and 21% of longer afford a lawyer and therefore ‘this is what calls resulting in a referral. I’m doing now and what’s my next step?’ So, The roster of lawyers registered with the pro- it sort of runs the gamut between some fairly gram provide up to 30 minutes of consultation straightforward ones to the more complicated free of charge, and are matched with people in ones are sort of becoming the norm. need of assistance based on their location, area The increasing number of complex requests for of practice, language, and other factors such as help suggests that more people are attempting whether the lawyer accepts contingency or legal to navigate the legal system on their own. In aid cases. CLEA’s staff also reply to email inquiries. CLEA’s experience, one of the causes of the in- Many people approach CLEA as a first point crease in SRLs is because more people are falling of contact when they are dealing with a legal cri- in the gap between eligibility for legal aid and sis. In addition, despite a greater availability of being able to afford full legal representation. As information on the internet, many people that CLEA’s representative explained: contact CLEA are unable to apply the informa- They are calling and asking procedural tion they have found online to their situation or questions. It used to be more so just information they have assumptions about the law based on type things. They wanted to know “OK what are inaccurate or irrelevant information. As CLEA’s the grounds for divorce?” Now it’s not grounds representative explained: for divorce, they also want to know about other When they are confronted with a problem, aspects: custody, access, child support, property they have to find out in a hurry — and some division, the whole gamut. And “oh by the way people are better at it than others — so they’ll I’m doing this myself because I can’t afford a have read up. For example, before they even call lawyer and I didn’t qualify for legal aid.” So it they’ll have read up on family law in Manitoba does run the gamut.

Justice starts here: A one-stop shop approach to justice in Manitoba 45 Legal Help Centre commented on that challenge and identified TheLHC works “in partnership with the commu- a creative way it found to work in partnership nity to increase access to legal and social service with private law firms to ensure there are no systems for disadvantaged community members gaps in services: by providing referrals, legal help, and public le- Our primary challenge has been resources. Both gal education and information.” 187 Founded in human and financial. We have more work than 2009, LHC provides in-person legal informa- we can do, and we don’t have enough people to tion and referrals and holds drop-in clinics for do the work that we could do. And we can’t hire people with family incomes of less than $50,000 more people without more fiscal resources. So per year. In all its outreach activities, whether it’s a bit of a conundrum — it’s the number one it be serving on a committee or doing presenta- challenge we face. tions in the community, the LHC advocates for increased access to justice. We have an ongoing challenge in terms of Each year, the LHC serves an increasing num- the way we operate because we rely heavily ber of individuals as “drop-in clients” — from on students. The schedule of students and 1,873 in 2013–14 to 2,123 in 2015–16.188 A large the limitation of their availability are another volume of requests for legal information made at challenge that we continually face. We are LHC’s drop-in clinics relate to family law matters finding ways to address that typically through (nearly 60%). As of 2014, LHC is also now regu- filling gaps with articling students. Various larly helping approximately 100 SRLs in uncon- firms agree to send their articling students to us tested family motions court each year.189 LHC is during those gap times, whether in December or also serving an increasing number of individu- April during exams, and then we hire students als on more than one occasion. during the summer. LHC’s drop-in clinics are staffed by law stu- One of the major barriers to accessing justice in dents who are supervised by lawyers. In addition, LHC’s experience is language, both in terms of le- LHC works in partnership with the University of gal terminology and English fluency and literacy. Winnipeg and the University of Manitoba, and In order to successfully compile the documen- in particular the University of Manitoba social tation needed to support a case, many people work program so that social work students are require LHC’s assistance completing forms and also part of the drop-in clinics. LHC’s represent- drafting documents for submission. As LHC’s ative noted that the social work students are a representative noted: valuable resource and: And I would say, in terms of what barriers ... that interplay between social work and the do most [people] face, the biggest would be law is really valuable. The social work students language. That is the biggest hurdle we have come with such a different perspective that to overcome here. Being able to complete they can really open the eyes of law students to court documents, to understand what court different ways of approaching problem solving documents are asking people to do. And even and to the kind of underlying social problems to express to us, because sometimes we have that might be resulting in a legal problem. people come and they only speak Portuguese, The demand for LHC’s services continues to no one here speaks Portuguese, I don’t have a rise and one of its primary challenges is find- student on hand that I could bring in, and had ing sufficient human and financial resourc- no one to translate, there was literally no way es to meet the demand. LHC’s representative we could help the person.

46 canadian centre for policy alternatives — MANITOBA Another barrier is a lack of access to a computer Our EI clients are people who have had a recent or a need for assistance with completing docu- labour force detachment so they are not long ments. LHC’s representative stated: term unemployed. [They are people] who expect to return, will likely return to work, within a Or people not having the ability to complete reasonable period of time. documents, because they don’t have computers. ‘How am I supposed to write the answers And the clients… are disproportionately to these questions you need, I don’t have, I Aboriginal, or new and recent immigrants, and either can’t write with my hands or I have no increasingly with our EIA work we see more computer.’ people with mental health issues. Our clients tend to be, based on their work patterns, people Community Unemployed Help Centre in poverty or low to middle income. TheCUHC provides information advice and assistance with respect to matters relating to the Considering significant cutbacks to the federal federal EI program and, since 2011, with respect public service, CUHC’s work has become more to the provincial EIA program. CUHC’s 4 full-time challenging in terms of getting timely and rel- and 1 part-time advocates also appear with peo- evant information for the people they are help- ple in need of assistance at appeal hearings being. CUHC’s representative said: fore the Social Security Tribunal and the SSAB. It’s, I would say, bordering on the impossible for CUHC staff’s expertise is around the government individuals to get information. If you have the income assistance programs specifically — they experience of calling a Service Canada office, are not otherwise trained as lawyers or working you don’t have the option of speaking with a under the supervision of lawyers in their advice live person. So, you get any number of recorded and advocacy services. announcements but no opportunity to speak In both 2015 and 21016, CUHC provided in- with someone. formation, advice, and representation to about 1,500 people. Its advocates represented 215 and We had designated contacts we could deal with, 308 people at their appeal hearings in 2015 and within Employment and Social Development 2016, respectively. CUHC reports that its 80% Canada, which is the department under which success rate returned over $1.26 million in 2015 EI operates, and those contacts were pulled and $2.2 million in 2016 to people whose EI or from us last year. Those contacts were invaluable EIA benefits had previously been denied.190 because if we wanted to inquire about one of The people thatCUHC serves also have differ- our clients’ claims or expedite a claim delay by ent needs and circumstances depending if they simply providing additional information we were are dealing with an EI or an EIA issue. CUHC’s able to move things along pretty quickly. So that representative explained that: presents a challenge for us.

Our EIA clients are people living in poverty, In addition to providing individual advocacy, and they tend to be long-term unemployed. I CUHC also pursues ways to make systemic changes don’t like the word unemployable, but [they are] to laws and policies that would benefit precari- long term unemployed and face major psycho- ous and unemployed workers. CUHC was part of social and physical barriers to employment a planning committee that organized two suc- So they would be people who have little or no cessful advocates conferences. It has also worked hope of gainfully holding employment on a in partnership with PILC on test cases relating regular basis… to such things as eligibility for the EI program.

Justice starts here: A one-stop shop approach to justice in Manitoba 47 Infojustice Manitoba other legal service providers, the highest per- Infojustice is a relatively new player amongst centage of inquiries have been with respect to Community Legal Service Providers. Opening family law at 32.9%, followed closely by notarial its doors to the public in May 2017, Infojustice services at 25% and inquiries around civil mat- offers legal information, supports and referrals ters at 24.3%. Wills and estate matters comprise to French speaking individuals. While they do 7.9% of inquiries with 5.7% relating to business not provide either legal advice or representation, or corporate matters. Infojustice’s representa- they do offer some accompaniment services, tive explains: meaning they will accompany self-represented Some clients will want general information... individuals to the courts located in Winnipeg. while others will be in the middle of legal Infojustice was founded by the Société de la proceedings and will want information francophonie manitobaine and was specifically pertaining to the law or the legal procedure. created to promote access to justice in French Some are representing themselves, but others in Manitoba. They are funded through theAc - do have lawyers. The clients that have lawyers cess to Justice in Both Official Languages Support will often contact Infojustice either to clarify Funds191 as part of a national initative to promote the information they are receiving or to obtain access to justice in both official languages, joining general information because their lawyer may similar centres in Nova Scotia, Ontario, Saskatch- not be able to immediately speak with them. ewan, and Alberta. Infojustice’s representative had this to say about the need for their services: While over 70% of their interactions with individuals in need of their services are in-person, Although there exists legislative and Infojustice will also provide consultations over constitutional obligations with respect to access the phone or by email. In addition to individual to justice in French, there are still, in Manitoba, legal information services, Infojustice also pro- important deficiencies with respect to access vides French presentations and workshops in to justice in French. Infojustice Manitoba is the community. seeking to ensure an equal access to French legal information in relation to available English information. Government-Funded Legal Service Over 75% of Manitoba’s Franco-Manitoban pop- Providers ulation was born in this province,192 however, In addition to the above community-based or- more than 60% of the people using Infojustice’s ganizations, there are several provincial gov- services are immigrants. As the Infojustice rep- ernment-funded independent advisor offices resentative notes: attached to various administrative tribunals that offers legal services. These offices typically There is an important portion of the French provide independent assistance to people with speaking population in Manitoba taht is new legal issues properly before the tribunal within to this country. This clientele requires specific which they are located. services with respect to justice. French may not necessarily be their first language, but many of Claimant Adviser Office them prefer to communicate in French rather The Claimant Adviser OfficeCAO ( ) was created than English. by the provincial government in 2005 and is part Since opening, Infojustice has provided infor- of the Department of Justice’s Consumer Protec- mation on a variety of legal topics. Much like tion Division. The CAO assists people appealing

48 canadian centre for policy alternatives — MANITOBA bodily injury claim decisions made by the Inter- ... the tribunal is centered in Winnipeg, the nal Review Office of Manitoba Public Insurance AIM office, the Mediation Office is centered in (MPI) to the Automobile Injury Compensation Winnipeg, obviously our office is in Winnipeg Appeal Commission (AICAC).193 TheCAO was but that doesn’t mean that we don’t help established by The Manitoba Public Insurance people outside of Winnipeg and we have a Corporation Act194 (MPI Act) but is independ- number of people who are centered around ent from both MPI and the AICAC. There are Brandon so we will obviously go out and meet no eligibility criteria for the CAO’s services and with people in Brandon. We’ve had tribunal anyone who wishes to appeal a decision to the hearings up in Dauphin or up North. The AICAC can access its services. In addition, ser- tribunal will travel most of the time or people vices offered by theCAO are free of charge and will come in.200 available in both English and French.195 TheCAO ’s representative also noted that in their The CAO’s mandate under the MPI Act is to experience, even though not all the people they explain to claimants the meaning and effect of represent will be entitled to monetary compen- the MPI Act, regulations, and decisions, to un- sation, having a chance to be meaningfully heard dertake investigations and inspections regarding can be equally important: individual claims, and to communicate with or 196 appear before the AICAC on behalf of a claimant. You know, sometimes our results are not always In addition, the CAO will represent claimants at in monetary terms, it’s for somebody to have a 197 mediations before an appeal is scheduled. The chance to be heard and say this is why, this is CAO staff’s expertise is around the MPI Act and how it’s affected me. They may not actually be the work of the AICAC specifically — they are not entitled to anything under the legislation but otherwise trained as lawyers or working under they want to have an opportunity to say this is the supervision of lawyers in their advice and how that motor vehicle accident affected me and advocacy services. my family and we can kind of help them have TheCAO primarily handles appeals relating that opportunity so I think that’s kind of what to Personal Injury Protection Plan benefits re- we do.201 garding medical expenses, income replacement, caregiver expenses, personal care expenses, im- Over the past three years, the CAO has consist- pairments, rehabilitation, and catastrophic in- ently represented about 60% of claimants before juries. Given that many people are not aware the AICAC. In 2013/14 the CAO represented 109 of their legal rights and responsibilities under of 176 claimants; in 2014/15 it represented 133 of the MPI Act and regulations, an important part 214 claimants; and in 2015/16 it represented 135 202 of the CAO’s services is education.198 The CAO’s of 217 claimants. representative described the services it provides as follows: Worker Advisor Office The Worker Advisor OfficeWAO ( ) was estab- ... we provide advocacy services to anybody who lished in 1982 under The Workers Compensation is appealing a decision to the Commission of an Act203 and is an entity within the Department of internal review decision so our services would Growth, Enterprise and Trade. TheWAO pro- include … education, advice, representation.199 vides free and confidential services to injured TheCAO ’s office is in Winnipeg, but it provides workers and their families who need help deal- services province-wide. The CAO’s representa- ing with the Workers Compensation Board of tive explained: Manitoba (WCB).204

Justice starts here: A one-stop shop approach to justice in Manitoba 49 The WAO’s mandate is to mission is to pro- someone contacts us we provide services. The mote “the fair, equitable and timely resolution service might look different depending on the of WCB issues for injured workers”.205 It fulfills nature of the case so again, we come back to that mandate by offering the following services: the advice, assistance, or representation. We do • Information and advice to injured workers absolutely send people to other agencies for help about their WCB claims; where it falls outside the mandate of our office so • Assistance to workers preparing for if we’re talking about someone who is struggling a hearing before the WCB Appeal financially, we may refer them to Employment Commission. That includes providing Insurance or to EIA for instance. If they’re having information about WCB policies and the trouble with an employment insurance claim we appeal process, reviewing the file and may refer them to the Community Unemployed clarifying relevant issues, discussing Help Centre, so there’s a lot of knowledge in options on how to proceed at the appeal, the office about the different services that are and giving suggestions on how to make the available and lots of referrals take place. strongest possible case; and In addition to the three core services it provides, • Representation before the WCB Appeal the WAO also engages in public education and Commission if a reasonable argument community awareness activities: can be made to dispute a decision. That ... we do presentations for the [Manitoba includes communicating directly with Federation of Labour] Occupational Health the WCB and appearing on behalf of the Centre, the Train the Trainer series and, worker at the Appeal Commission.206 you know, that really is about increasing The WAO has an intake process where worker understanding and awareness about Workers advisors answer inquiries over the phone, tri- Compensation ...in different communities age the requests for assistance, and open files if where, you know, particularly people coming there is some basis for the WAO to represent the from other countries who may not have the person. In their experience, there is often over- same experiences and the same knowledge about lap among the services it provides, for instance what Workers Compensation means and what’s some people originally contact the WAO for ad- involved in it, what’s the requirements, and how vice only, but are then provided with assistance you go about making a claim and it’s really about 207 and representation. building awareness within those communities so The WAO provides services free of charge to that’s absolutely one of the things that we do. anyone in Manitoba that falls within the WCB Over the past three years, the WAO has provid- scheme and makes referrals to other organizations if an issue falls outside its mandate. The ed services to between approximately 2,300 and WAO staff’s expertise is around the Workers Com- 2,700 people each year. Approximately 90% of in- pensation Act and the work of the WCB Appeal quiries are concluded by providing advice only. Commission specifically — they are not otherwise The others proceed through the appeal system trained as lawyers or working under the supervi- with assistance from WAO staff. sion of lawyers in their advice and advocacy services. As explained by the WAO’s representative: Residential Tenancies Independent Advisor Program We don’t decline services where they are existing TheRTB , located within the provincial Depart- in the Workers Compensation claim itself. If ment of Justice, assists landlords and tenants by

50 canadian centre for policy alternatives — MANITOBA providing information on matters such as rent, access to someone who helps them — you know, repairs and deposits, and mediating disputes. The maybe their success rate in areas where they RTB provides information on rights and respon- have a valid position is a little compromised. So, sibilities during a tenancy, investigates problems, this pilot program was something that was put and holds hearings to make decisions and issue into place to provide that assistance.211 orders on certain issues.208 The RTB does not pro- In October 2016, the provincial government de- vide advocacy services to landlords or tenants. clined to continue supporting the IAP. Conse- In the fall of 2010, the Province of Manito- quently, LAM now exclusively funds a service ba provided five-year funding to establish the providing information and advocacy to ten- Independent Advisor Pilot Program (IAP). The ants. The advisor services to landlords are no IAP provided advisory services to landlords and longer offered. tenants specific to residential tenancies issues. Within the IAP, the provincial government funded a landlord advisor position and LAM funded Other Service Providers a tenant advisor position.209 The advisors were physically located within the RTB’s office and -re In addition to the organizations profiled above ferrals to the IAP were regularly made to them that have legal and/or advocacy services as their by the RTB, various government agencies, ad- core mandate, there are several organizations in ministrative tribunals, health care agencies, and Manitoba whose programs or services include social service agencies. some form of legal assistance. The following are The landlord and tenant advisors assisted illustrative of the kinds of programs and servic- people with filling out forms, filing claims and es provided through social service agencies or appeals, and preparing for hearings before the other community non-profit organizations, but 212 RTB or the RTC. They also assisted tenants and are not an exhaustive list of services available. smaller, independent landlords to present their evidence at a hearing if they had difficulty speak- NorWest Co-op Community Health ing or understanding English, had a physical or Centre — A Woman’s Place mental disability or issue, or were living on a A Woman’s Place is a program located within limited income.210 the Norwest Co-op Community Health Cen- The RTB’s representative explained the ra- tre in Winnipeg. The purpose of the program is tionale for the IAP in the following way: to ensure the safety of women and children so they may live in an abuse-free and healthy en- One of the reasons for embarking on the vironment. Independent Advisor Pilot Program was A Woman’s Place Domestic Violence Support to ensure that individuals who had limited and Legal Services offers supportive counsel- income or other reasons where they would need ling and legal services to women who have left assistance in representation had access to that. or are in the process of leaving an abusive rela- So, I mean our process is informal and you don’t tionship.213 A Woman’s Place works in partner- require a lawyer and definitely it’s not a regular ship with LAM by taking legal aid applications occurrence that lawyers attend. and ensuring they are fast-tracked for women However, for individuals who may have more who are in crisis. difficulty maybe reading or understanding or A Woman’s Place also has a staff lawyer that get overwhelmed by the process, if they can’t provides legal advice, information, and repre- afford to have someone help them or don’t have sentation, all free of charge. Some of the ways

Justice starts here: A one-stop shop approach to justice in Manitoba 51 in which the staff lawyer provides legal repre- Independent Living Resource Centre sentation are obtaining protection orders, de- The Independent Living Resource Centre ILRC( ) fending against applications to set protection assists people through its Individual Advocacy orders aside, and in appearing as a “friend of the Program (Self Advocacy). In 2013–2014, the ILRC court.” 214 A Woman’s Place also does presenta- provided support to over 800 people through this tions in the community on domestic violence service.219 In 2014–2015, it provided one-on-one and family law issues. In addition, it advocates support and consultation to 180 people, provided for law reform regarding protection orders and contact supports to over 1,000 incoming inquiries has prepared written submissions regarding the by email, telephone or face-to-face, and participat- domestic violence prevention strategy. ed in 52 presentations.220 In 2015–2016, it provided Women survivors of violence come from a va- one-on-one support and consultation to 156 peo- riety of backgrounds. In 2016, A Woman’s Place ple and provided contact supports to about 1,100 provided services and supports to well over 1,000 inquiries by email, telephone, or face-to-face.221 women. The representative from A Woman’s The ILRC also participates in community Place said women survivors of violence are all activities and events as part of its community ages and come from all different backgrounds, outreach. It has also been involved in systemic although a large proportion of the people they law reform efforts, including a complaint to the assist are Indigenous women. Manitoba Ombudsman regarding Handi-Tran- sit services. Canadian Mental Health Association Manitoba and Winnipeg Anxiety Disorders Association of Manitoba, CMHA Manitoba offers a Rights Consultation Manitoba Schizophrenia Society, and the service described as follows: Mood Disorders Association of Manitoba These are three of the five self-help mental health The service provides people aid in helping them organizations known as FACES that are co-located understand the issues they face, explaining in downtown Winnipeg. The Anxiety Disorders options, approaches, and, if requested, Association of Manitoba is a peer-led organiza- supporting people at meetings and hearings. tion that offers practical suggestions, assistance The consultation service regularly provides with information, referrals, and navigation, and coaching, assists with correspondence and filing helps people with issues they are facing regard- complaints, provides support for rights-based ing such things as homelessness, lack of food issues under the Mental Health Act, legal issues, and lack of financial resources.222 and concerns around social service and health The Manitoba Schizophrenia Society’s pur- care treatment.” 215 pose is to improve the lives of people affected by In 2013–2014, CMHA Manitoba assisted 277 peo- schizophrenia and psychosis.223 It is a “consumer- ple through its Rights Consultation service and focused, family sensitive mental health self-help Intensive Rights Consultation supports were organization” that provides “education, peer sup- provided to 32 people.216 In 2014–2015, CMHA port programs, one-on-one consultations, public Manitoba provided nearly 300 responses to policy and research”.224 rights-based issues and worked on 39 individual The Mood Disorders Association of Manitoba cases.217 In 2015–2016, 42 people received one- provides peer support for depression and bi-po- on-one assistance to understand their rights lar disorders. The organization offers education, under The Mental Health Actand received pa- public awareness, and advocacy services and has tient representation or support at the MHRB.218 served about 55,000 people across the province.225

52 canadian centre for policy alternatives — MANITOBA North End Community Renewal West Central Women’s Resource Centre Corporation — Tenant Landlord The West Central Women’s Resource Centre Cooperation Program (WCWRC) offers a wide variety of programs TheNECRC has a Tenant Landlord Cooperation to address economic and housing security is- (TLC) program whose purpose is: sues for women, including newcomers and In- digenous women. Specific programs offered at ... to promote the upkeep and maintenance the Centre include a drop-in centre and a meal of rental properties within the North End program. TheHOMES (Housing Options, Men- of Winnipeg while fostering good working torship & Economic Security) program helps relationships between landlords and tenants. women navigate the EIA and housing systems TheTLC program seeks to employ conflict and serves about 250 women per year. This in- resolution while educating clients on their rights cludes helping women with landlord conflicts, and responsibilities under existing legislation including supporting women with RTB claims, to address community rental instability due to and helping women with EIA issues, including landlord and tenant disputes.226 supporting women with SSAB claims. TheTLC program includes workshops on tenant and landlord rights and responsibilities, work- Eagle Urban Transition Centre ing with community members to address ten- The Eagle Urban Transition Centre EUTC( ) of- ant issues, and advocating on housing issues. In fers services to First Nations people who relo- 2015–2016, the TLC program: cate from a reserve to Winnipeg. Much of their • had 1,104 individual contacts; work focuses on housing, but it spans a range • received 530 calls that were dealt with in of issues affecting Indigenous people who are under 3 hours per call; transitioning from one community to another. Those issues include employment, education, • opened 273 advocacy files; and health care, income supports and safety. EUTC’s • recovered $95,443 through hearings and representative said: mediation. We help hundreds of people acquire housing who are, the correct term is episodically Manitoba Low-Income Intermediary homeless, couch surfing, or new to Winnipeg or Project/Workers Organizing Resource living in dilapidated residences, or overcrowded Centre or living in an undesirable area where they’re The Manitoba Low-Income Intermediary Pro- not safe. And then we also do programming ject/Workers Organizing Resource Centre offers for homeless people based on the housing first advocacy support to people who have problems model.... And then we have some employment with government agencies, social assistance, and training pieces that again are — that are housing, and tenancy issues. It also provides very much needed. And we do some short-term poverty advocacy training and supports people training, we help people with work clothing, as they navigate through various systems. Their steel toe boots, specialized training, like safety advocates appear with people at appeal hearings, training that will sometimes give them a bit of including with respect to social assistance ben- an edge when applying for a job. efits and employment standards matters. The -of fice is primarily funded by the Canadian Union The prevalence of homelessness, or under- of Postal Workers, which also provides admin- housed people, is particularly high among the istrative support. people that EUTC serves. Many find temporary

