In 2006, Reach Canada began a project entitled “Equality in Practice”. It involves initiatives and products to inspire law professionals and Canadians with disabilities and their organizations to work together in the interests of equality in Canada’s justice system.
In association with the Canadian Paraplegic Association and The Canadian Association of Independent Living Centres, Reach Canada has developed: A Handbook on Disability for Law Professionals (English and French) Understanding Justice — A Consumer's Guide to the System, For Canadians With Disabilities (English and French) A Service Provider’s Companion to Disability and The Justice System (English and French) “Disability and Law” Resource Guide For Law Teachers (English) Promoting Responsive Legal Services for All Clients: A Guide for Student Legal Clinics on Accommodating Clients with Disabilities (English) Instructional Companion On Student Legal Clinic Services And Disability Issues (English) Audio CD (A Discussion About Justice in Canada) (English and French versions)
All of these materials are available at www.reach.ca Understanding Justice A Consumer's Guide to the System — For Canadians With Disabilities In Canada, all citizens claim a right to live in a society that protects their equality, supports their independence and provides opportunities for full participation in community life. This includes all persons with a disability, and it translates into “justice for all” — in terms of rights and responsibilities, and freedoms and limitations. This consumer’s guide will help Canadians with disabilities understand the Canadian legal/judicial system, and encourage their responsible participation within it, on a personal and professional basis.
DISCLAIMER The materials related to the Equality in Practice project are intended to provide information, but not to represent legal advice regarding the justice system in Canada. Anyone considering legal or similar proceedings should consult a law professional for appropriate direction.
Developed for Reach Canada and their “Equality in Practice” project
June, 2007
Acknowledgments:
Reach Canada, in association with CAILC and CPA gratefully acknowledges the Department of Justice Canada and the Law Foundation of Ontario for their finan- cial support of the Equality in Practice project. We also appreciate the advice and expertise contributed by the following indi- viduals: Paula Agulnik, Sheridan Croft, Mel Graham, Marthe Lambert, Sam Okuru, Carolyn Marcotte, Alison Brooks, Cynthia Turpin, Joel Ayigah, Mauricio Ortiz, Carole Wil- lans-Théberge, Georges Proulx, Richard Nolan, Catherine Moore, Chantelle Bow- ers, Karen Richardson Jones, Aaron Marsaw, Ernie Tannis, Sonia Ouellet, Beverly Maclaren, Ahmad El-Moussawi, Meaza Negassi, David Hinton, Frank McNally, Traci Walters, Mike Murphy, Laura Ann Ross, Joshua Clarke, Colena Der, Joshua Goldberg, and Chris Clemmer. CHIN Radio International and Sound Ventures Inc. graciously provided technical support services for the audio products. We thank in particular, Charles A. “Skip” Brooks, the Project Manager, R. Allan McChesney, the Law Professional Coordinator, and Jim Turner, the Communica- tions Director.
Michael Sousa
President © Reach Canada Canada 2007 Reach Canada 400, rue Coventry Road, Ottawa, Ontario K1K 2C7 Phone: (613) 236-6636 TTY/ATS: (613) 236-9478 Fax: (613) 236-6605 Toll Free: 1 800 465-8898 e-mail:
email: [email protected] website: www.reach.ca Comprehensive Table of Contents
Disclaimer...... inside cover page Introduction:...... 1 Exploring Justice ...... 2 Synopsis ...... 2 Part I (Discovering The Concept) ...... 2 Part II (Expanding The Perception) ...... 4 Part III (Setting Up A System) ...... 5 In Other Words… ...... 7 Setting The Canadian Stage ...... 8 The Constitution, Charter And Rights...... 8 Laws, Duties And Responsibilities...... 11 The Importance Of Accommodation...... 12 Being Reasonable ...... 14 The Importance Of Understanding...... 16 Plain Language ...... 18 Consent ...... 21 Criminal, Common, Civil — It's All Law...... 22 Components Of The Justice System ...... 25 Agencies Commissions And Ombudsmen ...... 26 Emerging Alternatives ...... 28 Times Are Changing...... 31 The Justice System Is On The Right Track ...... 33 Representing Yourself In The Justice System...... 35 The Importance Of Keeping Good Records And A Paper Trail ..... 36 Dealing With Courts...... 38 Courts...... 38
i More About Those Courts ...... 40 Working With A Lawyer’s Assistance ...... 42 Just To Make You Smile… ...... 43 Under Cross-Examination...... 43 Q’s And A’s...... 44 Little “Exchanges” ...... 44 Serious Stuff About Lawyers ...... 45 Legal Aid And Pro Bono Legal Services ...... 46 Good To Know…Eh?...... 48 Money — Working For It...... 48 Retirement And Pensions ...... 49 Money — Not Working For It ...... 52 The Social Safety Net... Holes Tied Together With String... 52 Money — Concerns For The Future ...... 53 What About Bankruptcy? ...... 53 Taxes, Trusts 'N Stuff...... 54 Prejudice, Discrimination And Harassment...... 57 Abuse And Neglect...... 60 Contracts… Life Is Full Of Them ...... 64 Wills and Power of Attorney ...... 65 Marriage, Divorce And The Consequences – “Can Be Messy”...... 67 Dealing With The Police...... 69 Going to Court...... 71 A Glossary Of Words With Legal Meanings ...... 74 Useful Sources And Resources...... 84 National Public Interest Organizations...... 84 Provincial Public Interest Organizations ...... 96 National Consumer Organizations On Disability...... 131
ii Introduction:
or many Canadians, understanding justice is difficult and even confusing. In our society, the justice system involves “F rules, arbitration, governments, judgements, police, courts, commissions, lawyers, and all sorts of ways for dealing with disputes. Still, we have trouble distinguishing justice from injustice in our relationships with one another and in our institutions.” — Ernest G. Tannis B.A., LL.B., C.Med
This insight to the meaning of “justice” is a view often expressed by law professionals in Canada. Consumers and their organizations agree, as well, that justice is difficult to define and understand, because the concept is personal and based on an individual's beliefs and values. This Guide To The Justice System explores a commonly held meaning of justice, its administration in Canada and some of the particular issues of concern to citizens across the country. In some cases, special attention is given to matters related to disability.