Justice starts here: A one-stop shop approach to justice in Manitoba 53 accommodation with family or friends upon ar- the best, self-referred. They come here because rival in the city, while others stay in emergency they walk away with something. They walk shelters or in public spaces. The EUTC repre- away feeling good about themselves. They walk sentative noted: away — they come here because they — we have 100% Aboriginal staff that have expertise and I think about 40% of people that come here life experience and access to resources that will are impacted by housing and homelessness so help community members. And we work in sometimes — like I was just talking to this young cooperation here and we have many partners man this morning. He was coming here to use the out there, urban and rural. computers to connect with people, look for work, right? I say, “Where did you stay last night?” He said, “I stayed at the Main Street Project.” He said, Potential Disruptions227 To The Manitoba “I just get up in the morning, have a quick shower, Landscape Of Legal Service Providers and get out of there as fast as I can.” Lack of Adequate Resources for Existing … So, they shoo you out. This is why you see a Service Providers lot of people just kind of lingering around and The above survey of organizations reveals the you see signs, “No bathroom. No phone.” So, existence of a considerable number of service people come here as a place to kind of — it’s a providers, each doing their best to meet the le- part of their day. To fill their day. gal needs of the people who access their services. The survey also reveals there is a wide range of In terms of its values as an agency, EUTC’s ap- types of services providers, mandates, and indi- proach is rooted in Indigenous traditions. It views vidual communities served. Unfortunately, there community members in holistic terms, and in is not the same level of variety in terms of the doing so helps each person seeking help to feel geographic location of the services as the vast valued. As noted by EUTC’s representative: majority are located in Winnipeg and only a few Our purpose and vision is based on the extend their services to the rest of the province. medicine wheel philosophy and it’s community The important work being done by existing member focused... everyone is entitled to a good organizations and the dedication of individual life and they should have access to the resources service providers that help people access justice and supports that help them have a good life cannot be overstated. However, despite their best in the areas of mental, physical, spiritual, and efforts there remain many un- or under-served emotional.... I try to — we try to incorporate the people who cannot access the justice system. seven teachings into the work that we do here. Most service providers interviewed stated their Respect, humility, truth, honesty, wisdom, love, organization had difficulty meeting the demand and courage. for their services due to limited resources. Oth- ers expressly highlighted the dearth of service A critical component of EUTC’s success at pro- providers located in or accessible to rural and viding effective services is its reputation in the remote areas of the province. community and the partnerships it has devel- While the demand for services continues to oped. EUTC’s representative explained: grow, many of the funding opportunities that We are very well known throughout the city of community-based legal service providers and Winnipeg. We’re proven to be effective and the other non-profit organizations depend on are biggest indicator that people find out about us shifting. The current provincial government is through word of mouth, which is probably regularly reports that the economic conditions

54 canadian centre for policy alternatives — MANITOBA of the province are difficult and that the financ- they require, and how those services could best es of the province need to be “fixed.” Many or- meet their needs. ganizations that rely on provincial government funding are readying for or already dealing with New Initiatives funding cuts.228 For example, as noted above the At the same time as today’s fiscal climate has the government funding to the Residential Tenancies potential to disrupt the status quo, so too do en- IAP was cut in October 2016. Advisor services to tirely new players, such as current initiative be- landlords are no longer offered and tenant ser- ing contemplated by the University of Manitoba’s vices are provided through LAM’s Advocacy Unit. Faculty of Law and a major private donor. This In addition to the current fiscal climate of the proposed new initiative with the working title province, many legal service providers profiled in “The Justice Centre” is intended to serve three this report are also affected directly by the fiscal primary functions: health of the MLF, which is a significant funder. • provide a highly organized and well- The MLF is a not-for-profit foundation which supervised, accredited, and immersive funds programs for the benefit of the public in experiential learning opportunity for legal education, legal research, law reform, legal students in their third (and final) year of aid services, and the development and mainte- their law degree at Robson Hall; nance of law libraries. TheMLF ’s revenue comes • provide a wide range of legal services to the primarily from interest on funds held in Mani- public, targeted to those who are unable to toba lawyers’ pooled trust accounts. A small pro- afford to pay for those services and who are portion of the MLF’s revenue comes from invest- not eligible for help from LAM; and ments managed by the Winnipeg Foundation.231 • be an incubator providing advice and Since 2011, less funds have been available for support for recently called to the bar discretionary grants through the MLF because lawyers who wish to develop innovative of economic conditions and a continuing envi- legal practices.230 ronment of low interest rates.232 Any changes to the current status quo in terms of funding The Justice Centre would be set up to serve indi- arrangements with the MLF could have a sig- viduals who are not currently financially eligible nificant impact on existing services offered to for legal aid, but who are still unable to afford vulnerable individuals or marginalized com- the legal services they need. One of the insights munities in Manitoba. It’s worth asking whether shared between LAM and the proposed Justice there is value in seeking to evolve before one is Centre is that there currently exists a gap in forced to evolve. full legal representation services and a holistic package of services ranging from information Need for Better Empirical Data to representation in the preferred mechanism There is a lack of publicly available empirical for assisting people with legal problems. This is data relating to the supply of and demand for le- where the Justice Centre differs from many cur- gal services in the province. Coupled with an ad rent services offered in that the concept is not hoc approach to coordination of legal services, limited to legal information or advice and it is there is a potential for duplication of services, intended that the Justice Centre, should it come inefficiencies, and gaps in service. to fruition, would provide full advocacy and rep- 233 Further, there is no space carved out to hear resentation services. directly from members of marginalized commu- Some of the target areas identified anecdo- nities and other consumers about the services tally would be family law matters for individuals

Justice starts here: A one-stop shop approach to justice in Manitoba 55 who find themselves outside of LAM’s financial students and paralegals/community-based advo- eligibility guidelines, as well as civil legal servic- cates (under the supervision of a lawyer). While es outside of LAM’s current areas of coverage.231 a student clinic doesn’t necessarily pit learning At its core, the Justice Centre would be a stu- opportunities against client-centred or needs- dent legal clinic. Even with the use of full-time based service delivery, any program needs to supervising attorneys and/or a roster of volunteer consider how a student clinic could be organ- lawyers, the Justice Centre would be set up around ized to best meet the needs of its client base, to providing a clinical experience for students. In avoid providing a great learning opportunity to the discourse around student clinics and clini- students at the expense of individuals in need. cal learning in general, many of the advantages At the time of publication, plans for a Justice discussed focus on advantages to the student: Centre remain in the stakeholder consultation • teaching students to exercise professional phase and no specific (and necessary) financial judgement in action, in the face of all kinds commitments have been made. It remains to be of indeterminacy; and seen if or how the Justice Centre might impact • maximizing authentic student learning the Manitoba landscape of legal service providers. by recognizing its flexibility and creating With the depth of challenges outlined by opportunities for transfer.234 both communities in need and by those serving them, there is limited space for the status quo. According to Jane Aiken:

Clinical education today creates opportunities Regulation of Lawyers and Paralegals for law students to recognize the injustices in Many legal services provided by community- society and in the legal system, to appreciate the based organizations are not carried out under role they can play in challenging social injustice the supervision of a lawyer and with the benefit and in reforming the legal system, to make of regulatory oversight through the LSM. Further society and the legal system more just, and to discussion is warranted to address any consumer inspire them to do just that. If we do that well, protection issues associated with legal informa- clinical legal education will have an even greater tion, advice, and advocacy services provided by impact on promoting social justice than if we non-lawyers. Some examples of how these issues handle more cases. And to that, we must all be might be addressed include: both effective teachers and effective doers.235 • interpreting recent amendments to the Legal Profession Act, specifically the While many of the advantages discussed focus definition of “law firm” to include any other primarily on the advantages to be gained by the joint arrangement to provide legal services, students working in the centre, student-led clinics to include community-based organizations are also not without their challenges. One of the that provide legal information, advice and/ key issues to consider from a consumer perspective or advocacy services; is continuity of service. The needs of individuals • actively regulating paralegals under the struggling with legal problems will rarely be or- Legal Profession Act; and ganized around an academic semester system with breaks for an exam period and summer holidays. • implementing a voluntary code of It is also worth asking whether a student clinic standards for unregulated service is the most cost-effective way of providing a core providers. service like legal representation. A more cost-ef- Any steps taken to protect consumers should ficient model would likely be a combination of not be used to stifle innovative service delivery

56 canadian centre for policy alternatives — MANITOBA that improves access to justice for the people including websites, interactive resources, smart who need it most. forms, e-filing, social media tools and online learning tools.238 Using Technology to Improve Access to The remainder of this section identifies -ex Justice amples from other Canadian jurisdictions or Accessible and affordable technology could have within Manitoba of technological improvements a significant impact on access to justice, particu- or using technology to improve access to justice. larly for persons living in poverty and people living in remote communities. The idea of using technology to improve and enhance access Examples from Manitoba to justice is not new and has been the subject of Improving Internet and Phone Service in study and academic writing. In his 2016 article, Manitoba author Darin Thompson envisions an “artificial Between May and August 2016, Bell/MTS an- intelligence-based system” and online dispute nounced a number of plans to improve internet 236 resolution to create a new pathway to justice. and cell phone service around the province. In The author expressly notes that: particular: Technology holds the potential to open up • in May, Bell/MTS announced plans to justice to new actors and competitors who do improve wireless coverage along Highway not come from the traditional institutional #75 from Winnipeg to the US border framework. While justice providers may to address gaps in services. Currently continue to resist such changes, users who residents living along stretches of the are more concerned with affordability and highway have limited wireless coverage, access will welcome them. Cassandra Burke for example between Ste. Agathe and 239 Robertson contends that individuals with Morris; unmet legal needs may actually drive the • in July, Bell/MTS announced plans to coming disruptions to legal practice brought expand mobile and broadband service about by new technologies. Whether or not in Northern Manitoba, including new or future innovations are top-down or user-driven, enhanced wireless and broadband services the proposals contained in this article accept for the five Indigenous communities of that technology has a critical role to play in Easterville, Gods Lake Narrows, Gods enhancing access to justice.237 River, Grand Rapids and Red Sucker Lake, and network improvements in the city of Access to justice initiatives in the U.S. can be Flin Flon;240 and looked to as examples of how governments can take the lead in promoting and funding the use • in August, Bell/MTS announced plans to of technology to deliver legal services to per- expand wireless service in and around the sons living in poverty. The federal government’s western Manitoba community of Glenboro Technology Initiative Grant program has pro- and to expand broadband communications vided over $40 million to courts, legal services infrastructure in the town of Churchill to 241 agencies, and non-profit organizations to de- enhance connectivity in the community. velop and implement technologies that will en- When these improvements to internet and cell hance access to justice. Legal aid providers in phone service are implemented, they could cer- the U.S. have also adopted many measures to tainly be used to enhance and improve access to assist people with limited access to the courts, justice in rural and remote areas of the province.

Justice starts here: A one-stop shop approach to justice in Manitoba 57 Legal Aid Manitoba’s Online Application the pilot project, it could also create a database LAM has found ways to use technology to make of responses for live chat that could be used to its application process more efficient and acces- respond to email inquiries. sible. It is developing an online version of the application form so that applications can be taken The 211 Manitoba Website by other service providers, for instance the LHC The United Way’s new Manitoba 211 website is or A Woman’s Place, so that people coming to intended to connect people with the services these organizations for information or assis- they need closest to where they are. The Mani- tance no longer have to then go to LAM’s appli- toba 211 website is advertised as “a searchable cation centre to apply. As part of this new online online database of government, health, and so- application process, LAM will offer training to cial services that are available across the prov- service organizations to ensure applications are ince”. 243 Currently 211 Manitoba is only availa- completed properly so they can be processed in ble online and only available in English, but the a timely way.242 United Way’s goal is to ultimately include phone, During the interview for this report, the text and chat capacity and expand to bilingual representatives from LAM indicated that if the service and service in other languages.244 “Legal technology were available, they would be able Issues” is one of the searchable categories, how- to provide better service to people living in ru- ever a number of services listed do not have any ral and remote areas, and in particular, First readily apparent connections to the provision of Nations communities. They also shared other legal services. While there appears to be some creatives ways to improve access to justice and potential in an online tool like Manitoba 211, it existing technology that LAM is currently con- remains to be seen how effective Manitoba 211 sidering. LAM would like to “piggyback” family will be in connecting people with the services services onto the criminal services it currently they need. provides in rural and remote communities. On days when the court is sitting in a specific community to hear criminal matters, it might be Examples From Other Canadian possible to also schedule family court matters Jurisdictions on the same day. In addition, if a community has Recommendations by the Action the proper infrastructure and capability, LAM Committee to the Access to Justice Working would be able to set up a “virtual office” so peo- Group ple could meet with their lawyers or take appli- In its 2012 report, the Action Committee looked cations electronically. at the benefits of web-based legal information and telephone access to legal advice or referrals. CLEAs Live Chat Pilot Project It also made a number of recommendations to CLEA is in the process of obtaining funding to the national Working Group on Access to Le- launch a legal information live chat pilot project. gal Services.245 Currently CLEA receives an increasing number The Action Committee’s report identifies -in of email requests for legal information. Given novative work that has been done to reduce bar- the time delay in processing and responding riers to accessing web-based information by peo- to email requests, CLEA wants to experiment ple with low literacy skills, people with mental or with a live chat program to see if it would be a cognitive disabilities, people who live in remote better way of providing legal information dur- communities, and people who do not read or ing certain times of the day. If CLEA can launch speak one of Canada’s official languages. Those

58 canadian centre for policy alternatives — MANITOBA innovations include the use of videos and mak- British Columbia’s Civil Resolution ing information available in different languages Tribunal and formats. The Action Committee also made British Columbia’s Civil Resolution Tribunal the following recommendation in that regard: (BC-CRT) is an online tribunal in Canada that resolves strata housing249 and, in the future, Create a national justice internet portal to small claims disputes. Examples of the types of simplify and coordinate access to justice disputes that can be handled by the BC-CRT are information. Such a national justice website disputes about non-payment of monthly strata should be the responsibility of key stakeholders fees, unfair or random enforcement of strata by- but be run and managed independently and laws, irregularities in the way strata meetings sufficiently flexible to allow each province and are held, and issues about common property.250 territory to determine what organization should According to its website, the BC-CRT: take the lead. The portal should also be able to reach communities that face specific barriers to ... offers new ways to resolve your legal issues accessing justice, for instance Aboriginal and in a timely and cost-effective manner. TheCRT newcomers.246 encourages a collaborative, problem-solving approach to dispute resolution, rather than The Action Committee found that telephone and the traditional courtroom model. The CRT internet-based services are efficient and effective aims to provide timely access to justice, built means of supplementing basic legal information, around your life and your needs. It does this by particularly for people who do not qualify for le- providing legal information, self-help tools, and gal aid but cannot afford a lawyer. Its report noted dispute resolution services to help solve your that web-based assistance programs give the pub- problems, as early as possible. lic an opportunity to ask questions online about their specific legal problem online and service You can use the CRT 24 hours a day, seven days can be provided in real time, or those in need a week, from a computer or mobile device that can request information by email at any time of has an internet connection. Your interaction the day or night.247 The Action Committee made with the other participant and/or the CRT can 251 the following recommendations in that regard: be done when it is convenient for you. • Web-based legal information should be The BC-CRT provides people with strata disputes supported and supplemented by a variety (and in the future small claims disputes) with of interactive services to provide additional plain language legal information and a range of information, referral and assistance; and dispute resolution that include negotiation, me- • Priority should be given to increasing the diation, and adjudication. BC-CRT facilitators availability of telephone and internet-based will work with the parties to reach an agreement legal information and advice systems.248 to their dispute.252

Justice starts here: A one-stop shop approach to justice in Manitoba 59 Part IV — A “One-Stop Shop” For Legal Services In Manitoba

Part IV examines a “one-stop shop” model for a single, high profile point of entry and greater legal service provision to improve access to jus- coordination among previously fragmented ser- tice in Manitoba. The potential benefits of a vice providers.253 one-stop shop are considered not only from the A range of configurations are possible within perspectives of institutional stakeholders and a one-stop shop model, with variations in the de- service providers, but also from the communi- gree of organizational integration between exist- ties they serve. ing service providers. At one end of the spectrum, Bringing this frontline perspective forward several existing service providers are co-located is intended to inform discussions about creating at a single site while remaining relatively auton- better access to justice for people in Manitoba omous from one another. At the other end, sev- living in marginalized communities or situa- eral existing service providers are merged into tions of disadvantage. a single entity with a shared governance struc- In this part, specific themes are explored, ture, budget, staff, and resources. namely location and geography; people-centred A “hub and spoke” model of service delivery and holistic service delivery; economies of scale; entails the creation of one central venue with and coordination and collaboration. various services located under one roof to act as the “hub,” and a series of connected satellite sites or “spokes.” The potential for satellite services to What Is a “One-Stop Shop”? be effective is greatest at locations where people The concept of a “one-stop shop” entails the pro- already access some form of help, whether it be vision of a comprehensive or full range of ser- legal, social, material, nutritional, or spiritual vices at a single location. The model purportedly services. In addition, points of contact with the offers several advantages both from a consumer, justice system such as court workers also provide citizen, or public point of view and from the per- opportunities for satellite services, depending on spective of service providers, funders, and govern- the practical feasibility of partnerships between ment. The main objectives of a one-stop shop are community agencies and the government. Lastly, to deliver services in a “seamless” fashion, with law students could be used to expand satellite

60 canadian centre for policy alternatives — MANITOBA services and the supervisory and training func- ing to such things as child and family services tions would remain at the central facility. or consent issues. This report examines both the benefits and The intake process is usually initiated by a the challenges of creating a one-stop shop from nurse and then the intake social worker or oc- the perspective of community-based legal and cupational therapist gathers additional informa- social services and the people they serve. tion to determine what kind of team should be assembled, for instance a doctor/nurse or a doctor/nurse/social worker/outreach worker/occu- One-Stop Shops In Manitoba and Other pational therapist. Nine Circles also has a triage Jurisdictions nurse to deal with people as they come into the Nine Circles Community Health Centre office, including people who often do not keep The Nine Circles Community Health Centre scheduled appointments. People living in remote (Nine Circles) is located on Broadway in Win- First Nations communities who are flown in to nipeg and works in partnership with the Health Winnipeg for an appointment with a specialist Sciences Centre. Although it provides prima- at Nine Circles often take that opportunity to ry care and support in general, it specializes also see other service providers, for instance a in primary care and support to persons living doctor or social worker. with HIV, Hepatitis C and STD/Is. Most of Nine Nine Circles has a number of outreach initia- Circles’ funding comes from the Winnipeg Re- tives that either raise awareness about its services gional Health Authority and some comes from or increase the effectiveness of services provided Manitoba Health. by other organizations, namely: In the late 1990s, four federally-funded AIDS • sending an annual mail out to doctors/ service organizations decided to merge and create nurses/nursing stations; Nine Circles after consulting with people living • publishing an annual report; with HIV/AIDS, stakeholders, and funders. In- • training health and social service providers; formal discussions about merging were initiated by the executive directors of each organization. • developing and maintaining partnerships One of the main drivers of the merge was a lack with community organizations working of permanent, stable funding from the federal with high risk populations and government government to each organization. health authorities; Nine Circles’ hub is in Winnipeg and the or- • making internal referrals, for instance ganization is developing linkage points in Bran- from the STI clinic to primary care don and Thompson. It has 55 full- and part-time providers, and making referrals to other employees and relies on volunteers for its food community agencies; bank and support groups. Nine Circles also part- • doing testing for other organizations if ners with other primary health care providers they do not have the capacity; and connects people to the services they need. • having its outreach worker follow up Nine Circles accepts referrals from other agen- with certain individuals as a support and cies and from their own internal programs. If resource; their services are not suitable for the person, they will make a referral to another agency. The • providing food bank, drop in, and harm Nine Circles representative interviewed said that reduction programs; a major challenge is finding lawyers to which they • having its social workers do tenant and can refer people dealing with legal issues relat- welfare advocacy; and

Justice starts here: A one-stop shop approach to justice in Manitoba 61 • using the HIV/AIDS Legal Network as a Sheldon Kennedy Child Advocacy Centre source of legal information. The Sheldon Kennedy Child Advocacy Centre Nine Circles’ partnerships have resulted in con- (“CAC”) brought together organizations in Cal- crete changes that increase the likelihood that gary that focus on investigating child abuse alle- people will be able to access the services they gations, treatment, case management, and victim need. For example, in the past if Winnipeg pub- services for children and families that experience lic health services or the First Nations and Inuit child abuse. It came into existence through the Health Branch could not locate a person who efforts of Sheldon Kennedy and Calgary’s police tested positive to refer them to Nine Circles, chief, who met with key leaders from Child and they would close their file. Now those depart- Family Services, the Children’s Hospital and ments continue to try to locate the person and Crown prosecutors. A Memorandum of Under- will not close their file until Nine Circles has standing was signed by the core partners, who met with them. then developed protocols about such things as When asked about the key to developing sharing information and triage. The CAC’s Board successful partnerships, the Nine Circles rep- of Directors consists of representatives from its resentative said: core partners, representatives from corporate sponsors, the Grand Chief of the Treaty #7 First ... just because you work in a similar area, it Nations, lawyers, philanthropists, and commu- doesn’t make you a partner. Sometimes you nity members. The CAC’s funding comes from don’t need to partner. You know if you’re federal, provincial, and municipal grants, and doing good work and they’re doing good donations from other organizations, corpora- work, it’s good to share communication back tions, and the public. and forth and that’s good enough.... we’ve TheCAC takes up an entire floor of a building spent a lot of time in the early days trying to located across the street from the Children’s Hos- force these partnerships... and it was really pital. It consists of child abuse detectives from the about better communication rather than a Calgary Police Service, one RCMP member, child partnership on anything specific.... I think and family services assessors and case workers, we’ve certainly learned to not try to create a a treatment team of psychologists, social work- 12-page terms of reference or MOU for every ers and family therapists from Alberta Health, partnership we have but to be very very clear pediatricians, public health nurses that provide and document the stuff that’s important.... newborn and prenatal care, and about 10 staff But really about our key in terms of how we members and a program evaluator who tracks would define a partner is, we’ve agreed to cases and looks at outcome measures. Crown speak positively about each other in public, prosecutors work in partnership with the CAC speak directly to each other if there are issues but their offices are not located in the building. or conflicts or problems that we’re having... The building in which the CAC is located is a and always to identify what is the way that child developmental centre so it also has access there will be communication and make sure to psychiatry, developmental clinics, and pedia- that that’s always named and clear both at an tricians. The CAC also relies on volunteers that administrative level and then at the service/ help with child minding, orientations, events, delivery model level. and victim advocacy. A typical day at the CAC starts with repre- ... We don’t try to force it. We focus our partner- sentatives from the core organizations meeting ship development really on our strategic plans. to review cases that came in over the past 24

62 canadian centre for policy alternatives — MANITOBA hours. Any new information is brought forward and its staff members take responsibility for en- to speed up the decision-making process and the sure people are communicating with one another. group decides who will take the lead on a case, what that will look like, and what is involved. Calgary Legal Guidance The CAC representative said that: Calgary Legal Guidance (CLG) is a one-stop le- ... we are doing SROI [Social Return on gal shop that provides free legal assistance, in- Investment] reviews with KPMG and we’re formation and advocacy to persons living with already seeing really good outcomes on what low incomes. In addition, CLG offers the follow- we’re saving just in kind of big stallers because ing programs: people don’t have to spend three weeks trying to • Family Law Program — this program connect with each other physically, they’re right provides information and advice about such across the aisle from each other. Families don’t things as guardianship, custody and access, travel throughout the city. The notion of a one- child and spousal support, property division, stop shop is a very powerful one and so a lot of child protection, and protection orders; work has been to impress upon the government • Do Your Own Divorce Program — this that if they invest in this it’s to their benefit too. program offers information about the divorce process and is available to eligible TheCAC has implemented, or is planning to im- people who have already settled issues plement, the following outreach initiatives to try relating to child support, property, and to eliminate or reduce barriers to accessing ser- debts and only require a divorce; vices outside of Calgary: • It has signed an agreement with the Treaty • Homeless Outreach Program — this #7 First Nations in southern Alberta to program provides information and advice consult and provide guidance to ensure about legal matters relevant to people the services needed to support families are who are homeless or at risk of becoming accessible within or close to the community; homeless, for example landlord and tenant issues, leases/renting, evictions, criminal • It has an agreement with the Children’s charges, and abuse/family violence; Hospital that CAC will respond to child abuse cases in southern Alberta; and • Immigration Law Program — this program assists people with such things as making • It wants to develop satellite offices in a refugee protection claim, preparing and Lethbridge and Red Deer to provide filing applications for permanent residence, services in rural areas. family sponsorships, and applying for a The CAC representative had past experiences work permit. It also offers legal advice at with an unsuccessful attempt to create a one- various outreach clinics; stop shop with only non-profit organizations. The • Social Benefits Advocacy Program — this representative said the CAC arose out of different program provides information, advice, circumstances and has worked relatively well be- guidance, advocacy, referrals, and cause government agencies are involved and it had representation relating to federal and strong champions behind it. The CAC was created provincial government assistance in response to a couple of particularly bad child programs and services; and abuse cases that revealed a lack of communication and coordination. The CAC has developed • Elder Law Program — this program a culture of communication and accountability helps older people understand their

Justice starts here: A one-stop shop approach to justice in Manitoba 63 legal rights and provides information intended to replace Legal Aid and ideally Legal and support regarding enduring powers Aid would provide these services if it had suf- of attorney, estate administration, wills ficient resources. and estate planning, adult guardianship Access Pro Bono’s legal advice line receives and trusteeship, and elder abuse. It also about 100–150 calls per day. The intake staff offers public legal education presentations person and volunteers handle all the calls and to organizations, agencies, and seniors schedule 30-minute legal advice appointments groups.254 in all areas of law. There is usually a waiting time The programs thatCLG offers have a social work- of up to three weeks for an appointment to meet er or student service worker attached that help with a lawyer. The legal advice service is provided people deal with non-legal issues and to provide across the province and if the person is outside support. CLG gets about 100 intakes a day and of the Vancouver area, a local community ser- many are resolved by referrals to other agencies vice agency provides a meeting room where the or organizations. Its staff and volunteers spend volunteer lawyer will meet with 4–5 people on about 30–40 minutes on each intake and will ei- any given day. The volunteer lawyers providing ther refer the person elsewhere, register them for legal advice complete a clinic advice form that a legal clinic or make an appointment for them contains a list of service providers to which they to see a lawyer or advocate. may refer the person. The CLG representative said their partner- With respect to legal representation, Access ships have resulted in “huge benefits” and they Pro Bono maintains a roster of lawyers that can continue to look for new partnerships and pro- represent people in certain areas of law, namely grams. For example, the representative is cur- family, tax, immigration, judicial review of ad- rently looking to partner with one or more In- ministrative decisions, wills, and representation digenous communities or organizations wanting agreements. Except for the mental health pro- to develop a legal service where CLG would program, law students only perform support staff vide administrative support. duties and do not provide legal advice or representation. The representative interviewed said Access Pro Bono that many young lawyers are keen to volunteer Vancouver’s Access Pro Bono is a legal one-stop to get experience. shop created after the merger of Access Justice, Access Pro Bono would like to open regional which provided legal advice services, and Pro offices on Vancouver Island and in the interior, Bono Law BC, which provided pro bono legal but they do not have sufficient funding. representation. It relies primarily on pro bono lawyers and volunteers and has seven full-time Aboriginal Legal Services employees, including the Executive Director, the Aboriginal Legal Services is in downtown To- legal advice clinic coordinator, the head of the ronto and was created in 1990 after a needs as- legal representation program, and staff members sessment. It focuses on providing a multitude of responsible for intake, accounting, and IT sup- services to Indigenous peoples. It is comprised of port. Access Pro Bono’s funding comes from the two separate corporations but it functions with Law Foundation of British Columbia and from one board of directors. It currently has over 40 grants and donations. Its financial eligibility staff and offers the following programs: criteria are slightly higher than those of British • Legal advocacy — lawyers, articling students, Columbia’s Legal Aid plan. The representative and paralegals represent people primarily interviewed said that Access Pro Bono is not with respect to poverty law matters;

64 canadian centre for policy alternatives — MANITOBA • Community council — this is an alternative agreement among the institutional stakeholders, justice program that uses volunteers; service providers, and focus group participants • Keewatin-Annon — this is an alternative that in general, a one-stop legal shop is a good dispute resolution program for child idea. However, once the concept of a one-stop welfare matters; and shop was explored in greater depth, interviewees and focus group participants expressed varying • Gladue program — 20 staff members in perspectives on how a legal one-stop shop would this program prepare Gladue reports. operate in practice. This section examines those Each of the above programs has its own intake perspectives regarding the benefits of a one-stop process and court workers act as gatekeepers. Ab- shop and specific issues that would likely arise if original Legal Services has created some specific a one-stop shop is created. It concludes by noting partnerships, for instance with addiction service that some service providers believe that rather agencies and a housing organization, but mostly than creating a one-stop shop, it might be more it has developed a number of informal and ef- beneficial and effective to create more partner- fective working relationships. ships and working relationships to ensure peo- The Aboriginal Legal Services representa- ple receive the services they need. tive interviewed highlighted the importance of Indigenous agencies and that: The Benefits of a One-Stop Shop ... Ontario has a good set of community legal The institutional stakeholders and service pro- clinics and Toronto has a good set of legal viders agreed that a greater coordination of clinics, but they weren’t able to meet the needs services is beneficial. The most commonly cit- of our clients at all, so that is why we set the ed benefits of a one-stop shop identified by re- clinics up. Our experience, when we did the spondents are that having service providers in initial research was, our clients were not going one location or near one another is more con- to community legal clinics even if they were in venient and less confusing for people trying to their neighbourhoods. They didn’t go there... access services. As noted by the Aboriginal Legal they didn’t feel unwelcome but they didn’t feel Services representative, “The fewer steps people welcome. It is very important for most of our have to take, the better.” The ThompsonYWCA clients at Aboriginal Legal Services to be served representative succinctly captured the benefits by an Aboriginal agency. Almost all our staff, of a one-stop in that: but not all our staff, are Aboriginal. It is not so much the staff person but it is that it is an Nothing is more frustrating than going Aboriginal agency. So, trying to work with other somewhere and ‘oh sorry you don’t meet my non-Aboriginal agency service providers to mandate, go so and so, go there and then they provide services is generally not something we go there, oh you don’t meet our mandate’ and have found particularly useful. then you go there and by the time they get to the third place you don’t ask, [you think] I’m not going to bother. Examining a Legal One-Stop Shop Model for Better Access to Justice in Manitoba Other specific benefits of a one-stop shop iden- Institutional stakeholders, service providers, and tified by respondents included the following: focus groups were asked to give their thoughts • it might help reduce the number of appeals on a legal one-stop shop for better access to jus- that do not have merit because people tice in Manitoba. There was virtually unanimous would receive correct information about

Justice starts here: A one-stop shop approach to justice in Manitoba 65 program rules and what administrative not just addressing domestic violence but tribunals are able to do;255 looking at what else is involved here.... For • for those appeals that do have merit, example, we bring a lot of Elders in. Having it might help to improve the quality of that multicultural component, I think, under evidence presented to the administrative one roof is extremely important. And having tribunal;256 the various services accessible for women and children is so important. Some of these women • it might assist people to access in my experience, Child and Family might say, psychological services;257 and or their lawyer might say, “You need to take • it saves transportation costs for people in anger management. You need to take parenting. 258 need of the services. You need to take Healthy Relationships. You Some service providers specifically comment- need to get therapy. Your child needs to get ed on the benefits of combining legal and social counselling.” And she’s told she needs to do this services in a one-stop shop because often people by her court date.... And she’s running around are dealing with interrelated issues or more than all over the city and she’s ragged and she fails.... one issue. The John Howard Society representa- It can be really, really beneficial to the women to tive noted that adding legal services to a one-stop have everything under one roof. So, a lot of our shop would be beneficial if it meant that people clients, their children are seeing the children’s would not have to go to LAM to complete an ap- counsellor, for example. She’s using the lawyer... plication.259 TheUCN representative said that com- she’s also accessing the support services. The bining legal and social services together would support services are ensuring she’s getting to help to break down silos and “might create those court on time, ensuring there’s food in her opportunities for professionals to look at people home. All of those things tied together. more holistically.” The LSM representative said: The CUHC representative described a one-stop I think from the Law Society’s perspective, we shop to improve access to justice as being: would certainly welcome a one-stop shop that ... a central facility that would house a number would provide a range of services; through of collateral organizations which either lawyers, through non-lawyers, through students, provide legal services... to primarily the same through social workers... take a holistic constituency groups, so that’s people in poverty, approach to what that might be... low income, working poor, low-middle income. Some service providers described their vision of And that potentially houses organizations as what a one-stop shop looks like. For example, the well that address other particular needs. So that representative from A Woman’s Place described mental health component is important. a one-stop shop as being “a safe place where all TheWCWRC representative commented specifi- needs can be met” and should include mental cally on what a legal one-stop shop should look health, addictions, legal and support services. like and noted that: Using its organization’s “holistic approach” to People are nervous talking to a lawyer, they’re providing services people as an example, the scared of people judging them or they’re scared representative said: of what they don’t know or what they’re going It’s looking at the mind, body, and spirit. to find out when they get there.... they feel really I think it’s looking at every aspect of the uncomfortable with the power dynamics of the family. It’s looking at multiple issues and system so if you’re going to do a one-stop shop

66 canadian centre for policy alternatives — MANITOBA I think you have to very intentional about the satellite offices. That organization’s philosophy design of the building, the design of the offices, is to “start where the client is at, not where we the design of the reception so that it doesn’t want her to be at” and: exude we’re a powerful system... it can’t get so big ... we are all about the clients not having to run that it’s intimidating to come in and ask for help. around all over. We are about meeting their So, people are more likely to ask for legal help, needs, not them meeting ours and I think that’s for example, from an agency that doesn’t look why it’s been successful. scary or too business-like... it needs to have that community feel to it a little bit if you’re trying The Chief Justice of the Manitoba Court of Queen’s to increase access to justice, it needs to not be Bench noted two aspects to consider when con- imposing. templating a one-stop shop. The first is whether it would assist in encouraging and helping peo- Some service providers self-identify as a one- ple get involved in the system in the way they stop shop in their area of service. Specifically, the need to be and the second is whether it would CAO describes itself as a one-stop shop because help reduce the number of self-represented in- it specifically assists people before theAICAC . dividuals. The CMHA Winnipeg representative TheRTB says it is a one-stop shop for residential said that planning a one-stop shop should start tenancies issues. WCWRC considers itself a one- from the perspective of service users and: stop shop in the sense that it offers a diverse array I think that there’s a lot of work that goes into it of programs and people who come to its office and developing true collaborations is really an can get information on such things as housing, art in many ways. I think for the service user, social assistance. The Welcome Place says it is it’s always better if you don’t need to be running a one-stop shop to the extent that it meets the around to this place from that place... so if you settlement needs of refugees and has a central- can plan services from the point of view of the ized intake process. CLEA describes itself as a service user, that’s a good place to start. one-stop shop to the extent that all the services it provides, including programs, legal informa- And then building one-stop shops that... start tion, summary advice, lawyer referrals, publi- too with those that are most disadvantaged. So cations, and training courses, are designed to maybe a one-stop shop needs to happen in the support each other. IRLC considers itself a one- core, in the North End, as a starting point. And stop shop because it encompasses multiple dis- then you build upon it there. abilities and works with multiple communities, it has its own intake process and it disseminates Many respondents identified considerations they information. The ILRC representative noted the believe should be accounted for when planning to importance of multidisciplinary teams to its or- create a one-stop shop, including the following: ganization and that: • There must be coordination to ensure the one-stop shop includes the right We have independent living consultants, organizations and the right types of independent living attendants, we have case resources;260 coordinators and case managers and everybody • Services must be delivered on an equal works together on the same issue. Oh absolutely, basis, for example it would not be it’s very important that you have that. appropriate to offer services to tenants The Woman’s Place is an example of a “hub and appearing before the RTB or RTC but not to spoke” model of service delivery in that it has six landlords;261

Justice starts here: A one-stop shop approach to justice in Manitoba 67 • Confidentiality issues should be considered have different eligibility requirements, not eve- when combining legal and non-legal ryone might be able to access the services in the services. For example, social workers are one-stop shop.273 Lastly, a one-stop shop does required to disclose allegations of child not necessarily eliminate service gaps because abuse while lawyers are under professional services are usually designed for a specific group obligations relating to solicitor/client and people who need the same service but do not privilege;262 belong to that group are excluded.274 • It should be designed to make people feel All the focus groups agreed that a one-stop comfortable and should not be in a big shop is a good idea and would be helpful so peo- “government-looking building” that makes ple would not have to go to different locations. people feel intimidated;263 TheNCN focus group also said a one-stop shop would be beneficial because it would connect • There needs to be proper marketing to service providers and avoid duplicating services. reach out to the people the one-stop shop Like the institutional stakeholders and ser- wants to serve;264 vice providers, the focus groups identified sev- • Service providers at a one-stop shop should eral issues that should be taken into considera- know about all the various administrative tion when creating a one-stop shop. In particular: tribunals and how to navigate their appeal • the service providers should share the 265 processes; same vision and standards;275 • The one-stop shop should be in a • the services offered should be specialized 266 convenient location transportation-wise; because if the one-stop shop does a little • A legal one-stop shop should include com- bit of everything, it might not be good at munity advocates and not just lawyers;267 anything;276 • A one-stop shop should support personal • transportation issues that might be wellness and include both a recreation or experienced by users of the services should health component;268 be addressed;277 • In addition to providing services, a one-stop • the location of the one-stop shop is shop should do community outreach;269 important, for instance whether it should • It should include a continuum of services be in a big mall or a more accessible strip 278 that complement one another;270 and mall; and • Creating a one-stop shop might result • resources should be pulled together for the 279 in the loss of the uniqueness of certain family. organizations that provide useful and The focus groups also identified the following specific services.271 services that ought to be offered in a one- Some service providers expressed concerns about stop shop: a one-stop shop either because it might not be • Legal Aid;280 done properly or because it might not be able • Counselling and psychological services, to meet people’s needs. For example, if it can- 281 including for children and teenagers; not provide sufficient services, a one-stop shop might end up just being another entity where • Interpreter services for new Canadians and 282 people go only to be referred somewhere else.272 indigenous people; In addition, since often programs and services • Daycare services;283

68 canadian centre for policy alternatives — MANITOBA • Health care services;284 does not support “trying to merge everybody • Job search resources;285 into a single, super agency” and said it would be better “to have all these agencies doing what • Support workers;286 they do best and working with each other.” Sim- 287 • EIA; ilarly, the FLAC representative said that rather • Parole officers;288 than merging organizations, it would be more • A place to pay tickets;289 and practical for them to work together collabora- tively by sharing resources. In keeping with a • Consumer rights issues, for instance predilection towards smaller, and presumably challenging cheque-cashing fees.290 more nimble grassroots organizations, Jim Sil- ver writes about the emergence of community- Specific Issues Relating to the Creation of a based organizations as a ‘bottom-up’ form of de- One-Stop Shop velopment in response to spatially concentrated racialized poverty: The institutional stakeholders and service providers were asked specific questions about issues This form of development, or of community or areas of concern that might arise when creat- development, has manifested itself in a ing a one-stop shop, namely whether: multiplicity of relatively small community-based • it would involve merging existing organizations (CBOs). These CBOS, together with organizations; the highly skilled inner-city people who are their • the services should be co-located in the leaders, constitute an essential “infrastructure” same building; for fighting spatially concentrated racialized poverty. TheseCBO s are, for the most part, • there should be a single point of entry for creative and innovative. They have maintained a intake/triage/referrals; form of operation that keeps them in close touch • there should be a single website or unified with inner-city people. These skilled, creative online presence; CBOs, and the people who lead and work in • economies of scale291 would be a benefit; and them, are the living embodiment of the phrase 293 • it would be better to develop strategic “passion for action.” partnerships rather than creating a one- Other concerns expressed about merging exist- stop shop. ing organizations into one organization were: • how it could be done since the existing Merging Existing Organizations organizations serve different people and Nine Circles and Access Pro Bono are exam- might have a different board structure;294 ples of one-stop shops created by the merger of • it could result in a loss of overall funding;295 existing service providers. As merging existing and organizations would likely be a consideration if 296 a one-stop shop is created, institutional stake- • it could result in a loss of expertise. holders and service providers were asked to give The concerns expressed by some institutional their thoughts on the issue. stakeholders and service providers are likely typi- Some respondents expressed concerns that cal when a merge is contemplated and they were merging organizations might result in creating a encountered when Nine Circles was created. The larger bureaucracy and that “bigger is not always Nine Circles representative said there was ten- better.” 292 The Winnipeg Harvest representative sion prior to the merger in that staff were wor-

Justice starts here: A one-stop shop approach to justice in Manitoba 69 ried about what would happen to their jobs and Based on years of management experience, the there were concerns about loss of funding. Those CLG representative said that merging existing worries and concerns did not materialize as no organizations into one can be a good idea, but it employees lost their jobs and the overall amount is very difficult to do. To be successful: of funding the four organizations received prior ... you have to have somebody willing to say, to the merge did not change. However, some ad- we don’t care about our brand, we care about justments were made with respect to how staff serving the community. I’ve done it before, in did their jobs, for instance social workers used to limited ways, and the focus groups that we did working on their own now had to work together with the staff and with the agencies were just as a team. The Nine Circles representative said coming back to who are we here for, we are that merging staff was beneficial, because hav- here for the client.... It is because we are here ing a team of social workers meant they could for the client and it makes no sense for three cover for one another if they were away and they of us to have boards, and three of us to have had flexibility in terms of meeting people out- administration, and three of us to have all that side of the office. overhead. We can all talk to each other and The Nine Circles representative explained make it work. So, I’ve been able to pull three how their transition process was designed to agencies together in one, but that is the biggest make the merger as successful as possible. Dur- I’ve ever been able to do. And it took about a ing the transition, an interim board was created year and a half to do it. So, I would say if you and an independent facilitator helped the man- find that some people have very similar missions agement team determine the mission of the new and visions then you might be able to get them organization and develop common goals and together. understandings. In addition, an interim executive director was hired to develop a management Co-Locating Services Under One Roof team structure and it was agreed that the execu- Whether services should be co-located in a single tive directors of the four existing organizations site or near to one another is a key question when would not apply to become the executive direc- considering the creation of a one-stop shop. As tor of Nine Circles. The transition process took noted by the CMHA Winnipeg representative: about 18 months in total but did not impact the services provided by the individual organizations. ... it’s really hard to put people together to co- The Nine Circles representative noted: locate if you don’t focus on what you do together and why we’re here together. If you’re just ... They knew it was going to be difficult, the fact sharing space, it really is going to be about just that the federal government and the provincial sharing space.... So, if the goal of this paper and government at the time offered some resources project is to look at... what leads to a successful to help make that happen made a huge difference one-stop shop, like really peeling back what because if we hadn’t have had those, I don’t it is, and it’s going to be relationships and think we’d have gotten here because there’s understanding how processes need to change if a lot of work and a lot of time and having you’re going to improve access, not just sharing an independent facilitator bring those folks a roof. together and help them work through those difficulties.... the people we used were facilitators An example of co-location in Winnipeg was the and planners but mostly they had really strong Independent Advisory Program, and is now the conflict resolution mediation skills... partnership between RTB and LAM. It is a sepa-

70 canadian centre for policy alternatives — MANITOBA rate entity but shares space with the RTB out of sharing space with another organization.... convenience and so as not to create additional Because people might be reluctant to come barriers by requiring people who need assis- here... it is very important for our clients, and tance with residential tenancies matters to go many of them are concerned that people are elsewhere. An example of services within close going to know that they came here. So, I think proximity is the CAO, which is conveniently lo- that needs to be looked at more closely than cated close to both MPI’s mediation office and it would with two social services agencies, for the appeal tribunal. example. Some respondents agreed that co-locating The representative from A Woman’s Place is op- services under one roof is generally a good idea. posed to the idea of co-locating agencies and a For example, the FLAC representative said that centralized intake process because: physical co-location of at least certain core services is ideal because people are not told at one ... I’m very pro-community and I think when place that they must go somewhere else. Others you have one centralized location you lose said the advantage of co-location is that people that community spirit. So, then you have these can resolve interrelated social and legal issues in people that are under one roof and they may a much timelier way.297 The CUHC representative start off as a grass roots organization and then sees a one-stop shop as a means of developing you have that centralized intake process and relationships and that: that whole thing that’s centralized and the next thing you know, it becomes, as I said, Plexiglass It’s often struck me that whatever you’re doing type of atmosphere. And I’ve seen that happen organizationally with clients, or in life, first and whether it’s Child and Family Services, whether foremost, is about developing relationships. it’s other levels of government and it’s not very Relationships with staff, and relationships with welcoming and women talk about the fact that physical space. So, it’s really important if we they don’t want to go back.... there shouldn’t have a client that’s come here three or four be just one community that receives services. or five times, seeing the same worker all the These services are needed... it needs to be spread time, they are going to be more comfortable out. And I know that resources are limited, coming here.... I think a one-stop shop has however if you want it to work it needs to be the opportunity to make people feel more and spread out... I’m not saying that you have 20 more comfortable in that physical space than if different locations all over the province. But they are seeing a variety of organizations and to have a few here and, you know, they are different staff in different spaces. accessible.