Throughout the Guide, there are opinions, observations and tips from “Ernie the Attorney”, a mythical character who bears an interesting resemblance to Ernest G, Tannis. Ernie is a practicing lawyer and strong advocate for alternative dispute resolution in Canada's justice system.
1 Exploring Justice
Synopsis The following “Parable of the Cave People” is a make believe story that introduces several concepts related to a search for justice. It is a three-part story that stands alone as an allegory about how justice might have been developed by ordinary people who, despite their differences, have shared views of the world. These are based on common, universal values. Their norms of conduct evolve into customs and traditions that are respected and maintained by the majority, and their disagreements are usually resolved through negotiation. As interest groups are formed, they continue to respect each other’s rights, recognizing a need to protect those of the minority. As their society becomes more and more complex, they invent rules and laws in the interests of order and safety, and they create new mechanisms for resolving conflicts peacefully. Eventually, they create a representative government to protect their rights and equality, without compromising any responsibility, as citizens, to determine what is fair and just. For them, exploring justice was, is, and always will be, a search for “fair treatment”.
Part I (Discovering the concept)
When the first person stepped out of the cave to admire the peaceful valley below, there was no justice... and no need for it. However, when that person wandered over to a neighbouring cave and met another person, the need for some sense of justice began. And that's how it was between Jack and Fred.
Jack said “It's so nice and peaceful here and I really like that. Would you like to join me for a snack this afternoon?” Fred agreed and said, “I really like it here too, and I'm free this afternoon. I'll bring some of the apples from my apple tree
2 because I'm tall, and can reach them easily.”
“Good”, said Jack, who was actually short and left-handed, “but come early because I go to bed at 8:00PM.” They got together that afternoon and really enjoyed one another's company. They had a lot in common and they realized that their “differences” were not at all important. What was important was their desire to live peacefully, respecting each other's interest in privacy and property.
Their Friday afternoon snacks together became a regular occurrence — a kind of custom. Fred supported Jack's request for privacy by not visiting after 8:00 PM, and Jack respected Fred's concern for his property, which was the apple tree. In fact, each of them believed that they had a claim to privacy and property. Over time, they referred to the these interests as their “rights”, and they were important, because they helped Fred and Jack get along peacefully.
One day, however, Fred was late for the Friday snack, arriving at 9:00 PM. Jack was upset, saying that it wasn't “fair” to come so late. After all, he had a “right” to privacy. Fred tried hard to explain the lateness, but Jack thought he was just making excuses. Then Fred noticed fresh apples on the table. “Hey... what about property rights and my apple tree?”, said Fred.
Jack replied, “you were late, so I got a ladder and picked the apples myself”.
“That's not fair”, said Fred, “and it's not according to our custom.” And so began the first dispute over what's “fair treatment” according to the custom they had developed during their relationship. They needed to find a way to resolve their dispute so that each felt they had been treated “fairly” and their rights
3 to privacy and property had been protected. It wasn't easy, but eventually they agreed to find a peaceful way together, for the benefit of their relationship. They talked, and worked it out.
“Since the beginning of time, great thinkers and writers have tried to explain the meaning of justice. Does it mean getting even... “an eye for an eye”? Does it mean revenge? Does it mean punishment? Maybe it means “serves ya' right”? Does it mean everyone treated the same? While all of these views have merit, when it comes right down to it, justice has everything to do with fairness; and our ideas about fairness come from the customs and values that we share. We run into difficulties when we have different ideas about what is, and what is not fair, and when we are not able to settle those differences peacefully or on a personal basis.”