Some respondents identified disadvantages to Some respondents highlighted the lack of ser- co-location. For example, the representative vices in rural and remote areas as a key factor from Aboriginal Legal Services cautioned that when considering creating a one-stop shop. The a downside of co-locating legal and other ser- representative of A Women’s Place said: vice providers is “this perception that everybody The real gap is rural Manitoba. And not just knows what everybody is doing” and: northern Manitoba, rural Manitoba in general. ... for those people who are reticent to use So, Brandon, Manitoba for example. There’s services because they are afraid everyone is nothing out there.298 No woman should have going to know where they are going, and their to phone all the way to Winnipeg to get a legal business... it is probably good that we aren’t consult. And I’m not saying every community

Justice starts here: A one-stop shop approach to justice in Manitoba 71 should have a lawyer but certainly how’s the • the co-locating organizations should not woman in Brandon, for example, supposed to conflict with one another in terms of the come here and see a lawyer face to face. So, services they provide;300 there’s a huge gap for rural Manitoba. • the agencies involved should be like-minded 301 A respondent from the SSAB said that while an in terms of their missions and mandates; one-stop shop might be good in Winnipeg, it • physical co-location could be difficult if would not work in a rural area without adding issues about sharing resources are not a new complement of services that are not cur- worked out in advance;302 and rently offered in rural areas: • it might be difficult to find an affordable Because if it comes to like mental health issues and suitable location to co-locate agencies 303 you’re lucky if you get an appointment with one in Winnipeg. of the workers in six months, you know, and Many respondents noted that careful considera- there’s a lot of issues in the North that services tion should be given to which agencies would be are limited and there’s places where they don’t involved in a one-stop shop and it would not be even have a health facility or a nursing station appropriate to house certain agencies together. so that concept of one-stop shop won’t work... in For instance: the North because you don’t even have half the • aboriginal child welfare agencies should be services required. on their own;304

A critical question regarding a one-stop shop • a Child & Family Services office should not 305 is which agencies should be co-located at a sin- be near a child protection law office; gle site. The MHRB representative noted that • the WAO should not be in the same the larger an organization is, the more complex building as the WCAC;306 it can be to access services. The University of • the SSAB and EIA should not be co- Winnipeg representative said that the greater located;307 and the number of organizations involved, the more difficult it may be to coordinate and reflect core • government departments should not be 308 values. The representative fromCLG expressed part of a one-stop shop. a similar view and said: When considering a one-stop shop, it is helpful to look at past and current experiences with co- ... you can get really big really fast, which is location. An example of the positive aspects of expensive. It can get very expensive. People co-location is FACES, which is the name given are going to keep wanting to add, add, add to the co-location of the Mood Disorders As- because there is always a gap. So, it is finding sociation of Manitoba, the Anxiety Disorder that balance between having enough people on Association of Manitoba, and the Manitoba site and your connection to other professional Schizophrenia Society. These are independent and support agencies that you collaborate and organizations with independent boards but they coordinate with. share space and collaborate as much as possible. Some respondents identified specific considera- A representative from FACES said their organi- tions that should be considered when co-locating zations would not be able to deliver the services services. For example: they do if they were not co-located. Other advan- • agencies that are physically co-located tages of their co-location include cost savings, must be accessible;299 shared facilities, and the opportunity to discuss

72 canadian centre for policy alternatives — MANITOBA issues with each other. In addition, co-location to be effective. Recommendations made for an has helped the credibility of their organizations effective point of entry include the following: with respect to advocacy efforts and maximizes • It cannot be just a reception area for the their effectiveness. different organizations. Rather intake The challenges associated with co-locating staff should do an assessment of what the were discussed during the interview with the person needs and direct them to exactly representative from Nine Circles. Before merg- where they need to go;312 ing into Nine Circles, the four AIDS service or- • It is important that intake staff answer ganizations were co-located in the same build- questions in a sensitive way and help guide ing. Co-locating as four separate agencies was people to the right services;313 challenging because each agency had its own phi- • The intake service must be accessible and losophy and values. In addition, it was difficult staff must be well informed and ask the to make common decisions about such things as right questions;314 who was responsible for managing the entrance • Unless it is exceedingly well staffed, a and lobby areas and how to address safety issues. single point of entry could result in line Some respondents suggested a “hub and spoke” ups and wait times for people in need of model of service delivery. The RTB representa- assistance;315 and tive said services could be available at locations • The logistics of a single point of entry have other than a full branch office. The other loca- to be worked out in advance, for instance tions would be like a service centre that would which organization the intake staff work be able to at least give people information and for, how their salaries are paid, and who tell them where they need to go. they report to.316

Single Point of Entry for Intake/Triage/ One disadvantage of a single point of entry is Referrals that it takes the choice away from people to de- 317 If a one-stop shop were created, consideration cide if they want to deal with certain agencies. would likely be given to whether there should The CLG representative does not believe that a be a single point of entry for intake/triage/refer- single point of entry necessarily makes services rals. The selected one-stop shops, institutional more accessible and that: stakeholders, and service providers were there- The reality is, my experience is, people will go fore asked to comment on the advantages and/or wherever they are comfortable going. You can’t disadvantages of having a single point of entry. force them to go to one intake spot. You can Some institutional stakeholders and service make an intake process as simple as possible, by providers agreed that a single point of entry is saying if you call us we will try to help you go to a good idea. Reasons given were that a single the right place. Because when you call us you are point of entry ensures that no one falls through not just calling CLG, you are calling us and we 309 the cracks, individuals who have contact with can send you to Legal Aid, we can send you to multiple agencies would be better served if there Pro Bono Law, or we can send you to the women’s 310 was only one point of contact, and the advan- shelters. Or wherever else. But you don’t have to tage of a single intake process is that people do come to us to get access into the system. not have to tell their story repeatedly.311 While those respondents believe that in gen- Single Website And Unified Online Presence eral, a single point of entry is a good idea, they Related to a single point of entry is the issue of also believe that it must be done properly for it whether it would be beneficial for services pro-

Justice starts here: A one-stop shop approach to justice in Manitoba 73 viders to share a website and have a unified on- communications or IT staff person so sharing line presence. Some questioned the need for a those resources would be beneficial. single website — the LHC respondent said in The CUHC representative also said: their experience there is not a great demand Well there is the sharing of space — there are for a website and very few people access the or- costs associated with those things. We all have ganization through its website. They suggested maintenance contracts on our photocopiers, for that instead of a shared website, there could be example, which are costly but we all need our a smartphone application. TheLHC experience own photocopiers. We have underutilized space regarding its website stands in contrast to the in some instances or we don’t have enough CLEA experience, where they have gone from space for others. So, for those that don’t have 54,000 website visitors in 2012–2013 to over enough space it allows them the opportunity 223,000 visitors in 2016–17. to acquire more space. For those that have Some respondents agreed that a single web- underutilized space that can be shared with site is a good idea and others did not. TheFLAC other organizations. I think that in sharing staff representative agreed that a single website set- and resources to help do the kinds of things that ting out the available services is a good idea, but individually you might not have the capacity only if the information is accurate. Similarly, the to do... more outreach, more public education, CLEA representative questioned the need for a fundraising, strategic planning. unified website and noted that a unified website would have to be done well so it is easy to find One respondent cautioned that the economic and use, and includes all relevant resources. The benefits of a one-stop shop might not outweigh representative from Winnipeg Harvest does not the challenges and that cost saving should not support a shared website because its website is be a sufficient reason in and of itself to create a very specific to their target audiences. one-stop shop. The focus groups had similar views of a shared website and only one said they thought it was a Developing More Strategic Partnerships good idea. The focus groups noted that a website Rather than Creating a One-Stop Shop does not help people who cannot read or write, During their interviews, many of the legal and people who do not use a computer, or people who social service providers discussed their exist- do not speak English. They also noted that some ing partnerships with other organizations and people prefer to speak face to face with a person the working relationships they have developed so they can explain what they need. with one another to improve their services or to help link people with the services they need. Economies of Scale These collaborations take form ranging from A major challenge for existing legal service pro- informal discussions about common issues to viders in Manitoba is the gap between the de- formal partnerships created by a memorandum mand for services and the financial and human of understanding and are critical to developing resources available to meet the demand. For networks among service providers. For exam- example, insufficient funding to hire more staff ple, Winnipeg Harvest works in partnership is the single greatest challenge facing the LHC. with over 300 organizations in Manitoba and The respondents recognized the potential cost the ILRC works with about 200 different agen- savings benefits of a one-stop shop through econ- cies daily. LAM’s partnerships have allowed it to omies of scale. One noted that many non-profit expand its services to include MHRB and RTB organizations cannot afford to have a dedicated hearings and its partnership with A Woman’s

74 canadian centre for policy alternatives — MANITOBA Place has resulted in applications being pro- is required to develop and maintain a success- cessed in a timelier way.318 ful relationship or partnership. They noted that The Thompson YWCA representative high- partnerships can be challenging if the initial in- lighted the importance of partnerships and terests or directions of the organizations involved working relationships among service providers change over time, or there is a lack of understand- and said that: ing about the roles and mandates of the partner organizations. TheWCWRC representative said ... we service clients better when we’re a shared understanding and transparent, clear partnering and... one person can’t do everything communication is essential to any partnership. and so it’s about recognizing that and that it’s TheCLEA representative said that partnerships: not a competition, it’s about there’s enough service to go around... at the end of the day ... have to be a natural collaboration... you really the lens that we should be putting on can’t force the collaboration, there has to be anything is this of a benefit to the clientele that mutual trust, mutual respect, and there has to we’re servicing... and if everybody continues be something in it for both sides. The ones that to work in their silos that’s all you’ll ever do have worked out the best are the ones that have because strength comes in numbers and clients begun slowly, that you explore, you do some will draw that strength from and will benefit programming together, you might have a couple from organizations working together and of meetings and it expands from there, sort of a sharing information about clients... natural progression.

Many of the other service providers expressed The importance of partnerships in northern and similar sentiments. For example, the LHC rep- rural areas was highlighted by the representa- resentative said that collaboration can be time tive from the UCN. UCN has developed partner- consuming but is “time well spent” and “yields ships with larger educational institutions such real benefits in terms of our ability to service as the Universities of Winnipeg and Manitoba our clients and to ensure that our clients are with respect to its programs, and with the City served elsewhere”. of Thompson and regional partners to work to- Collaboration and partnerships can also go gether with Indigenous people in the community. beyond direct service delivery and address some UCN’s representative said that partnerships in the of the operational challenges organizations regu- North are important generally because there are larly face. For example, organizations could share not enough resources for any one group to move funding or resource opportunities, potentially forward on an issue or have an impact. pooling resources on grant writing and fund de- With respect to a legal one-stop shop, some velopment. This could be particularly timely as respondents said that greater coordination among organizations seek to diversify their funding in the services might be a better approach to take rather wake of government funding cuts. Organizations than physically co-locating agencies. For exam- could also develop common training programs. ple, the RTB representative said it might be bet- In terms of larger scale strategic actions, organ- ter to have more knowledge and connections so izations could better work together to identify proper referrals could be made to link a person priority access to justice issues, including iden- to the right service. Similarly, the representative tifying care areas of un- or under-served needs from the Welcome Place said it might be more and identifying means of meeting those needs. beneficial to have greater coordination and more Based on their experience, some stakehold- partnerships rather than having services all in ers and service providers commented on what one location. The Welcome Place representative

Justice starts here: A one-stop shop approach to justice in Manitoba 75 noted that past attempts to create a one-stop fact, what’s been said is there’s a saturation there. shop for refugees was very difficult because of So, you don’t want to just throw more services their significant needs and that: in there, you want to look at how the services are connected and how they meet the needs of You are probably thinking about all low-income the population. But not just from a health and people, not only the newcomers but also the social service point of view but think about people who are living in Winnipeg... So, it will be legal support, or legal aid, or you know family very difficult to have this one-stop shop... if it’s a resource centres or how to get on a day care. If one-stop shop then the people who do not speak it was all oriented around those life cycles and English or French are automatically limited or needs, that might be a better way to go about it even excluded from the services. So, it will be a as opposed to just co-locating organizations. I lot of challenges in creation of this monster. think that’s really more the focus. So, I would rather say that... let everybody do Lastly, the MHRC representative concluded: what they do best but have an ability to better connect with each other...... there’s various ways to think about one- stop shop and maybe we just need a better TheCMHA Manitoba representative said the at- coordinated system that, you know, people can tention should be on whether existing services figure out who’s doing what and maybe there’s are meeting people’s needs and that: opportunities to share resources, that’s not Part of the challenge is, even if you look at the a bad idea either as long as that’s in the best North End, there’s no shortage of services. In interest of the community and not funders.

76 canadian centre for policy alternatives — MANITOBA Part V — Recommendations and Conclusion

Recommendations Calls to Action,319 Indigenous-led The access to justice dialogue is one that is on- engagement on what justice and access going. Over the course of this project there has to justice means from the perspective of been positive movement on some core access to Indigenous legal traditions is required, justice issues. There are also potential disruptions especially as it relates to how to respect to the current legal service landscape — whether Indigenous laws and legal traditions it is a challenging fiscal climate or a lag in the as equal to Western systems of law. use of technology to address access issues. It is Indigenous legal institutions may look important to recognize the immensity — but not very different from what one expects the impossibility — of the challenges. of the legal system from a Western Any additional investments in justice initia- perspective, but that makes them no less tives need to recognize the importance of prior- valuable or necessary. itizing community needs and the current lack of – In addition, Western laws and the legal (and other social) services available in rural justice system impact Indigenous people and Northern Manitoba. every day. Some have argued that this perpetuates the impacts of colonization (1) Needs-Based Service Delivery on Indigenous people. The justice Access to justice initiatives must be based on the system needs to be improved so that needs of the people being served. It is expected that access to justice for Indigenous people is those needs will vary based on things like cultural increased. This must include the respect and geographical differences. Consideration should for Indigenous values in Western systems be given to how to improve the law and legal ser- of law and in the provision of legal vices for those populations disproportionately im- services. pacted by issues of access to justice. For example: • Indigenous peoples: • Newcomers: – In keeping with the Truth and – Manitoba is becoming an increasingly Reconciliation Commission (TRC) popular resettlement destination for

Justice starts here: A one-stop shop approach to justice in Manitoba 77 newcomers. Recent immigrants to the necessary supports in place to benefit from Canada, including refugees, face a the services that are being provided? Are servic- particularly acute series of challenges es provided in a culturally competent manner? as they arrive, settle, and integrate into Much more attention should be paid to ensur- their new homes. Many are learning ing that people feel comfortable and are treated English as an additional language, and with dignity and respect by staff, service pro- face considerable barriers in terms of viders, and institutions of justice. Consideration communication and understanding. could be given to opportunities for the justice Newcomers also may be accustomed to system to learn from health care service deliv- distinctly different social and cultural ery models, including: norms, political and legal traditions, • The way a variety of professionals are ways of doing business, and ways of deployed in ways that best meet the needs resolving disputes. of the patient in a manner that maximizes – Access to justice for newcomers is efficiency for the service providers particularly complex where not only (specifically, the use of physician assistants do newcomers need to understand and and nurse practitioners alongside the more abide by immigration laws in a new traditional model of doctor-patient care) province or a new country, but they may • The way that “patient navigators” are also have other legal problems unrelated employed to help individuals with to immigration that need a resolution. complex needs navigate the health care – Service providers need to be able to system. A Patient Navigator is a member foster a sense of inclusiveness and of a healthcare team who helps patients provide services with an understanding “navigate” the healthcare system and get of other cultures and an understanding timely and meaningful care. Navigators of some of the unique needs of help coordinate patient care, connect newcomers to meet the needs of those patients with resources, and help patients newly arrived in Manitoba. understand the healthcare system.

• Persons living with mental health issues: (2) Coordination of Services – Legal service providers should have Coordination between services providers could the necessary training and knowledge be improved among organizations or programs to provide legal services in a manner which provide some form of legal assistance/legal respectful of persons living with mental services. There are a variety of ways to achieve health issues. greater coordination, including but not limited to: – Consideration could be given to how • Developing a (or continuing the Law to incorporate legal services within Society’s) access to justice working group, organizations already serving this including: population, recognizing that people are – a shared vision of access to justice, more likely to seek services where they – representation both in terms of types of are the most comfortable. service providers and people living in Efforts to improve access to justice should not marginalized communities, and focus only on what services should be offered, – sub-working groups that could be geared but how services are provided. Do people have towards things like service delivery for

78 canadian centre for policy alternatives — MANITOBA specific segments of the population or There needs to be a way to capture supply specific access to justice challenges. and demand issues within the justice system. A Some of the coordination of services could in- needs assessment (triangulation of needs) of the clude, but should not be limited to: Manitoba population should be conducted in • identification of priority access to justice relation to legal services, in a way that captures: issues, including identifying core areas of • People actively engaged in the justice un- or under-served needs and identifying system through formal legal channels mechanisms to meet the needs, (existing institutions, LAM, representation by lawyers), • opportunities for increased efficiency and the re-allocation of existing resources • People actively engaged in the justice to reduce inefficiencies or duplication of system through community organizations service, and “non-lawyer” service providers, • developing standards of training and • People who have opted out of the justice knowledge for service providers and system — knowingly and unknowingly offering common training programs, (example: they want to engage but don’t • developing common ways of measuring and have any mechanisms of entry into the reporting results or some other method of justice system, they want to engage but for standardization of service reporting, other non-legal issues, they don’t want to engage with the justice system, or they don’t • sharing of funding or resource recognize they have a legal problem), and opportunities, including developing a resource guide for external funding • People who are excluded from (aspects of) opportunities or potentially pooling the justice system (example: the SSAB hears resources on grant writing and fund appeals regarding provincial income assis- development tance, but does not hear appeals regarding • improving communication (including with on-reserve income assistance and there is respect to referral systems), and no federal equivalent for First Nations). • developing partnerships. There is a spectrum of legal service providers in Better coordination of services could provide Manitoba, but there are no standardized mecha- opportunities to sufficiently resource and/or nisms to inventory, evaluate quality, or evaluate expand existing innovative programs or allow the value of the services being offered. In consul- for new strategic projects to flourish. tation with impacted stakeholders, a central body (such as a university’s academic research group, like the University of Manitoba’s SPECTRUM (3) Transparency — The Collection and group) could develop an evaluative tool that would Sharing of Empirical Data There is a lack of transparency and of standard- provide empirical data about the state of access ized data regarding the demand for and the sup- to justice in Manitoba (including supply and de- ply of legal services (including legal information, mand regarding legal services/legal institutions). advice, and advocacy services) in Manitoba. There The types of information collected could include: is also a lack of coordination between organiza- • Number of matters before various courts tions providing legal services in Manitoba, re- and tribunals, sulting in potential duplication of services, in- • Number of SRLs (could identify stages of efficiencies, and gaps in service. process for point-in-time surveys),

Justice starts here: A one-stop shop approach to justice in Manitoba 79 • Types of services available and number of • actively regulating paralegals under the people served, and Legal Profession Act, and • Indicators to assess the quality of services • a voluntary code of standards among provided (based on the needs of the unregulated service providers. individual service-users) and value of At the same time, the cautionary note provided services provided (including a coordinated earlier bears repeating: the necessary protection analysis of operating budgets, staffing of consumers should not be used to stifle inno- levels, and benchmarks/outcomes). vative service delivery that brings access to jus- Information collected could inform other as- tice to the people that need it most. pects of the dialogue occurring regarding access to justice, as well as be communicated in a (5) One-Stop Shop — Part of a Broader publicly accessible way — to both stakeholders Approach and the public — for example, as an annual sur- For many, there is a recognized need for a one- vey or report card. stop shop. There are many ways that one could organize a one-stop shop that would have sig- (4) Monitoring, Evaluating, and Adapting nificant potential to have a meaningful impact Building on the need for increased transparency on people seeking access to justice. Many focus and information sharing, the use of evaluative group participants envisioned a one-stop shop tools is part of an ongoing and necessary exer- that joined legal services with other health and cise in monitoring, evaluating, and adapting. The social services. state of access to justice in Manitoba should be Looking at one-stop shops as a service de- evaluated on a regular basis in a manner that al- livery model, there are two distinct kinds of lows for appropriate adaptation to better meet opportunities. A one-stop shop can be used to the needs of Manitobans. An inventory of legal re-organize existing organizations in a way that services offered in Manitoba could be created, provides more coordinated services. For exam- made publicly available, and updated annually. ple, consideration could be given to opportuni- Recognizing that many of the legal services ties that might flow from locations where there provided by community services are not done are already clusters of services providers. A under the supervision of a lawyer and with the one-stop shop can also be used to fill existing benefit of regulatory oversight through the LSM, and discrete gaps in services. For example, one consideration should be given to implementing could have a one-stop shop that aimed to meet measures to improve consumer protection in a cross-section of legal needs, including direct the provision of legal services by those who are representation, for individuals outside of the fi- not lawyers, including legal information, advice, nancial eligibility guidelines for legal aid (low to and advocacy services. Some examples of ways middle income earners), or whose kind of matter this could be achieved include: is not covered by legal aid (not unlike the ser- • Interpreting recent amendments to the vices offered currently offered by theLHC , but Legal Profession Act (specifically, the providing direct representation as a pillar of the definition of law firm to include any other services provided). joint arrangement providing legal services) If a one-stop shop is established, priority to include community-based organizations should be given to including rural and North- providing legal information, advice, and/or ern Manitoba, where either there are no services advocacy services; currently available or the gap in service delivery

80 canadian centre for policy alternatives — MANITOBA is significant as compared to urban centres. This clients are better served when organizations are could mean making use of technology and de- collaborating veloping a digital access to justice strategy. The One person can’t do everything and so it’s about use of satellite clinics and operations in a hub recognizing that and that it’s not a competition. and spoke model of one-stop shops may also present opportunities to increase services across a broader population of Manitobans. Conclusion Any one-stop shop must be carefully designed Understanding unique access to justice challenges and implemented to be most effective. Impor- faced by specific demographic groups highlights tant characteristics that are a necessary part of the importance of a more holistic and consumer- any successful one-stop shop include: driven approach to addressing these issues. Sa- • Stable and sufficient funding; rah Buhler cautions against a “one-way street” • Shared vision and operating standards; approach to access to justice in which the legal • Care with respect to the types of services community views themselves as the catalyst for joined under a one-stop shop model; solutions. In this approach, too often the solution • Operations with an integrated (or holistic) is to merely bring the person to the institution. approach; and Instead, access to justice work must be situated in understanding all facets of peoples’ • Accessibility. lives, including the economic, political, and so- If there are cost savings or new investments be- cial spheres: cause of efforts to improve access to justice, those An understanding of the larger context in cost savings or influx of new funds provide op- which individual legal troubles arise does not portunities to reinvest existing funds into meas- encourage the view that increasing access to the ures aimed at more improvements, until broader courts, judges and lawyers would change very access to justice is achieved for all Manitobans. much for poor people. In terms of implications When people express a desire to have access for practice, this perspective urges the view that to a one-stop shop, further exploration of their lawyers who are committed to access to justice needs underlying that desire reveals that peo- be prepared to learn about and engage with a ple are looking for things like better access to multitude of other issues.320 services and better relationships with service providers. A one-stop shop is not the only way A more integrated or holistic approach from to meet the needs of people interacting with the within the legal system towards improving access justice system or of providing better access to to justice for individual people could incorpo- services and relationships with service provid- rate what Susan Bennett refers to as “long-haul ers. Providing services through a one-stop shop lawyering.” This process draws from a constant delivery model should not come at the expense and collaborative presence in the community of other improvements in access to justice. and being “unbound, both in nature and dura- In consideration of a one-stop shop as a co- tion.” 321 Practically speaking, this means work- location of services, several respondents sug- ing with people not just on a crisis basis, but gested that greater coordination among service also throughout their lives to address long-term providers might be a better approach to take problems that arise from being marginalized. rather than physically co-locating agencies. As Long-haul lawyering may include confronting the ThompsonYWCA representative observed, the inequalities that bring people to a lawyer.

Justice starts here: A one-stop shop approach to justice in Manitoba 81 This suggests the importance of a communi- issues to consider before moving forward. De- ty led approach to access to justice issues, along cisions would have to be made about which ser- with a commitment to ensuring that everyone in vices would be provided, which service provid- Manitoba should have the knowledge, resources, ers would be involved, and whether there should and services to seek an effective resolution to a be co-location and/or a single point of entry. In legal problem. addition, consideration would have to be given Access to justice is achieved through fair pro- to whether it would be more beneficial to ser- cesses and fair outcomes. A fair process means a vice users if institutions and organizations de- justice system that is transparent, affordable, and veloped more strategic partnerships and shared as easy to navigate as possible. A fair outcome re- resources rather than creating a one-stop shop. sults from a person having the opportunity to be For many, there is a recognized need for a heard in a meaningful way. A fair outcome includes one-stop shop. There are a number of different timely decisions based on the facts and the law. ways that one could organize a one-stop shop At a systemic level, access to justice can also that would have significant potential to have include a meaningful opportunity to participate a meaningful impact on people seeking access in the development and reform of the law and to justice. Many focus group participants envi- legal processes. sioned a one-stop shop that joined legal services Some key principles in understanding wheth- with other health and social services. er someone has access to justice are: Looking at one-stop shops as a service de- • Availability: whether the necessary livery model, there are two distinct kinds of information or services exist or not; opportunities. A one-stop shop can be used to • Accessibility: whether a person can access re-organize existing organizations in a way that the necessary information, services, or provides more coordinated services. For exam- system; ple, consideration could be given to opportunities that might flow from locations where there • Acceptability: whether the system is set up are already clusters of services providers. and information and services are delivered A one-stop shop can also be used to fill ex- in a way that is needs-based and culturally isting and discrete gaps in services. For exam- appropriate; and ple, one could have a one-stop-shop that aimed • Adequacy: whether the information to meet a cross-section of legal needs, including and services are delivered and a person direct representation, for individuals outside of experiences the system in a way that is the financial eligibility guidelines for legal aid meaningful and sufficient. (low to middle income earners), or whose kind At each step of the way, the individual in need of matter is not covered by legal aid (not unlike of assistance is front and centre. the services offered currently offered by the LHC, The responses from institutional stakehold- but providing direct representation as a pillar of ers, service providers, and focus groups reveal the services provided). that in general, a one-stop shop has many ben- If a one-stop shop is established, priority efits. Combining legal and non-legal services in should be given to including rural and North- one location or close to one another could im- ern Manitoba, where either there are no services prove the likelihood that people will access the currently available, or the gap in service delivery services they need in a timely way. is significant as compared to urban centres. This However, it is also clear that creating a one- could mean making use of technology and de- stop shop is complicated and there are many veloping a digital access to justice strategy. The

82 canadian centre for policy alternatives — MANITOBA use of satellite clinics and operations in a hub those cost savings or influx of new funds pro- and spoke model of one-stop shops may also pre- vide opportunities to reinvest existing funds sent opportunities to increase services across a into measures aimed at more improvements, broader population of Manitobans. until broader access to justice is achieved for Any one-stop shop must be carefully designed all Manitobans. and implemented to be most effective. Impor- When people express a desire to have access tant characteristics that are a necessary part of to a one-stop shop, further exploration of their any successful one-stop shop include: needs underlying that desire reveals that peo- • Stable and sufficient funding; ple are looking for things like better access to • Shared vision and operating standards; services and better relationships with service providers. A one-stop shop is not the only way • Care with respect to the types of services to meet the needs of people interacting with joined under a one-stop shop model; the justice system, or of providing better ac- • Operations with an integrated (or holistic) cess to services and relationships with service approach; and providers. Providing services through a one- • Accessibility. stop shop delivery model should not come at If there are cost savings or new investments the expense of other improvements in access because of efforts to improve access to justice, to justice.

Justice starts here: A one-stop shop approach to justice in Manitoba 83 Appendix A — Interviewees and Focus Groups

Manitoba Legal Service Providers and/or Nine Circles Community Health Centre Social Agencies North End Community Renewal Corporation Canadian Mental Health Association Manitoba Norwest Co-op Community Health and Winnipeg Residential Tenancies Independent Advisor Claimant Advisor Office Program Community Legal Education Association Welcome Place Community Unemployed Help Centre West Central Women’s Resource Centre Eagle Urban Transition Centre Winnipeg Harvest FACES (including the Anxiety Disorders Association of Manitoba, Manitoba Worker Advisor Office Schizophrenia Society, Mood Disorders YWCA Thompson Association of Manitoba) Family Law Access Centre (Law Society of Manitoba) Other One-Stop Shops Independent Living Resource Centre Aboriginal Legal Services Toronto Infojustice Manitoba Access Pro Bono BC John Howard Society Calgary Legal Guidance Legal Help Centre Parkdale Community Legal Services Manitoba Low Income Intermediary Project/ Pivot Legal Society Workers Organizing Resource Centre Sheldon Kennedy Child Advocacy Centre (Canadian Union of Postal Workers)

84 canadian centre for policy alternatives — MANITOBA Institutional Stakeholders: University of Winnipeg Automobile Injury Compensation Appeal Workers Compensation Appeal Commission Commission Law Society of Manitoba Focus Group Hosts: Legal Aid Manitoba Dauphin Friendship Centre Manitoba Court of Appeal Eagles Nest Manitoba Court of Queen’s Bench Immigrant & Refugee Community Manitoba Human Rights Commission Organization of Manitoba (IRCOM) Manitoba Provincial Court Nisichawayasihk Cree Nation — Women of Mental Health Review Board Heart Social Services Appeal Board Social Planning Council University College of the North Thompson YWCA and Thompson Crisis Centre University of Manitoba (Robson Hall) Winnipeg Harvest

Justice starts here: A one-stop shop approach to justice in Manitoba 85 Appendix B — Available Statistics322

Legal and Social Service Providers Ben Kramer & Mandel Hitzer, Cambrian Anxiety Disorders Association of Manitoba Credit Union, Cardinal Foundation, (ADAM) City of Winnipeg, Community Food Source: Annual Report 2014–15 Centres Canada, DJ Hunnicutt, Donner • Sources of Funding: Manitoba Health (89%) Canadian Foundation, J.W. McConnell • Purpose and Services: “Our vision is to Family Foundation, Jewish Foundation reduce the impact of anxiety disorders on of Manitoba, Lount Family Foundation, the lives of all Manitobans.” 323 ADAM does Manitoba Community Services Council, this by providing and facilitating support Manitoba Harvest Hemp Foods, groups, cogitative behavioural therapy, McConnell Family Foundation, Nancy one-on-one support (in-person, phone and Heinrichs, Province of Manitoba, Thomas email), as well as raising public awareness. Sill Foundation, Winnipeg Foundation, and the Winnipeg Regional Health Authority • Measurement Info: None reported • Purpose and Services: The purpose of the • Use Statistics: 27,498 Manitobans accessed program is to ensure the safety of women services in 2014–15, with the most popular and children so that they may live in an program being the one-on-one support. abuse free, healthy environment. A Woman’s Place Domestic Violence Support and Legal A Woman’s Place (A Program of the Services provides supportive counselling NorWest Co-op Community Health) and legal services for women who have exited/are exiting an abusive relationship. Source: Website; 2016 Program Statistics None reported (provided) • Measurement Info: • Sources of Funding: The NorWest Co- • Use Statistics (2016, up to October): op Community Health Capital Campaign – Clients served in 2016: 1,072 supporters and funders are listed as: – Number of sessions: 1,233 Anonymous Donor, Bank of Montreal, – Number of hours: 1,248

86 canadian centre for policy alternatives — MANITOBA Claimant Advisor Office and other matters, with a focus on access Sources: Supplied to justice. These are available on their • Sources of Funding: Government website, by phone, and by email. They offer of Manitoba, Department of Justice a Community Legal Intermediary (CLI) (previously Department of Tourism, Training Program about legal services Culture, Heritage, Sport and Consumer available in the community. As well, Protection) they work to increase public knowledge • Purpose and Services: To assist persons about the law through presentations, who wish to appeal a decision made by the publications, and an annual conference. Manitoba Public Insurance Corporation • Measurement Info: None reported (MPIC) in relation to bodily injury claims • Use Statistics: to the Automobile Injury Compensation – 2013–2014: Appeal Commission (AICAC). - 6,400 calls, (40% of which were for family • Measurement Info: None reported law matters, 335 from unrepresented • Use Statistics: individuals, 1,378 resulting in a referral). – 2014–2015: 1,297 emails, 11 faxes, 77 walk-ins (despite - Closed files: 103 not providing walk-in services). - Open files: 245 - 51 speaking events with 760+ attendees. - Appeals: 94 (number of hearings) - 6 graduates from the Community Legal - Mediation: 198 Intermediary (CLI) Training Program. – 2015–2016: – 2014–2015: - Closed files: 219 - 6,276 calls (41% for family law, 1,413 calls - Open files: 199 (194 Active) resulting in referrals, increased number - Appeals: 160 (number of days of of unrepresented litigants — no number hearings) provided). 1,259 e-mails, 6 faxes, and 86 - Mediation: 274 walk-in clients. - 950 attendees at 70 speaking events. - 14 graduates of CLI training, 10 of Community Legal Education Association Advanced CLI training. Source: Annual Reports 2013–14, 2014–15, – 2015–2016: 2015–16 - 6,358 calls (39% for family law, about 10% • Sources of Funding: MLF (35%), Justice from self-represented or unrepresented Canada, LSM, Justice Education Society litigants, 1,262 calls resulting in referrals). of BC, donations, fundraising, and 1,215 e-mails and 75 walk-in clients. memberships. - 51 speaking events with 794 attendees. • Purpose and Services: “CLEA is a - 7 graduates of CLI program, 10 of charitable organization that provides Advanced CLI program. legal information to Manitobans. We believe that legal knowledge is necessary for full and equal participation in our Canadian Mental Health Association society.” 324 They provide a wide range of Manitoba and Winnipeg legal information and referral services Source: Annual Reports 2013–14, 2014–15, to Manitobans on family, civil, criminal, 2015–16

Justice starts here: A one-stop shop approach to justice in Manitoba 87 • Sources of Funding: Winnipeg Regional – 2014–2015: Health Authority (53%), Province of - Information and Referral Service Manitoba (21%), United Way (13%), Grants responded to 1,900 individual requests, (Bell Community Fund, IERHA, Winnipeg 300 through Rights Consultation (39 Foundation) (5%), Donations (4%), Fee for cases). Service (3%), Other (1%). - 570 people in 35 MHFA courses. • Purpose and Services: “As a champion - 86 workshops or presentations at for mental health, CMHA exists so that workplaces and organizations. all Manitobans are mentally healthy - MILE 5 delivered in 8 schools, to and people experiencing mental illness approximately 1,050 students. 100 hours have support for their resilience and of presentations and workshops on recovery.” 325 It does so through political youth mental health to 1,419 youth. advocacy, providing information and - Building Futures Initiative: YSN referral services, “promoting and provided 130 youth with contacts understanding mental awareness” through through 591 contacts. Building Futures Mental Health First Aid (MHFA) courses, Counsellor provided services to 30 and public awareness events. youth over 99 sessions. - Rehabilitation & Recovery Service • Measurement Info: None reported assisted over 400 individuals. • Use Statistics: – 2015–2016 (Note: This Annual Report con- – 2013–2014: tains far less detail than previous years): - Information & Referral Service assisted - 42 individuals helped through Rights 1,609 people (including 277 through consultation and received representation Rights Consultation service). at the MHRB. - 20 MHFA courses with 372 total - 200 people in MHFA courses participants, including 2 MHFA Youth - 3,200 individuals “reached in [CMHA] courses with 18 total participants. direct services, service navigation - MILE 5 (Mental Illness Literacy services and school-based education”. Education, 5 day) program was delivered in 12 schools, delivered to 2,270 Community Unemployed Help Centre students. - Building Futures Initiative (Program in Sources: 2014 In Review, 2015 In Review, 2016 In conjunction with other service agencies Review, 2015 Annual General Meeting minutes. for youth aged 16–25 presently or • Sources of Funding: (Fiscal year formerly in CFS care): 318 contacts with ending December 31st 2014) Manitoba 58 active clients through Youth Service Government (half of total budget), Navigator; 16 referrals made and 9 active United Way, MLF, Winnipeg Foundation. counselling clients for Building Futures Approximately $50,000 through donation. counsellor. • Purpose and Services: “[The] Community - Rehabilitation & Recovery Service Unemployed Help Centre provides assisted 240 individuals “to learn information, assistance, advice, and skills and acquire resources related to representation to individuals dealing with their goals,” including workshops and the federal government’s EI program and the community housing with supports. Manitoba Government’s Employment and

88 canadian centre for policy alternatives — MANITOBA Income Assistance program. The Centre’s • Measurement Info: Gathered via services are open to everyone in need and Sharepoint call tracking list 326 no fees are charged for any service.” • Use Statistics: (October 2016 — January • Measurement Info: 31st 2017) – 2014: Represented 184 individuals, – 1112 interactions (727 via phone, 332 at resulting in 136 overturned or amended counter, 53 voicemails returned within decisions (73% success rate). 24 hours) – 2015: Represented 215 individuals, – 295 inquiries about court processes, resulting in 172 overturned or amended forms, and copies; 208 about support; decisions (80% success rate). Returned 160 about custody and access; 146 over $1.26 million to CUHC clients in about divorce or separation. Remainder benefits previously denied. pertaining to enforcement, getting a – 2016: Represented 308 individuals lawyer, protection, property division, and appealing EI or EIA decisions with an 80% “other”. success rate in overturning or amending – Most inquiries prompted referrals to a decisions. Returned $2.2 million to CUHC variety of services, including: clients in benefits previously denied. - For the Sake of the Children: 61 • Use Statistics: - LAM : 188 – 2014: Assisted over 1,400 individuals on - CLEA Law Phone-In and Lawyer Referral issues related to EI, and EIA. Represented Program: 153 184 individuals, overturning or amending - Court Staff: 54 136 on appeal. - Family Law Section: 18 – 2015: Provided 1,500 individuals with - Printed materials (A Guide to Changing information, advice, and representation. Child Support Orders in Manitoba: 101; Represented 215 individuals, resulting Family Law in Manitoba: 101; Federal in 172 overturned or amended decisions publications regarding parenting & (80% success rate). Returned over $1.26 tables: 9) million to CUHC clients in benefits - Websites (Courts: 229; Manitoba Family previously denied. Justice; 38; CLEA: 33) – 2016: Provided information, advice, and representation to 1,542 individuals. Family Legal Access Centre of the Law Represented 308 individuals appealing Society of Manitoba EI or EIA decisions with an 80% success, Source: Supplied resulting in $2.2 million returned to CUHC • Sources of Funding: Not listed. clients in benefits previously denied. Participants pay for service. • Purpose and Services: This program by the Family Justice Resource Centre LSM aimed to bridge the gap between Legal Source: Supplied Aid and retaining a lawyer by providing • Sources of Funding: Program of Manitoba legal services at a discounted rate for family Justice law matters. As the Legal Aid guidelines • Purpose and Services: To provide free and have been amended to include clients that confidential information regarding family previously qualified for FLAC, the program law matters. is no longer accepting applications.

Justice starts here: A one-stop shop approach to justice in Manitoba 89 • Measurement Info: None reported or face-to-face; Participated in 52 • Use Statistics: 67 applications approved separate presentations. for the program, with 46 completing the - 2015–2016: Provided one-on-one support program successfully. 21 files are ongoing. and consultation to 156 individuals; Provided contact supports to just under 1100 inquiries (email, telephone or face- Independent Living Resource Centre to-face). Source: Annual Reports 2013–14, 2014–15, – Peer/Independent Living Skills: 2015–16 - 2013–2014: 16 individual workshops • Sources of Funding: United Way of attended by nearly 300 consumers. Winnipeg, the Winnipeg Foundation, the - 2014–2015: 11 workshops attended by Province of Manitoba, Human Resources over 120 consumers. and Development Canada, Western - 2015–2016: 9 workshops attended by Economic Diversification Canada, Service over 100 consumers. Canada, Regional Health Authorities/ – Information and Referral: Winnipeg Regional Health Authority, - 2013–2014: Received 3500 inquiries; Manitoba Public Insurance, and EIA. Provided information sessions to over 30 new community partners; • Purpose and Services: “The ILRC is a Distributed information packages to consumer controlled organization that over 1200 consumers and organizations; promotes and supports citizens with Distributed the quarterly Options disabilities to make choices and take Newsletter to over 1500 community responsibility for the development and organizations and consumers. management of personal and community - 2014–2015: Received over 3800 inquiries; resources.” 327 Programming includes Distributed over 1500 individual information and referral services, information packages with Options individual advocacy, research and newsletter; 1200 on the mailing list. development to increase service capacity, - 2015–2016: Received over 3900 inquiries; and programs designed to enhance Distributed over 1800 individual inclusion of people with disabilities. information packages with Options • Measurement Info: None reported “The newsletter; 1200 on mailing list. true indicator of the success of the program – Community Living Report: lies in the impacts individuals make in their - 2013–2014: All eight units in Qu’Appelle 328 lives and in the community.” Housing were occupied, with 6 on the • Use Statistics: waiting list; 12 Peer Network meetings – Individual Self-Advocacy: through Self/Family Managed Care - 2013–2014: Provided supports to over Program. 800 incoming consumers (Note: No - 2014–2015: Qu’Appelle and MIST more detail given regarding the level of housing units grown to full capacity supports). (No further statistics given); Hosted 4 - 2014–2015: Provided one on one support orientation sessions for SFMCP with over and consultation to 180 individuals; 60 individuals attending. Provided contact supports to over 1000 2015–2016: Reported an increased number incoming inquiries via email, telephone of referrals from both individuals and

90 canadian centre for policy alternatives — MANITOBA organizations looking for ILRC expertise in – Leisure Education the area of service deliver support; Hosted - 2013–2014: Program presented to just 4 orientation sessions for SFMCP with under 300 separate individuals; 100% over 40 individuals attending (No specific graduation rate; Distributed over 380 statistics given for Qu’Appelle or MIST). passes to variety of events. – Personal Attendant Community - 2014–2015: No statistics given Education: - 2015–2016: 17 graduates of the program. - 2013–2014: 8 training sessions with 160 – Brokerage graduates and over 700 total hours of - 2013–2014: Supported 32 individuals community trainer’s time. in the community; Received 5 inquiries - 2014–2015: 5 training sessions with about participating in Brokerage 80 graduates and over 700 hours of program; Received 8 inquiries about community trainers’ time. Qu’Appelle housing. - 2015–2016: 7 training sessions with - 2014–2015: Supported 25 individuals in 103 graduates and over 5000 hours of the community. community trainers’ time; Expanded - 2015–2016: Supported 24 individuals in trainer base to include 31 community the community. and classroom trainers. – Kids on the Block John Howard Society - 2013–2014: Performed 20 shows reaching a total of 1,420 audience participants; Source: Annual Reports 2013–14, 2014–15, Over 1400 cards handed out. 2015–16 - 2014–2015: Performed 13 shows reaching • Sources of Funding: Government of a total of 800 audience participants. Canada (Through the John Howard Society - 2015–2016: Performed 2 shows to 80 of Canada grant), Province of Manitoba, audience participants. Manitoba Department of Education and – Disability Awareness Resource Training Training - Adult Literacy and Learning, (DART): United Way of Winnipeg, The Richardson - 2013–2014: 400 individuals receiving Foundation, The Winnipeg Foundation, The DART, including 6 sessions of PACE Thomas Sill Foundation, The Assiniboine students and public and private Credit Union, The John Howard Society of partners. Canada, DeFehr Foundation, and private - 2014–2015: 500 individuals received donors and supporters. training. • Purpose and Services: “Effective, just - 2015–2016: 1200 individuals received and humane responses to the causes training. and consequence of crime.” 329 “The John – Urban Entrepreneurs with Disabilities Howard Society of Manitoba is a non- Project (UEDP) profit justice organization dedicated - 2013–2014: 251 consumers received to working with those who have or are supports; 652 direct contacts. accused of committing offences, victims - 2014–2015: 200 consumers received and the community to resolve conflict, supports; 635 direct contacts. repair harm, and restore peaceful - 2015–2016: 221 consumers received relations.” 330 They offer a literacy program, supports; 693 direct contacts. reintegration services, bail supervision, and

Justice starts here: A one-stop shop approach to justice in Manitoba 91 a community based sentencing program - Literacy Program: 139 students taught: (with Manitoba Justice). Peer Tutor Students: 86 Enrolled. 72 • Measurement Info: “54 have successfully Graduates; One On One Tutoring completed the [Bail Assessment, Support, Students: 53 (44 new students, 9 return and Supervision Program], meaning that students); Institutional Phone Inquiries they have dealt with their outstanding and Green Request Forms: 187; GTSO: 61 charges and have received dispositions. Recordings and books sent out. This number is steadily increasing, leaving one to conclude that the program is successful.” This is supported by a 2016 Legal Aid Manitoba (LAM) evaluation done by John Isfeld & Chantel Source: Annual Reports 2013–14, 2014–15, Nygaard, University of Manitoba. 2015–16, Notice to the Profession 28–2015 • Use Statistics: • Sources of Funding: Manitoba Justice – 2013–2014: (some reimbursed by Government of - BASSP : ‘Graduated’ (seen through Canada for federal criminal matters), to sentencing): 38 clients (Charges MLF, contributions from clients, costs dropped: 14; Released by court: 4; awarded by the Court on behalf of clients, Charges stayed: 5; Prison time: 2). interest earned on monies invested, and - Reintegration program: 950 clients (310 miscellaneous receipts. in institutions/640 in the community); • Purpose and Services: As detailed in the 493 visits to clothing closet Legal Aid Manitoba Act, LAM’s mandate - Literacy Program: 4 sessions completed. is to “Provide quality legal advice and – 2014–2015: representation to eligible low-income - BASSP : Clients successfully completed: individuals and groups; Administer the 42 (Charges dropped or stayed: 22, Con- delivery of legal aid in a cost-effective ditional sentence: 5, Probation: 10, Moved and efficient manner; Provide advice to unsupervised bail: 2, Time served: 3) to the Minister on legal aid generally - Reintegration program: 929 clients; and on the specific legal needs of low- 331 facilitated 9 programs with a total of 64 income individuals.” They provide legal students; advice and representation to low-income - Literacy Program: 31 Peer Tutors trained Manitobans on criminal, immigration at Winnipeg Remand Centre, 12 at and refugee, family and child protection, Headingley Correctional Centre. Get poverty, and public matters. The Story Out GTSO( ): 28 books and 22 • Measurement Info: Has lowest cost per recorded audio CDs capita per certificate in Canada. – 2015–2016: • Use Statistics: - BASSP: Total referrals received since Oc- – 2013–2014 tober 2011: 1539, with 223 files re-opened - 33,063 applications received; 6,400 at lawyer’s request; 2015–16: 287 clients rejected. both in residence and in the community. - 28,598 legal matters approved and issued. - Reintegration Program: 70 new clients; - Service delivery breakdown: 17,526 legal Assisted 70 men to apply for their birth custody in-phone advice; 28,598 legal certificate while incarcerated. matters; 44,524 Duty Counsel assists.

92 canadian centre for policy alternatives — MANITOBA – 2014–2015 – 2016–2017: - 31,322 applications received; 6,145 - 1634 calls (1112 residential tenancies rejected. matters, 412 EIA matters, and 110 other - 27,142 legal matters approved and issued. matters); - Service delivery breakdown: 11,826 legal - 163 hearings (144 residential tenancies custody in-phone advice; 27,142 legal hearings and 19 SSAB hearings); matters; 47,965 Duty Counsel assists. - 113 matters resolved without the need – 2015–2016: for a hearing (118 residential tenancies - 34,928 applications received; 7,219 matters and 37 EIA matters); and rejected. - 11 outreach presentations and/or - 29,528 legal matters approved and issued. training provided. - Service delivery breakdown: 22,178 legal custody in-phone advice; 29,528 legal matters; 46,250 Duty Counsel assists Legal Help Centre - Opened 6,496 family and child Sources: Annual Reports 2013–14, 2014–15, protection cases. 2015–16 - Aided 170 individuals on Immigration • Sources of Funding: University of Winni- matters. peg (in-kind donation of space and admin- - 15 graduates of Forensic Assertive istrative support), MLF, Investors Group, Community Treatment program MPI, University of Manitoba’s Faculty of through Mental Health Court. Law, Winnipeg Foundation, Canada Sum- Advocacy Unit-Specific Stats: mer Jobs Fund, private donors, law firms. – 2014–2015: • Purpose and Services: “[The Legal Help - 1,420 calls (899 residential tenancies Centre is] a not-for-profit organization matters, 365 EIA matters, and 156 other that was set up by community volunteers matters); working together with faculty and students - 131 hearings (103 residential tenancies332 from both the University of Winnipeg hearings, 27 SSAB hearings, and 1 MHRB and University of Manitoba. Our vision hearing); and is to assist disadvantaged members of - 27 outreach presentations and/or our community to access and exercise training provided (including to other their legal and social rights. Working in service providers) partnership with the community, Legal – 2015–2016: Help Centre is working to increase access - 1,422 calls (898 residential tenancies to legal and social service systems for matters, 399 EIA matters, and 125 other lower income residents in Winnipeg by matters); providing referrals, legal help and public - 78 hearings (69 residential tenancies legal education and information. We do hearings and 9 SSAB hearings); this by providing public legal education - 100 matters resolved without the need through our website, workshops and Drop- for a hearing (39 residential tenancies in Clinics. Our workshops are available matters and 61 EIA matters); and at no cost to all. Our Drop-in Clinics are - 7 outreach presentations and/or training available to those with family incomes provided. under $50,000 per year.” 333

Justice starts here: A one-stop shop approach to justice in Manitoba 93 • Measurement Info: 2015–16 Annual placed in a number of centres throughout Report notes it is often very difficult to the province. measure success. • Measurement Info: None reported • Use Statistics • Use Statistics (2015–2016): All numbers 334 – 2013–2014: approximate - 1,873 drop-in clients – Northern Health Region: - outreach clinics - Thompson: 200+ One-On-One – 2014–15: consultations and/or referrals; 10– - 2,794 clients, including repeat clients 12 consumer group participants; (58% family law, 37% repeat clients) Presentations made to 200 people. - 2,288 clients helped at drop-in clinics - The Pas: 200+ One-On-One - 99 SRLs assisted at uncontested family consultations or referrals; 8 consumer motions court group participants; public education - outreach clinics presentations to 35 people. 335 – 2015–16: – Prairie Mountain Health: - 2,920 clients, including repeat clients - Brandon: 250+ One-On-One (58% family law (1960. 20% referred), 45% consultations or referrals; 15 consumer repeat clients) group participants; 16 family group - 2,123 clients helped at drop-in clinics participants in Brandon; 8 family group - 103 unrepresented individuals assisted at participants in Assiniboine; presentations Uncontested Family Motions Court made to almost 1000 people. - 70 clients at outreach clinics - Dauphin: 200+ One-On-One consultations or referrals; 25 consumer group participants in Dauphin, Roblin, Manitoba Schizophrenia Society and Swan River; presentations to 175 Sources: Manitoba Health Funding Informa- people. tion 2015–2016 (Supplied) – Southern Health Santé Sud • Sources of Funding: Manitoba Health, - Steinbach: 300+ One-On-One General Donations, and the Iris Gala consultations or referrals; 15 consumer Evening, The Journey of Hope Walk, and group participants; 10 family group The Schizophrenia Golf Tournament. participants; presentations made to 400 • Purpose and Services: “The Manitoba people. Schizophrenia Society, Inc. is a consumer - Portage-Winkler: 300+ One-On-One focused, family sensitive mental health consultations or referrals; 16 consumer self help organization. We are dedicated group participants; presentations made to the improvement of quality of life for to 240 people. all those who are personally impacted by – Interlake-Eastern schizophrenia, psychosis and co-occurring - Beausejour: 100+ One-On-One disorders. We promote recovery through consultations or referrals; 15 consumer engagement, education, peer support group participants. and advocacy by working in partnership - Selkirk: 19 consumer group participants; with consumers, families and service 5 family group participants. providers.” 336 They have outreach workers - Presentations made to 240 people.

94 canadian centre for policy alternatives — MANITOBA – Winnipeg testing, education, and treatment, provides - Average daily consultations by phone (6) coordinated medical and social supports or in person (5); drop in and cold calls for those living with HIV, and promotes (3); 150 participants in family outreach; sexual and personal health including harm 36 consumer group participants; reduction to those at risk. 6 Writer’s Group participants; 7 • Measurement Info: None reported PsycHealth Support Group participants; • Use Statistics: presentations made to 1,600 people, as – In 2015, 102 people entered into care with well as tabling and drama presentations. the Manitoba HIV Program in either of its two Winnipeg-based sites: Nine Mood Disorders Association of Manitoba Circles and the Health Sciences Centre outpatient clinic. Sources: Website, Supplied - Of the 102 clients that entered into care • Sources of Funding: Shoppers Drug Mart, United Way, In The Mood gala sponsors. with the Manitoba HIV Program in 2015, 75 (73.5%) were newly diagnosed “Mood Disorders • Purpose and Services: with HIV. Association of Manitoba (MDAM) operates - 5 (4.9%) clients transferred to Manitoba throughout Manitoba, supporting those knowing their HIV status, but had affected by mood disorders, their friends, not yet been started on Highly Active families, caregivers and supporters.” 337 Antiretroviral Therapy HAART( ). They provide support, education, and - 22 (21.6%) clients entered into the advocacy for those living with mood Manitoba HIV Program aware of their disorders, co-occurring disorders, or status and on HAART. other mental health illnesses, and increase – In 2015/2016 the 2 social workers had public awareness about mood disorders. 1,123 (this includes all therapeutic This is done through support groups, crisis interactions by phone, and in-person support, presentations, and workshops. at Nine Circles as well as community, • Measurement Info: Do not keep client home, and hospital visits): data, only keep contact numbers. - On-site contacts = 625 • Use Statistics: 2015 — had contact with - In home Contacts = 10 over 90,000 individuals. - In hospital Contacts = 8 - In the community contacts = 12 - Phone/written contacts = 468 Nine Circles Community Health Centre Sources: Manitoba HIV Report 2015, 2016 AGM Executive Director’s Report North End Community Renewal Corporation: • Sources of Funding: Winnipeg Regional Tenant Landlord Cooperation Program Health Authority, Federal Government, Sources: Final Report to Neighbourhoods fund raising. Alive! 2015–2016, Renting in the North End • Purpose and Services: Nine Circles is Case studies from the “Tenant Landlord Co- a community based, non-profit centre operation” Program, by Rachel Gotthilf and specializing in HIV prevention and care. Darrell Stavem (Canadian Centre for Policy It supports HIV & STI prevention through Alternatives, 3 September 2014).

Justice starts here: A one-stop shop approach to justice in Manitoba 95 • Sources of Funding: Not given — Operates the Government of Manitoba, The Winnipeg through NECRC Foundation, private donors (Note: These • Purpose and Services: “The purpose are the donors to the Manitoba Interfaith of the North End TLC program is to Immigration Council as a whole. There is no promote the upkeep and maintenance of indication as to how much of the funding is rental properties within the North End of diverted specifically to Welcome Place). Winnipeg while fostering good working • Purposes and Services: Provides relationships between landlords and temporary housing to refugees, as well as tenants. TheTLC program seeks to employ furniture and other donated items, aid with conflict resolution while educating clients housing searches, research, and advocacy. on their rights and responsibilities under • Measurement Info: “Success” is implied existing legislation to address community to mean re-settling refugee claimants in rental instability due to landlord and permanent and affordable accommodation 338 tenant disputes.” This is done through within as short a period as possible. the delivery of workshops on tenant and • Use Statistics; landlord rights and responsibilities, working – 2013–14: Housed 352 government with community members to address tenant assisted refugees; Moved 40 families issues, and advocacy for housing issues. and 61 individuals to permanent • Measurement Info: “The North End accommodations. Community Renewal Corporation’s TLC – 2014–15: 89 families, 74 single Govern- program makes a substantial impact in the ment-Assisted Refugees accommodated 339 North End of Winnipeg.” at Welcome Place; 436 individuals moved • Use Statistics (2015–2016): to permanent accommodations. – 1339 issues in 273 files (175 new clients, – 2015–16: 600+ Government-Assisted 96 new issues for old clients); $95,443 Refugees at 4 sites; 990 clients in recovered; 1104 client contacts. accommodations in total. – Conducted inspections on 301 units of rental housing – Distributed 112 bedbug kits to West Central Women’s Resource Centre individuals in William Whyte, North Sources: Website, Supplied Point Douglas, Dufferin, and St. John’s • Sources of Funding: Government of – 8 workshops with 112 participants, as well Canada (Canadian Heritage, Immigration, as a number of presentations in Winnipeg, Refugees, and Citizenship, Status of including many at Winnipeg schools. Women), Province of Manitoba, City of – 113 referrals from partner organizations Winnipeg (Homelessness Partnering Strategy) Assiniboine Credit Union, Canadian Women’s Foundation, Welcome Place Communities 4 Families, Daniel Sources: Manitoba Interfaith Immigration MacIntyre/St. Mathew’s Community Council Inc Annual Reports 2013–2014, 2014– Association, Jewish Foundation of 2015. 2015–2016. Manitoba, LITE (Local Investment Towards • Sources of Funding: Immigration, Refugees Employment), Neighbourhoods Alive!, and Citizenship Canada, The United Way, Spence Neighbourhood Association, Status

96 canadian centre for policy alternatives — MANITOBA of Women Canada, United Church Canada, partners. Funding provided entirely by United Way, and The Winnipeg Foundation private donation (Note: Harvest specifically • Purpose and Services: “The West Central states that they do not accept contributions Women’s Resource Centre exists to empow- from any level of government or United Way). er women to help themselves, their fami- • Purposes/Services: “Winnipeg Harvest lies and their community to safer, healthier is a community-based, not-for-profit, food lifestyles.” 340 They offer a range of programs distribution and training centre, committed and services for women in the West Central to providing food to people who struggle to community, including childminding, educa- feed themselves and their families.” 341 tional and empowerment services, mentor- • Measurement Info: “Reducing and ship, and immigration settlement services. eliminating the need for food banks is the • Measurement Info: None reported best measure of our success.” 342 • Use Statistics (April 2015–March 2016): • Use Statistics: – Drop-In: Accessed 17,964 times (hygiene – 2013–14:12 million pounds of food program accessed 1582 times, 2719 distributed to 384 partner agencies; lunches served) approximately 60,000 Manitobans – HOMES : 253 women helped: received food from Harvest monthly - 29 housed or rehoused (150,000 clients by appointment); 1,061 - 84 instances of eviction prevention participated in one or more training - 77 instances of income being sourced programs, 91% completion rate. - Women were helped to navigate EIA 176 – 2014–15: 13.7 million pounds of food times distributed to 389 partner agencies; - 429 reported instances where women’s approximately 61,000 Manitobans life skills were improved received food from Harvest monthly - 517 reported instances where women’s (461,272 clients by appointment); 1,386 social network was improved individuals participated in one of more – MT4W: 19 women or families were helped: training programs, 93% completion rate. - 13 were housed at least once – 2015–16: 13.2 million pounds of food - 40 instances of eviction prevention distributed to 399 partner agencies; - 15 instances of benefits being released to approximately 64,000 Manitobans a participant received food from Harvest monthly (463,603 clients by appointment); 1,987 individuals participated in one or more Winnipeg Harvest training programs, 85% completion rate. Sources: Annual Reports 2013–2014, 2014– 2015, 2015–2016. • Sources of Funding: Manitoba Public Worker Advisor Office Insurance, Winnipeg Football Club, Sources: Manitoba Department of Labour Winnipeg Goldeyes, Manitoba Moose, and Immigration Annual Reports 2014–2014, Purolater, all mentioned as running 2014–2015, 2015–2016 successful donation drives. Donations are • Sources of Funding: Housed in the provided daily from grocery stores (Safeway, Manitoba Department of Labour and Peak of the Market) and other private Immigration

Justice starts here: A one-stop shop approach to justice in Manitoba 97 • Purposes/Services: The WAO “provides pro- • Advocate Representation (Claimant fessional and timely service to workers and Advisor Office): their dependents who require assistance – 2013–14: 62% of applicants (73% 2012/13; with their workers compensation claims.” 343 65% 2011/12) • Measurement Info: None reported – 2014–15: 62% of applicants – 2015–16: 62% of applicants • Use Statistics: – 2013–2014: Provided services to over • Unrepresented Individuals — No data 2,579 individuals: provided - 89% resolved by providing advice only; - Closed 255 files (49%) through an infor- Manitoba Human Rights Commission mal review and resolution process; and - Resolved 127 files through theWCB Sources: Annual Reports 2013–2014, 2014– appeal system (8% eight per cent at an 2015, 2015–2016 Rules on violations early intervention level; 43% at the more • Type of Hearings: of the Manitoba Human Rights Code by formal appeal level). employers, landlords and service providers – 2014–2015: Provided services to over regulated by Manitoba law. 2,712 individuals: - 89% resolved by providing advice only; • No data given on legal counsel, advocate and representation, or self-representation. - Closed 274 files: 148 (54%) following an • Files opened: appeal, 126 (46%) as no basis for appeal. – 2013/14: 382; – 2015–2016: Provided services to over – 2014/15: 372; and 2,300 people – 2015/16: 342. - 292 new files opened; and - 281 files closed — 174 closed after an appeal (52%) and 134 closed without Mental Health Review Board providing representation in an appeal Sources: Supplied when it was determined there was • Type of Hearings: Hearings to determine insufficient supporting evidence (48%) matter related to the treatment of individuals in psychiatric facilities in Manitoba Courts/Administrative Tribunals (whether an individual should be invol- Automobile Injury Compensation Appeal untarily admitted to a psychiatric facility, Commission whether the patient is mentally capable of Sources: Annual Reports 2013–2014, 2014– making treatment decisions, specified treat- 2015, 2015–2016 ment to be given to the patient, etc.). Deci- • Type of Hearings: Tribunal that hears sions of the Board may be appealed to court. appeals of Internal Review Decisions • No data given on legal representation, concerning benefits under the Personal advocate representation, or self- Injury Protection Plan of Manitoba Public representation. Insurance, as prompted by a claimant’s • Number of Applications: application for review of the decision by – 2013–14: 247, 19 Deemed their MPI case manager. – 2014–15: 231, 33 Deemed • Legal Counsel — No data provided – 2015–16: 239, 24 Deemed

98 canadian centre for policy alternatives — MANITOBA • Number of Hearings: – 2015–16: 364 appeals under Parts 1–8; 92 – 2013–14: 77, 19 Deemed buildings (482 rental units) under Part 9 – 2014–15: 81, 23 Deemed • Paralegal (LAM):345 – 2015–16: 73. 25 Deemed – 2014: 24 – 2015: 6 Residential Tenancies Branch – 2016 (to April): 4 Sources: Comprehensive Summary 2014– • Advocate (Landlord and Tenant): October 2016, Comprehensive Summary to – 2014: 3 April 2016, RTB Pilot Project Supplemental – 2015: 7 Report Materials – 2016 (to April): 2 • Type of Hearings: Hearings to resolve disputes between tenants and landlords Social Services Appeal Board under the Residential Tenancies Act. Sources: Annual Report 2015–2016, Appeals • Paralegal (LAM):344 Received by Disposition and Advocate Rep- – 2014: Applications: 493; LAM resentation, Fiscal Year 1516 (April 1st 2015– Applications: 151; Hearings parts 1–8: 35. March 31st 2016) and Fiscal Year 1617 (April – 2015: Applications: 376; LAM 1st 2016–October 24th 2017) Applications: 124; Hearings parts 1–8: • Type of Hearings: Appealing body for 28. (Note: LAM staff was reduced by one the majority of social services provided by from April 3, 2015 to January 1, 2016 the Department of Families in Manitoba (Adoption Agency Licensing, Rent Assist, owing to staff retirement) EIA, Community Living disABILITY – 2016 (to April): Applications: 194; LAM services, etc.). Decisions can be overturned Applications: 32 Hearings parts 1–8: 8. by the Board itself, or by the Manitoba • Advocate (Landlord and Tenant): Court of Appeal. – 2014: Applications: 694; LAM • Legal Counsel: Applications: 30; Hearings parts 1–8: 24. – April 1st 2016–October 24th 2016: 3/457 – 2015: Applications: 870; LAM (0.66%) Applications: 57; Hearings parts 1–8: 16. – April 1st 2015–March 31st 2016: 3/667 – 2016 (to April): Applications: 160; LAM (0.45%) Applications: 9; Hearings parts 1–8: 3. • Advocate Representation: • Number of unrepresented individuals – April 1st 2016–October 24th 2016: 95/457 not reported (20.79 %) – April 1st 2015–March 31st 2016: 115/667 Residential Tenancies Commission (17.24%) Sources: Annual Reports 2013–2014, 2014– • Unrepresented Individuals: 2015, 2015–2016. – April 1st 2016–October 24th 2016: • Type of Hearings: Hears appeals of 359/457 (78.55%) decisions of the RTB. – April 1st 2015–March 31st 2016: 549/667 • Number of appeals received: (82.31%) – 2013–14: 421 appeals under Parts 1 — 8; 84 buildings (523 rental units) under Part 9 Workers Compensation Appeal Commission – 2014–15: 367 appeals under Parts 1–8; 116 Sources: Annual Reports 2013–2014, 2014– buildings (772 rental units) under Part 9 2015, 2015–2016.

Justice starts here: A one-stop shop approach to justice in Manitoba 99 • Type of Hearings: Final level of appeal • Use Statistics: for the workers compensation system in – 2013–2014: 3,468 clients at 300+ legal Manitoba. It has exclusive jurisdiction clinics. over decisions made by the Worker’s – 2014–2015: 5,000+ clients at 400+ legal Compensation Board. clinics, 1408 IDs provided. • Legal Counsel: – 2015–2016: 42,906 calls, 3590 people – 2012–13: 9/158 (5.69%) attended legal clinics (963 provided – 2013–14: 7/142 (4.92%) with “brief services” and 1602 with “full – 2014–15: 7/137 (5.11%) services”), 729 IDs provided. • Advocate Representation (Union representative, Worker Advisor or Advocate): Sheldon Kennedy Child Advocacy Centre – 2012–13: 43/158 (27.22%) Sources: Report to the Community 2015–2018, – 2013–14: 53/142 (37.32%) Snapshot April 1, 2013–July 31, 2015 – 2014–15: 53/137 (38.69%) • Sources of Funding: Calgary Police • Unrepresented Individuals: Service, Province of Alberta, RCMP, – 2012–13: 105/158 (66.46%) Alberta Health Services, University of – 2013–14: 78/142 (54.93%) Calgary, Alberta Education, Alberta – 2014–15: 75/137 (54.74%) Ministry of Justice, Solicitor General Victims of Crime Fund, RBC, Enbridge Outside Manitoba Inc., City of Calgary, Department of Justice Calgary Legal Guidance: Canada, and private donations. “[To], investigate, Source: Annual Reports 2013–14, 2014–15, • Purposes and Services: 2015–16 intervene and provide treatment and • Sources of Funding: Alberta Law support for sexual abuse and the most Foundation (74%), Restricted Contributions severe cases of physical abuse and neglect.” (7%), City of Calgary FCSS (5%), United • Measurement Info: “A major initiative to Way of Calgary and Area (4%), Solicitor develop a robust evaluation framework and General Victims of Crime Fund (4%), Law key performance indicators, and to measure Society of Alberta (3%), Donations (1%), and social return on investment (SROI), was all other sources (2%). undertaken with KPMG. Preliminary SROI • Purpose and Services: “Calgary Legal data revealed the Centre had a demonstrable Guidance exists to provide legal assistance impact on productivity improvements and information to economically and so- among all partners, including improved cially disadvantaged persons who would not effectiveness and quality of service delivery” otherwise have access to such services.” 346 (Note: Report not available on their website). The services are provided to low-income • Use Statistics (April 2013-July 2015): Calgarians who do not qualify for Legal Aid. – 3,455 infants, children and youth cases These legal services range from criminal assessed (123 cases per month); 65% Sexual and civil law, family law, immigration law, Abuse (“TheSKCAC assesses all cases domestic violence assistance, social benefits of sexual abuse, so a higher percentage advocacy, and photo ID printing. of cases is reported than is seen in the • Measurement: None reported general population”); 21% Physical Abuse.

100 canadian centre for policy alternatives — MANITOBA Endnotes

8 1 Focus group at ThompsonYMCA (27 October 2016). Karen L. Dyck, Surveying the Landscape: Early Resolu- tion Legal Supports in Manitoba (Winnipeg: Manitoba 2 Parts I–III of the report consider what is meant by “access Law Foundation, 2014). to justice” generally, unique challenges faced by specific 9 groups in Manitoba, and an overview of legal services cur- City of Winnipeg, Population of Winnipeg (May 2017), rently available to low and middle-income Manitobans. online: City of Winnipeg, . Note: This figure rises to over 60% when 3 Cory Ghitter, et al, Innovating Regulation: A Collabora- the census metropolitan area (CMA) of Winnipeg (includ- tion of the Prairie Law Societies (2015), online: Law Soci- ing the City of Winnipeg, the municipalities of: West St ety of Saskatchewan [Ghitter, Springfield, Rosser, St Francois Xavier, St Clements, and Innovating Regulation]. Brokenhead First Nation) is considered. 4 Winnipeg Harvest Focus Group Participant. 10 Canadian Bar Association, Reaching Equal Justice Re- 5 Nisichawayasihk Cree Nation (NCN) Focus Group Participant. port: An Invitation to Envision and Act (November 2013), online: Equal Justice, Balancing the Scales , [CBA, Equal Justice] at 11. ration with “to fund the establishment of Indigenous law 11 institutes for the development, use, and understanding of These organizations were selected to speak with a group Indigenous laws and access to justice in accordance with of organizations that were diverse in terms of location, the unique cultures of Aboriginal peoples in Canada.” See: organizational model, mandates, and populations served. Truth and Reconciliation Commission, Calls to Action 12 CBA , Equal Justice, supra note 10. (Winnipeg, 2015), online: at 4-6. Everyday Legal Problems and the Cost of Justice in Can- 7 Manitoba Bar Association, Town Hall Meetings on Access ada Overview Report (2016), online: Canadian Forum to Justice: Report and Summary (2011), online: The Mani- on Civil Justice, < http://www.cfcj-fcjc.org/sites/default/ toba Bar Association, A Branch of the Canadian Bar Asso- files/Everyday%20Legal%20Problems%20and%20the%20 ciation , at 6–7 [Farrow, Everyday Legal tice-Final-Report-Manitoba-Bar-Association-2011.pdf > Problems]; Canadian Forum on Civil Justice, The Cost [MBA Town Halls on A2J]. of Justice: Weighing the Cost of Fair and Effective Resolu-

Justice starts here: A one-stop shop approach to justice in Manitoba 101 tion to Legal Problems (2012), online: Canadian Forum on The Law Society of Upper Canada , at 1, 3–6 [Cdn Society/Convocation_Decisions/2014/Self-represent- Forum, Cost of Justice]; Action Committee on Access to ed_project.pdf>, at 12. Justice in Civil and Family Matters, Access to Civil and 25 Trevor C W Farrow, et al, Addressing the Needs of Self- Family Justice: A Roadmap for Change (October 2013), Represented Litigants in the Canadian Justice System, online: Canadian Forum on Civil Justice , at 1-5 [Action Committee, Access to Forum on Civil Justice , at 66. cgi/viewcontent.cgi?article=2761&context=ohlj>; Ab Cur- 26 See Michael McKiernan, Law Times, supra note 13; rie, Nudging the Paradigm Shift: Everyday Legal Problems Kirsten Bernas, The View From Here 2015: Manitobans in Canada (3 October 2016), online: Canadian Forum Call For a Renewed Poverty Reduction Plan (January on Civil Justice < http://cfcj-fcjc.org/sites/default/files// 2015) Winnipeg: Canadian Centre for Policy Alterna- publications/reports/Nudging%20the%20Paradigm%20 tives, Manitoba and Canadian Community Economic Shift%2C%20Everyday%20Legal%20Problems%20in%20 Development Network – Manitoba, online: , at 42 [Currie, Nudg- www.policyalternatives.ca/sites/default/files/uploads/ ing the Paradigm Shift]; Michael McKiernan, “Lawyers publications/Manitoba%20Office/2015/01/View%20 integral in making justice accessible: McLachlin” Law from%20here%20v8%20low-res.pdf>, at 13 [Bernas, The Times (20 February 2011), online: Law Times < http:// View From Here]. www.lawtimesnews.com/20110221970/headline-news/ lawyers-integral-in-making-justice-accessible-mclachlin> 27 Armine Yalnizyan, The Rise of Canada’s Richest 1%(De - [McKiernan, Law Times]; Cromwell, Thomas, “Access to cember 2010), online: YWCA Canada < http://ywcacanada. justice: towards a collaborative and strategic approach” ca/data/research_docs/00000192.pdf>, at 3, cited by Jino (2012) 63 UNBLJ 38 at 39 [Cromwell, “Access to justice”]. Distasio & Andrew Kaufman, editors, The Divided Prairie City: Income Inequality Among Winnipeg’s Neighbourhoods, 14 Ibid, Cromwell, “Access to justice”. 1970–2010 (March 2015), online: Neighbourhood Change 15 Interview of the LSM, (28 November 2016). , at 8 ber 2016). [Distasio & Kaufman, Divided]. 17 Interview of the RTC, (09 December 2016). 28 Ibid, Distasio & Kaufman, Divided at 8. 18 Interview of the Manitoba Court of Queen’s Bench, (24 29 Winnipeg Harvest and Campaign 2000, Manitoba Child October 2016) and Family Poverty, REPORT CARD 2015: A Crisis that 19 Interview of the Provincial Court of Manitoba, (09 Jan- has Become Chronic, (24 November 2015), online: Win- uary 2017). nipeg Harvest < http://winnipegharvest.org/wp-content/ uploads/2017/03/Manitoba-Child-and-Family-Pover- 20 Interview of Winnipeg Harvest (18 June 2015); and the ty-Report-Card-2015.pdf>, at 14 [Harvest & Campaign NCN focus group (26 October 2016). 2000, Report Card 2015]. 21 The Cost of Justice Project is a large-scale Canadian study 30 There may not even be any lawyers in your community from the Canadian Forum on Civil Justice examining the and if you can afford a lawyer, you may have to hire a social and economic costs of inadequate access to justice lawyer from another town/city. in the areas of civil and family law. Cdn Forum, Cost of 31 Justice, supra note 13. Thompson YWCA Focus group (27 October 2016). 32 22 Farrow, Everyday Legal Problems, supra note 13 at 3. The ruralLAM offices are in Brandon, Dauphin, The Pas and Thompson. 23 McKiernan, Law Times, supra note 13. 33 NCN focus group (26 October 2016). 24 Dr. Julie Macfarlane, The National Self-Represented Liti- 34 gants Project: Identifying and Meeting the Needs of Self- Distasio & Andrew Kaufman, Divided, supra note 27. Represented Litigants, Final Report (May 2013), online: 35 Ibid at 10.

102 canadian centre for policy alternatives — MANITOBA 36 Elliot Leven, “Plain and simple will boost access to jus- 52 Legal Help Centre of Winnipeg Inc., Telling Our Sto- tice” Canadian Lawyer (12 October 2015), online: Cana- ries, Annual Report to Members (2015/16), online: Legal dian Lawyer < http://www.canadianlawyermag.com/5779/ Help Centre . loads/2016/09/LHC_Annual-Report_2015-16.pdf>, at 8 37 Canadian Radio-Television and Telecommunications [LHC Report 2016]. Commission, CRTC Submission to the Government of 53 Community Legal Education Association, Empower- Canada’s Innovation Agenda, (21 December 2016), on- ing Manitobans to Understand the Law, Annual Report line: Canadian Radio-television and Telecommunications (2015–2016), online: Community Legal Education Asso- Commission , at 7. uploads/CLEA-2015-16.pdf>, at 3. 38 Ibid at 7-8. 54 LHC Report 2016, supra note 52 at 6–7. 39 Ibid at 18. 55 Manitoba Law Reform Commission, Improving the Small Claims System in Manitoba (February 2017), online: 40 Manitoba Keewatinowi Okimakanak Inc, Submission to Manitoba Law Reform Commission , at 13 Commission in Telecom Notice of Consultation CRTC [MLRC, Smalls Claims]. 2015-134, Review of basic telecommunications services 56 (1 February 2016) at 1, 2, 10, and 15. The Court of Queen’s Bench Small Claims Practices Act, CCSM c C285. 41 Ibid at 2, 3 and 9. 57 MLRC , Small Claims, supra note 55 at 31–32 and 41–43. 42 Farrow, Everyday Legal Problems, supra note 13; Currie, 58 Nudging the Paradigm Shift, supra note 13. This issue was also flagged by the MLRC in 2012. The Com- mission noted there was an absence of statistical data in 43 Action Committee, Access to Civil and Family Justice, Manitoba with respect to the number of self-represented supra note 13 at 13. parties in the justice system and that an up-to-date em- 44 Farrow, Everyday Legal Problems, supra note 13 at 16. pirical study of the legal needs of Manitobans would be an For further discussion using the same data set, see Ab important first step in tailoring solutions to the problem Currie, Nudging the Paradigm Shift, supra note 13; and, of access to justice; Manitoba Law Reform Commission, Noel Semple, “The Cost of Seeking Civil Justice in Can- Access to Justice: Issue Paper No. 1 (8 March 2012), online: ada”, online: (10 June 2016), 93:3, SSRN, at 639-673, [Semple, “The Cost of tobalawreform.ca/pubs/pdf/additional/issue_paper_ac- Seeking Justice”]. cess_justice.pdf>, at 8. 45 Hryniak v Mauldin, 2014 SCC 7. 59 Examples of the type of central body already in existence 46 Ibid at paras 1–2. that could be tasked with such a responsibility include but are not limited to: a designated government depart- 47 The “private costs” of civil justice are the monetary, tem- ment such as Manitoba Justice, the LSM as the regulator poral, and psychological costs associated with the civil of the legal profession, or the MLF as a major funder of justice system. They can be contrasted with the “public many legal service providers. costs” of civil justice such as judicial salaries and court 60 budgets. Harvest & Campaign 2000, Report Card 2015, supra note 29 at 2 and 5. 48 Semple, “The Cost of Seeking Justice”,supra note 44. 61 Canadian Centre for Policy Alternatives, Shameful Ne- Note that the civil justice system includes negotiations glect: Indigenous Child Poverty in Canada (May 2016), and mediations in addition to the court process. online: Canadian Centre for Policy Alternatives , at 15. to transactions or efforts to comply with regulation”. 62 Canada Social Report, Social Assistance Summaries, See ibid at 642. Manitoba, 2016 (April 2017), online: Canada Social Report 50 Ibid at 646–647. < http://www.canadasocialreport.ca/SocialAssistance- 51 Ibid at 658–665. Summaries/MB.pdf>, at 3.

Justice starts here: A one-stop shop approach to justice in Manitoba 103 63 Anne Tweddle, Ken Battle & Sherri Torjman, Welfare in www.homelesshub.ca/sites/default/files/Thompson%25 Canada, 2015 (November 2016), online: Caledon Insti- 20Pit%2520Count%25202015_May1.pdf>. tute of Social Policy < http://www.caledoninst.org/Pub- 74 Bernas, The View From Here, supra note 26 at p 16. lications/PDF/1109ENG.pdf>, at 41. 75 Ibid, at 17. 64 Province of Manitoba, Budget 2017, “Responsible Recov- 76 ery, Manitoba Budget 2017”, (2017), online: Province of Ibid. Manitoba, < http://www.gov.mb.ca/budget2017/>; and 77 Ibid. Josh Brandon, “Provincial budget reveals no plan for cut- 78 Jim Silver, About Canada: Poverty (Winnipeg: Fernwood ting the social deficit”, (19 April 2017), online: Know Pov- Publishing, 2014), at p 3-4 [Silver, About Canada]. erty, Make It History . 80 In this report, the term “Indigenous” includes First Na- 65 Winnipeg Harvest, Inc., Annual Report 2015–2016, (2015- tions, Metis and Inuit people. While not synonymous, 2016), online: Winnipeg Harvest < http://winnipeghar- for the purposes of this report direct quotations that use vest.org/wp-content/uploads/2016/05/FINAL-Annual- the term “Aboriginal” can also be understood to encom- Report-2015-2016-single-page-PDF.pdf>, at 13. pass First Nations, Metis, and Inuit people. 81 66 Food Banks Canada, HungerCount 2015, A comprehen- Statistics Canada, Aboriginal Peoples in Canada: First sive report on hunger and food bank use in Canada, and Nations people, Métis and Inuit, (15 September 2016), recommendations for change, (2015), online: Winnipeg online: Statistics Canada . loads/2011/04/HungerCount2015_singles.pdf>, at 1. 82 Indigenous and Northern Affairs Canada, First Nations in 67 Bernas, The View From Here, supra note 26 at 13. Manitoba, (16 July 2014), online: Indigenous and North- ern Affairs Canada . 69 Ibid, at 14. 83 Billie Allan and Janet Smylie, First Peoples, Second Class 70 Ibid, at 15. Treatment: The Role of Racism in the Health and Well- 71 Ibid. Being of Indigenous Peoples in Canada, (2015), online: 72 Ibid. Wellesley Institute < http://www.wellesleyinstitute.com/ wp-content/uploads/2015/02/Summary-First-Peoples- 73 In Winnipeg, 71.1% of respondents in Winnipeg Street Second-Class-Treatment-Final.pdf>. Census 2015 identified as Indigenous (of those identify- 84 ing as Indigenous, 68.9% were First Nations, 21.7% were Public Inquiry into the Administration of Justice and Abo- Metis, 8.9% were Non-Status or had some Aboriginal riginal People, Report of the Aboriginal Justice Inquiry of Ancestry, and 0.5% were Inuit), Winnipeg Street Cen- Manitoba (Winnipeg: The Aboriginal Justice Implemen- sus, Winnipeg Street Census 2015, Final Report (2016), tation Commission, 1991) Vol 1 at chapter 1 [AJI Report]. online: Winnipeg Street Census . In Brandon, 50-60% Juries (February 2013), online: Ontario, Ministry of the of those seeking shelter services have some Aboriginal Attorney General [Iacobucci, First Nations]. of Choice (2013), online at: Brandon & Rural Manitoba 86 Nancy Macdonald, “Canada’s prisons are the ‘new resi- Homelessness . In Thompson, 94.4% of respondents in the ons-are-the-new-residential-schools/>. 2015 Point in Time Survey identified as Aboriginal, and 87 nearly two-thirds were originally from another com- Iacobucci, First Nations, supra note 85. munity in Northern Manitoba, Marleny Bonnycastle, 88 Truth and Reconciliation Commission, Canada’s Residen- Maureen Simpkins, Colin Bonnycastle, Mark Matiasek, tial Schools: Reconciliation, Final Report of the Truth and and Becky Cook, Thompson, Manitoba homeless point Reconciliation Commission of Canada (Montreal & King- in time count (2015), online: The Homeless Hub < http:// ston: McGill-Queen’s University Press, 2015) vol 6, at 48.

104 canadian centre for policy alternatives — MANITOBA 89 Office of the Correctional Investigator,Annual Report of 102 Citizenship and Immigration Canada, “#WelcomeRef- the Office of the Correctional Investigator 2015–16 (2015- ugees: Canada resettled Syrian refugees” (4 May 2017), 2016), online: Office of the Correctional Investigator, online: Government of Canada . annrpt20152016-eng.pdf> [OCI, Annual Report 2015–16]. 103 Jill Bucklaschuk & Ray Silvius, “UNSPUN: Supporting 90 Manitoba, Saskatchewan, Alberta, and the Northwest Refugee Resettlement Beyond the Syrian Rufugee Cri- Territories. sis” (16 April 2016), online: Canadian Centre for Policy 91 OCI , Annual Report 2015–16, supra note 89. Note that in Alternatives . tution is even higher — 65%, see Macdonald, “Canada’s 104 Ibid. prisons” supra note 86. 105 Ed Pilkington, “Donald Trump: ban all Muslims enter- 92 Macdonald, ibid. ing US” The Guardian (8 December 2015), online: The 93 Silver, About Canada, supra note 78 at 230–31. Guardian . 1 at chapters 6 and 8. 106 As reported by the CBC, many suggest that the Safe 95 Between 1995–2014 139, 507 permanent residents settled Third Country Agreement between Canada and the in Winnipeg. Manitoba Labour and Immigration, Mani- US is a primary driver for those crossing into Manitoba toba Immigration Facts, 2014 Statistical Report (2015), on- from the US somewhere other than a controlled border line: Manitoba Labour and Immigration at 32. See also Citizenship and Immigration Canada, country they arrive in (i.e. the US). However, one of the Research and Evaluation Branch, Facts and Figures, Im- exceptions is that a refugee claim can be made if a per- migration Overview, Permanent and Temporary Residents son has arrived in Canada somewhere other than at a (2004), online: Qspace . line: CBC . Evaluation Branch, Canada Facts and Figures, Immi- 107 Kelly Malone, “Tempers flare in Manitoba border town gration Overview, Permanent Residents, (2014), online: after Conservative MPs visit” CBC News (5 May 2017), Government of Canada . toba/ted-falk-michelle-rempel-emerson-asylum-seek- 97 Ibid at 36; Manitoba Labour and Immigration, Manitoba ers-1.4101393>. Immigration Facts, 2014 Statistical Report (2015), online: 108 Kelly Malone, “From Somalia to Manitoba: A look at at 3 [MB Immigration Facts, 2014]. 2017), online: CBC . 99 Ibid. 109 Ibid. 100 Lindsay Larios, They have stood by me: Supporting Ref- 110 Michael Barutciski, The Impact of the Lack of Legal Rep- ugee Families in Winnipeg (April 2014), online: Cana- resentation in the Canadian Asylum Process (6 November dian Centre for Policy Alternatives Manitoba . Supports%20in%20Wpg_0.pdf>. 111 Steve Lambert, “Manitoba, feds at odds over refugee 101 Manitoba Interfaith Immigration Council Inc, Annual funding amid influx of asylum seekers”The Star (29 April Report 2014–2015 (2014-2015), online: Manitoba Inter- 2017), online: The Star . canada/2017/04/29/manitoba-feds-at-odds-over-refugee-

Justice starts here: A one-stop shop approach to justice in Manitoba 105 funding-amid-influx-of-asylum-seekers.html> [Lambert, can.gc.ca/pub/71-543-g/71-543-g2012001-eng.htm>. Note “MB, feds at odds”]. that Statistics Canada defines involuntary part-time 112 Carol Sanders, “‘Dramatic’ cut to refugee funding” Win- workers as individuals who work less than 30 hours per nipeg Free Press (31 March 2017), online: Winnipeg Free week at their main job because of poor business con- Press . more hours. It is important to note that this definition attempts to exclude those who are working part time 113 Brett Purdy, “Newcomers learning English call on govern- because of personal choice and who may not be expe- ment to stop proposed cuts to Winnipeg EAL program” riencing the same kind of marginalization within the CBC News (3 March 2017), online: CBC News . Mathieu Bédard, “The Shifting Geography of Precari- ous Employment in Canada” Department of Geography, 114 Lambert, “MB, feds at odds” supra note 111. McGill University, BA Honours Thesis (March 2015), on- 115 IRCOM and Social Planning Council focus groups. line: McGill , health” (2017), online: World Health Organization . years and over realize consistently lower unemployment rates than young workers. For both age groups, 117 Alex Hutchinson, “The People’s Court, Doctors are paid unemployment rates spike significantly three times for through our taxes. Why not lawyers? Alex Hutchin- during this period. Each sudden increase corresponds son examines a case for universal legal care” The Wal- to a recession: the recessions that occurred in the early rus (12 September 2008), online: The Walrus . Following each crisis, young workers experienced dis- 118 Ab Currie, “Civil Justice Problems and the Disability and proportionately high unemployment rates compared to Health Status of Canadians” (2007) 21:2 J L & Soc Pol’y the greater labour force.” 31, online: Osgoode Hall Law School. 126 Law Commission of Ontario, Vulnerable Workers and 119 Coumarelos, et al, Law and disorders: illness/disabil- Precarious Work Final Report (December 2012), online: ity and the experience of everyday problems involv- Law Commission of Ontario . templates/justiceissues/$file/JI17_LawAndDisorders_ 127 FINAL_web.pdf>. Sarah Slinn & Eric Tucker, “Voices at Work in North America: Introduction” (2005) 50:4 Osgoode Hall 120 Lora M Patton, “Providing Services to Clients with Se- LJ 1, online: Osgoode Hall Law School . Soc Pol’y 18, online: Osgoode Hall Law School . Canada’s Employment Insurance system undermines inner-city and Aboriginal workers (December 2012), on- 121 Ian Skelton & Richard Mahé, We got evicted... did I leave line: Canadian Centre for Policy Alternatives . dermines_0.pdf> [Smirl & Fernandez, Losing Ground]. 122 Interview of MHRB (8 November 2016). 129 Canadian Labour Congress, “Canadian Labour Con- 123 Letter from Eleanore MacMahon, Administrator, MHRB gress: El is Broken, It’s Time to Fixt it! (28 April 2009), to Tim Valgardson, Chair, Board of Directors of LAM online: Marketwired , cited in Smirl & Fernan- vey” (2012), online: Statistics Canada < http://www.stat- dez, Losing Ground, supra note 128 at 3.

106 canadian centre for policy alternatives — MANITOBA 130 Maire Sinha, Measuring violence against women: Statis- da . for Justice Statistics . 139 Province of Manitoba, Family Violence Prevention Pro- 131 Ibid, at 13. gram, “What is Family Violence?”, online: Province of 132 Marta Burczycka & Shana Conroy, Family Violence in Manitoba . Canada: A Statistical Profile, 2015 (16 February 2017), 140 Ibid. online: Statistics Canada [Burc- Witness Manitoba . zycka & Conroy, Family Violence]. 142 Interview of A Women’s Place (10 July 2015). 133 Between 1980 and 2012, 49% of female homicide victims 143 were Indigenous, while only 16.7% of people in Manitoba MANSO Brief, supra note 136, relying on the work of are Indigenous. Royal Canadian Mounted Police, Missing Anahid Kulwicki, et al, “Barriers in the Utilization of and Murdered Aboriginal Women: A National Opera- Domestic Violence Services Among Arab Immigrant tional Overview (2014), online: Royal Canadian Mount- Women: Perceptions of Professionals, Service Provid- ed Police . ily Violence 727. 144 134 Statistics Canada generally refers to “family” as a rela- See The Legal Profession Act, CCSM c L107, in particu- tionship defined through blood, marriage, common-law lar s 20-21 [LPA]. partnership, foster care or adoption; “family violence” 145 Alison MacPhail, Report of the Access to Legal Services refers to violent criminal offences where the perpetra- Working Group (May 2012), online: Federation of Law tor is a family member of the victim, as defined above. Societies of Canada , at 10 [MacPhail, Report]. 135 For example: peace bonds, protection orders and pre- 146 Ghitter, Innovating Regulation, supra note 3 at 4. vention orders. 147 See LPA, supra note 144, in particular s 20-21. 136 Manitoba Association of Newcomer Serving Organi- 148 Interview of the LSM, (28 November 2016). zations, MANSO Brief to House of Commons Standing 149 These statistics are shared for the purposes of providing Committee on the Status of Women, Violence against the reader with a sense of the type of data that is currently Young Women and Girls in Canada (September 2016), available. It is of limited value for the purposes of com- online; Elmwood Resource Centre < http://elmwood- parison given the lack of uniformity in data collected. crc.ca/wp-content/uploads/2016/12/MANSO-Brief-to- 150 House-of-Commons-Standing-Committee-on-the-Sta- Legal Aid Manitoba, Annual Report 2015/16, Delivering tus-of-Women.pdf> [MANSO Brief], relying on the work Access to Justice for Low-Income Manitobans (2015– of Janine Bramadat, The Role of Canadian Laws and 2016), online: Legal Aid Manitoba , at 5 [LAM, An- against Newcomer Women in Manitoba (2015), online: nual Report 2015/16]. University of Manitoba ; Esther Blum, et tion. When asked where they would go for help navigat- al, “Immigrant and Refugee Women’s Action Against ing the legal system, most focus groups identifiedLAM Violence: A Prevention Strategy” in Christine A Ateah as one of their options. & Janet Mirwaldt, eds, Within our Reach: Prevention of 152 The Legal Aid Manitoba Act, CCSM, c L105 [LAM Act]. Family Violence across the Lifespan (Winnipeg: Fern- 153 Ibid, at s 2.1(1). wood, 2014); and Louise Simbandumwe, et al, “Family violence prevention programs in immigrant communi- 154 LAM , Annual Report 2015/16 at ii. ties: perspectives of immigrant men” (2008) 36:7 Journal 155 Legal Aid Manitoba, “Types of Cases Covered” (11 July of Community Psychology 899-914. 2016), online: Legal Aid Manitoba . Canada, 2014 (28 June 2016), online: Statistics Cana- 156 Ibid.

Justice starts here: A one-stop shop approach to justice in Manitoba 107 157 Farrow, Everyday Legal Problems, supra note 13 at 7–8. 168 Ibid. The results of this study are national in scope and did 169 Legal Aid Manitoba, “Annual Reports” (18 October 2016), not include dis-aggregated regional results. With the online: Legal Aid Manitoba . as reported by service providers like CLEA and LHC, one 170 For more information about how LAM determines “le- might assume that family matters are more frequently gal merit” for the purposes of its application process, see occurring “everyday legal problems” in Manitoba as LAM, “Area Directors’ Manual”, supra note 158. compared to the national average. However, without any Manitoba-specific needs assessment, it is difficult to say 171 Lorne Sossin, “The Public Interest, Professionalism, and whether there are more family matters, or whether the Pro Bono Publico” (2008), 46 Osgoode Hall LJ 131 [Sossin, high volume of inquiries speaks to the number of pro- “Public Interest”]. Sossin explains, at page 132, that “There grams available, or the propensity of people to reach out is no definition of “pro bono” with which everyone would for legal assistance around family matters as compared agree. At its broadest, “pro bono publico” may be defined to other kinds of “everyday legal problems.” as legal work done without compensation for the public good. Many would define the term more narrowly, as non- 158 For more information on PILC’s case selection criteria, compensated legal representation on behalf of the poor.” see Legal Aid Manitoba, “Area Directors’ Manual” (1 April 2009), online: Legal Aid Manitoba century, and is generally used to refer to the practice of [LAM “Area Directors’ Manual”]. offering reduced legal fees as a means for making legal 159 LAM Act, supra note 152. services available and affordable for those who cannot afford market rates. It is more than simply offering a 160 For example, the tariff rate under Part 2 (Criminal Mat- discount on services rendered – it is meant to take into ters) for a guilty plea before a hearing ranges from $450 account the financial constraints and legal needs of to $1,250 depending on the nature of the offence. The those with average means. For a discussion on the evo- tariff rate under Part 3 (Civil Matters) for preparing lution of the term “low bono”, see Luz E Herrera, “En- an affidavit is $80 per hour up to a maximum of $270. couraging the Development of “Low Bono” Law Prac- 161 Legal Aid Manitoba, “University of Manitoba Commu- tices” (2014) 14:1 University of Maryland Law Journal nity Law Centre” (19 April 2017), online: Legal Aid Man- of Race, Religion, Gender and Class 2, online: . cgi?article=1229&context=rrgc>. 162 LAM, Annual Report 2015/16, supra note 150 at 10. 173 McKiernan, Law Times, supra note 13. 163 Legal Aid Manitoba, “Who Qualifies Financially” (27 174 Sossin, “Public Interest” supra note 171 at 135. November 2015), online: Legal Aid Manitoba LAM[ , “Who Qualifies Financially”]. tifying pro bono on public interest grounds is the rule of law. Everyone should be subject to similar legal rules and 164 In April 2014, LAM began providing legal aid without have similar legal rights. It is unfair and unjust that some charge to people in the Partial ATP program and in Octo- are unable to enforce legal rules and unable to assert le- ber, 2014, it extended coverage without charge to people gal rights simply because they lack the financial means to in the Full ATP program. On November 24, 2014, LAM retain a qualified lawyer. By providing pro bono services, announced that the practice of funding the ATP program lawyers fill this gap and ensure that the rule of law governs. would continue indefinitely. Prior to that date, funding 176 for the ATP program was at the discretion of LAM’s Ex- MBA Town Halls on A2J, supra note 7. ecutive Director. Legal Aid Manitoba, “Notice to the 177 Ibid. Profession 25-2015” (November 2014), online: Legal Aid 178 That being in the range of $35,000 gross annual income Manitoba . for a single individual to $60,000 gross annual income 165 LAM , “Who Qualifies Financially”, supra note 163. for a family of 6 or more. 166 Legal Aid Manitoba, “Paying Back Legal Aid” (11 May 179 Law Society of Manitoba, “Family Law Access Centre”, 2016), online: Legal Aid Manitoba . ciety.mb.ca/for-the-public/family-law-access-centre> 167 Ibid. [LSM, “Family Law Access Centre”].

108 canadian centre for policy alternatives — MANITOBA 180 FLAC reports that of the 67 individuals whose applica- 194 The Manitoba Public Insurance Corporation Act, CCSM tions were approved, 4 individuals did not finalize their c P125 [MPI Act]. service agreements. 195 MB, “What is the CAO?” supra note 191; Interview of 181 Interview of Family Law Access Centre (16 June 2015). Claimant Advisor Office (25 October 2016). 182 LSM , “Family Law Access Centre” supra note 179. 196 MPI Act, supra note 192. 183 Interview of FLAC (16 June 2015). 197 Interview of CAO (25 October 2016). 184 The Law Society of British Columbia, 2016 Report on Per- 198 Ibid. formance (2016), online: The Law Society of British Co- 199 Ibid. lumbia . 201 Interview of CAO (25 October 2016). 185 According to its Annual reports, in 2015–16, CLEA hosted 51 speaking events that attracted a total of 794 202 Province of Manitoba, Consumer Protection, “Annual attendees. In previous years, CLEA hosted 70 events for Reports”, online: Province of Manitoba, . Automobile Injury tendees (2013–14). Community Legal Education Asso- Compensation Appeal Commission, Annual Report ciation, “Publications”, online: Community Legal Edu- 2013–2014, online: Province of Manitoba . pdf>; Automobile Injury Compensation Appeal Com- 186 CLEA also regularly hosts legal information events. One mission, Annual Report 2014–2015, online: Province to two times per year, CLEA offers the Community Legal of Manitoba ; Automobile In- as “a program for individuals who are often called upon jury Compensation Appeal Commission, Annual Re- to help others in the community with legal problems, port 2015–2016. whether in the role of a worker, friend or community 203 The Workers Compensation Act, CCSM c W200. leader.” The program provides participants with basic 204 Province of Manitoba, Growth, Enterprise and Trade, knowledge about Canadian laws and the legal system, “Worker Advisor Office”, online: Province of Manitoba and provides information about the role they can play as . “legal intermediaries.” Enrollment for the CLI Training 205 Ibid. course has been limited to 10 people per course, based 206 on the number of people that CLEA can accommodate Ibid. in its boardroom. 207 Interview of WAO (26 September 2016). 187 Legal Help Centre, “Legal Help Centre Homepage” (2010), 208Province of Manitoba, Residential Tenancies Branch, online: Legal Help Centre, . “Are You a Tenant or Landlord?”, online: Province of 188 Ibid. Manitoba . 209 189 Ibid. Residential Tenancies Branch, “Independent Advi- sor Program”, online: Province of Manitoba, < https:// 190 Community Unemployed Help Centre, Year in Review www.gov.mb.ca/cca/rtb/ot/rtbnewsletters/opendoor_ (2015) [unpublished]; Community Unemployed Help june2011_issue22.pd>. Centre, Year in Review (2016) [unpublished]. 210Ibid. 191 According to their representative, Infojustice’s funding is guaranteed until March 31, 2018. 211 Interview of RTB (4 June 2015). 192 Office of the Commissioner of Official Languages,The 212 We do not claim this to be an exhaustive or necessar- French Presence in Manitoba, Online: http://www.offi- ily representative sample. Participating organizations ciallanguages.gc.ca/en/statistics/infographics/french- include those who we have come across in our profes- presence-manitoba. sional and academic work and there may be others who may have meaningful insight that could be canvassed. 193 Province of Manitoba, Consumer Protection, “What is the Claimant Adviser Office?”, online: Province of 213NorWest Co-Op Community Health, “A Woman’s Place”, Manitoba [MB, online: NorWest Co-Op Community Health .

Justice starts here: A one-stop shop approach to justice in Manitoba 109 214 Interview of NorWest Co-Op Community Health (10 228 See for Example: Province of Manitoba, Manitoba Budget July 2015). 2017, (2017), online: Province of Manitoba, ; Jes- nipeg, 2014–15 Annual Report (2014–2015), online: Cana- sica Botelho-Urbanski, “Non-profits issue layoff notices dian Mental Health Association, Manitoba and Winnipeg ahead of Manitoba budget, anticipating funding cuts”, , at 7. metronews.ca/news/winnipeg/2017/03/20/charities-issue-layoff-notices-ahead-of-provincial-budget.html>; 216 Canadian Mental Health Association, Manitoba and Win- and Leslie McLaren, Sean Kavanagh, “Funding dispute nipeg, 2013–14 Annual Report (2013–2014), online: Cana- prompts rally at North Point Douglas Women’s Centre”, dian Mental Health Association, Manitoba and Winnipeg (25 May 2017), online: CBC News , at 5. s-centre-funding-cuts-1.4133645>. 217 Canadian Mental Health Association, Manitoba and 229 The Manitoba Law Foundation, “Home”, (2017), online: Winnipeg, 2014–2015 Annual Report (2014–2015), on- The Manitoba Law Foundation, . and Winnipeg , at 7. PILC. See: The Manitoba Law Foundation,Annual Re- port 2015/2016, (2015–2016), online: The Manitoba Law 218 Canadian Mental Health Association, Manitoba and Foundation . line: Canadian Mental Health Association, Manitoba 231 and Winnipeg , at 3. 232 Ibid. 219 Independent Living Resource Centre, Annual Report 233 Ibid. 2013–2014 (2013–2014), at 15. 234 Carol Grose, Beyond Skills Training, Revisited: The Clini- 220 Independent Living Resource Centre, Annual Report cal Education Spiral, online: (22 March 2013), 19:2, NYU 2014–2015 (2014–2015), online: Independent Living Re- LAW, at 513, , at 17. Training.pdf>. 235 221 Independent Living Resource Centre, Annual Report Jane H. Aiken, Teaching and Doing: The Role of Law School 2015–2016 (2015–2016), online: Independent Living Re- Clinics in Enhancing Access to Justice, online: (March source Centre, , at 17. . 222 Interview of FACES (6 November 2015). 236 Darin Thompson, “Creating New Pathways to Justice 223 Interview of FACES (6 November 2015). Using Simple Artificial Intelligence and Online Dispute 224 Manitoba Schizophrenia Society, “About Us” (2017), Resolution”, (2015) 1:2 International Journal of Online online: Manitoba Schizophrenia Society . . 237 226 Tenant Landlord Cooperation Program, “Final Report to Ibid at 8. Neighbourhoods Alive!, April 1, 2015–March 31, 2016” 238 James E Cabral, et al, “Using Technology to Enhance (14 September 2016) at p 2. Access to Justice” (2012) 26:1 Harvard Journal of Law & 227 Disruptions needs not be negative. See for example, Technology 243, online: Harvard Law . as first explored in Clayton Christensen, The Innovator’s 239 Bell Canada Enterprises, News Releases, “Bell and MTS Dilemma, (Boston: Harvard Business Review Press, 1997). to complete wireless coverage on Manitoba Highway 75”

110 canadian centre for policy alternatives — MANITOBA (20 May 2016), online: Bell Canada Enterprises . means. LAM has introduced an online application form 240 Bell Canada Enterprises, News Releases, “Bell and MTS with the intention that it will be made available to other to expand broadband services in Northern Manitoba” service providers and ultimately the public. (7 July 2016), online: Bell Canada Enterprises . 262 Interview of LHC (8 June 2015, 13 July 2015). 241 Bell Canada Enterprises and Manitoba Telecom Ser- 263 Interview of Manitoba Court of Appeal (13 October vices, Inc, “Manitoba Telecom Services: Bell and MTS 2016); Interview of NECRC (3 June 2015, 23 June 2015). to expand LTE wireless service in Glenboro” (26 August 264 Interview of University of Winnipeg (28 October 2016). 2016), online: 4-traders . 267 Interview of Manitoba Low Income Intermediary Pro- 242 Interview of LAM (18 October 2016). ject (19 June 2015). 243 211 Manitoba, “About”, online: 211 Manitoba . 269 Ibid. 244 Ibid, and 211 Manitoba, “FAQ”, online: 211 Manitoba 270 Interview of CMHA Manitoba (15 June 2015). . 271 Interview of MHRC (20 October 2016) 245 MacPhail, Report, supra note 145 at 5–10. 272 Interview of LAM (18 October 2016). 246 Ibid at 7–8. 273Interview of John Howard Society (18 October 2016). 247 Ibid at 8–10. 274 Interview of EUTC (25 Jun 2015). 248 Ibid at 10. 275 Winnipeg Harvest focus group (8 September 2015). 249 In BC, “strata housing” refers to a kind of housing and 276 Ibid. property arrangement that includes condos, townhous- 277 es, duplexes, and even singles family homes in bare land IRCOM focus group (28 September 2016). strata corporations known as “strata subdivisions”. For 278 Eagle’s Nest focus group (4 October 2016). more information see online: . 280 IRCOM focus group (28 September 2016); Eagle’s Nest 250 Civil Resolution Tribunal, “CRT Overview”, online; Civ- focus group (4 October 2016); and the Social Planning il Resolution Tribunal . 281 IRCOM focus group (28 September 2016); and Eagle’s 251 Ibid. Nest focus group (4 October 2016). 252 Ibid. 282 Winnipeg Harvest focus group (8 September 2015). 253 Jostein Askim, et al, “One-Stop Shops for Social Wel- 283 IRCOM focus group (28 September 2016). fare: The Adaptation of an Organizational Form in the 284 Three Countries” (2011) 89:4 Public Administration 1451. Eagle’s Nest focus group (4 October 2016). 285 254 Calgary Legal Guidance, “Programs & Services” (2017), Ibid. online: Calgary Legal Guidance . 287 Winnipeg Harvest focus group (8 September 2015); So- 255 Interview of SSAB (13 October 2016 and 24 October 2016). cial Planning Council focus group (20 October 2016). 256Interview of MHRB (8 November 2016). 288 Dauphin Friendship Centre focus group (16 October 2016). 257 Ibid. 289 Dauphin Friendship Centre focus group (16 October 2016).

Justice starts here: A one-stop shop approach to justice in Manitoba 111 290 NCN focus group (26 October 2016). 316 Interview of CUHC (20 May 2015). 291 Economies of scale are factors that cause the average 317 Interview of CLEA (26 May 2015). cost of producing something to fall as the volume of its 318 The interviews with the institutional stakeholders and output increases. “Economies of scale and scope”, The service providers contain a number of specific exam- Economist, (20 October 2008), online: . relationships. For instance, the SSAB has an open line 292 Interview of CLEA (26 May 2015). of communication with organizations such as CUHC, CMHA Winnipeg and the Assembly of Manitoba Chiefs 293 Jim Silver, “Complex Poverty and Home-grown Solutions to discuss problems or issues that may arise. The John in Two Prairie Cities” in Sharon McKay, Don Fuchs, and Howard Society has developed a number of strategic Ivan Brown, eds, Passion for Action in Child and Family partnerships with organizations such as the Elizabeth Services, Voices from the Prairies, (Regina; Canadian Pa- Fry Society and Opportunities for Employment. Simi- lins Research Center, 2009) 227 at 236, online: Canadian larly, the EUTC works closely with Aboriginal organiza- Child Welfare Research Portal . Mawi Wi Chi Itata Centre. CUHC and LHC have partnered 294 Interview of FLAC (16 June 20015). to have CUHC deliver its services from the LHC location 295 Interview of FACES (6 November 2015); Interview of two half days per month. Lastly, an example of a formal CLEA (26 May 2015); Interview of LHC (8 June 2015, 13 partnership that created a new legal service provider is July 2015). the one between the University of Winnipeg and the LHC. 296 Interview of FACES (6 November 2015). 319 Specifically, Call to Action 45 requires the respect for 297 Interview of CLG (21 July 2015); and Interview of Uni- Indigenous laws and legal traditions and treaties, and versity of Winnipeg (28 October 2016) Call to Action 50 requires the federal government, in collaboration with “to fund the establishment of Indigenous 298 The interviewee is referring to a combination of shelter law institutes for the development, use, and understand- and in-person legal services. ing of Indigenous laws and access to justice in accord- 299 Interviews of ILRC (17 October 2016). ance with the unique cultures of Aboriginal peoples in 300 Interview of LHC (8 June 2015, 13 July 2015). Canada.” See: Truth and Reconciliation Commission, Calls to Action (Winnipeg, 2015), online: at 4–6. 302 Interview of CUHC (20 May 2015). 320 Sarah Buhler, “The View From Here: Access to Justice and 303 Interview of CLEA (26 May 2015). Community Legal Clinics” (2012) 63 UNB LJ 436 at 439–40. 304 Interview of Aboriginal Legal Services Toronto (27 321 Susan D Bennett, “On Long-Haul Lawyering” (1998) 25 August 2015). Fordham Urb LJ 771 at 773. 305 Interview of LHC (8 June 2015, 13 July 2015). 322 Infojustice is not included in this round-up of available 306 Interview of the Workers Compensation Appeal Com- statistics as they have not been operating for a full year mission (25 October 2016). at the time of publication. Statistics with respect to In- fojustice’s services to date are under the section on In- 307 Interview of SSAB (13 October 2016 and 24 October 2016). fojustice within Community Legal Service Providers. 308 Interview of LHC (8 June 2015, 13 July 2015). 323 Anxiety Disorders Association of Manitoba, “Our Mis- 309 Interview of CLEA (26 May 2015). sion and Vision” (2017), online: ADAM . mission (25 October 2016). 324 Community Legal Education Association, “Mission 311 Interview of CUHC (20 May 2015). Statement” (2017), online: CLEA . 312 Interview of FLAC (16 June 2015) and Interview of LHC 325 (8 June 2015, 13 July 2015). Canadian Mental Health Association Manitoba and Winnipeg, Annual Report 2015–2016 (2015–2016), on- 313 Interview of UCN (3 November 2016). line: Canadian Mental Health Association Manitoba 314 Interview of WCWRC (20 September 2016) and Winnipeg at 1

112 canadian centre for policy alternatives — MANITOBA 326 Community Unemployed Help Centre, “Home” (2016), and Spiritual Care Branch, Manitoba Health, Healthy online: CUHC . Living and Seniors, Winnipeg: 19 July 2016) at 1. 327 Independent Living Resource Centre, “About” (2017), 337 Mood Disorders Association of Manitoba, “About Us” online: ILRC . (2017), online: Mood Disorders Association of Manitoba 328 Independent Living Resource Centre, Annual Report . 2015–2016 (2015–2016), online: ILRC at 15. Neighbourhoods Alive!, April 1, 2015–March 31, 2016” 329 John Howard Society of Manitoba, “Home” (2017), on- (14 September 2016) at 2. line: John Howard Society of Manitoba . Crisis” (2015), in Tenant Landlord Cooperation Program, 330 John Howard Society of Manitoba, 2015–2016 Annual “Final Report to Neighbourhoods Alive!, April 1, 2015– Report (2016), online: John Howard Society of Mani- March 31, 2016” (14 September 2016), at 7. toba , at 10. (2017) online: West Central Women’s Resource Centre 331 Legal Aid Manitoba, “Our Mandate” (2015), online: Legal . Aid Manitoba . 341 Winnipeg Harvest, Annual Report 2015–2016 (2015–2016), 332 Residential tenancies hearings include hearings before online: Winnipeg Harvest < http://winnipegharvest.org/ the RTB, the RTC and mediated agreements with Resi- wp-content/uploads/2016/05/FINAL-Annual-Report- dential Tenancies Hearing Officers. 2015-2016-single-page-PDF.pdf>, at 2, 342 333 Legal Help Centre, “Who We Are” (2010), online: Legal Ibid at 4. Help Centre . 343 Manitoba Labour and Immigration, Annual Report 2015– 334 Legal Help Centre, Annual Report to the Members 2016 (2016), online: Government of Manitoba , at 26. 335 Legal Help Centre, Annual Report to the Members, 344 2014–2015, online: Legal Help Centre, .

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