Part II (Expanding the Perception)
Over time, several other people came along and occupied nearby caves. Fred and Jack welcomed them, because they too, enjoyed the peaceful valley. Together, all of them formed a community. As well, the new people liked and respected the “rights” that Fred and Jack had set up about privacy and property, and many of them joined in at the customary Friday afternoon snack. It was a good opportunity to talk about the things that mattered to them as individuals and as a group.
4 Things went very well for a time, until Pat, a newcomer, lost control of her pet alligator. The alligator raced from cave to cave, and scared everybody. “We have to do something about that alligator before someone gets hurt”, they all thought. At the very next Friday afternoon snack, they had a serious discussion and it was decided that Pat should keep the alligator tied up near her cave. Pat said that she was happy with that decision, because she could keep her pet and everyone in the community would be safe. They all thought that was “fair” to Pat, and “fair” to the rest of the community as well. They called their decision the “alligator rule” and everyone agreed to support it.
“We use rules to give structure and order to our lives, whether we're playing a game, driving a car or writing a paragraph. Whether they are called laws, regulations or bylaws, we create rules that apply to everyone, and they apply equally. These rules are supposed to be “fair”, because we believe that people who are powerful, however that is measured, should not take “unfair” advantage of others. We also think that people in the majority should be careful about taking advantage of those in the minority.”
Part III (Setting Up a System)
As time passed, the community got larger and larger. There were lots of tall people and lots of left-handed people and even a few more alligators. It was not possible for everyone to meet at Jack's cave to talk about all the new things that mattered. There were just too many things and too many people. However, people with similar
5 interests started to meet at other caves. They formed “Interest Groups” and occasionally, some of them would attend Jack’s Friday snacks, where they could stay in touch with the whole community and continue to talk about the things that mattered. With more and more people, there were many more problems and it wasn't long before they realized that the “Alligator rule” wasn't enough. They needed rules about hunting, building, farming and even rules about settling disagreements.
Canadians live under “the rule of law”, which means that we are equal and should be treated equally by the law. Some of these laws deal with the relationships between individuals in society and these are called private laws (e.g. property ownership or personal injury). Other laws deal with matters that affect society as a whole and we call these public laws (e.g. criminal behaviour or electoral regulations). They are all intended to ensure a safe and peaceful society, while respecting the individual's rights. Not everyone had enough time or knowledge to help make good rules. The community members decided to pick people who understood their problems and to ask THEM to make up the rules that were needed. Those who were picked became the “government”.
It took a lot of time, but everyone agreed that the rules were important, because they helped to keep peace and order in the community. For the most part, everyone tried to live by the rules of the government, and everyone was pleased.
They eventually asked different community members to take on special responsibilities to review the activities of the government. They asked them to make sure that everyone in the government was honest and fair at all times. It was their way to check on the conduct of individuals in the government and make certain they were accountable to all the community members.
6
“In a democratic society, when there are disagreements, rules of conduct or laws help to resolve them peacefully. If, for example, two people claim to own the same piece of land, they shouldn't settle the matter by having a duel or a fist-fight. They can look to laws to help determine the real owner. These laws are made by governments, which are formed by people, who have been elected to represent the interests of society. Governments are accountable to society for maintaining peace and order, while protecting individual rights and freedoms. Justice must be served, and justice must be seen to be served. That is our democracy.”
In Other Words...
Now, fast forward to the 21st century. In Canada, the caves are gone and millions of people live together — and with lots of differences. Just to mention a few, some are left-handed... some worship the sun... some were the first ones here... some have only recently arrived... some speak Greek... and some have a disability. These differences don't matter much, and the people work equally hard to build a society that values peace, respect and opportunities for prosperity. They choose governments to make rules and laws so they can have some order in their relationships with one another. And they try even harder to respect the rights of the individual and the community in those relationships.
As it was for those friends in the cave, so it is for each and every Canadian today — the pursuit of justice is the search for equal and fair treatment.
7 Setting the Canadian Stage
The Constitution, Charter and Rights
In 1867, Canada was created by an act of the Parliament of Great Britain. This British North America Act united the colonial provinces to form the Dominion of Canada. This was our first constitutional document. It contained many of the rules which, to this day, direct our democracy, our country and our governments. Essentially, the BNA Act distributed responsibilities and powers between federal and provincial authorities, in the interests of peace, order and good government.
Canada's constitutional law was updated by the Canada Act, 1982 which included the Constitution Act, 1982. It gives the provinces authority to make laws concerning such matters as education, property, the administration of justice, and municipalities. However, the federal Parliament deals with issues concerning Canada as a whole, including trade, national defence, postal service and criminal law. Both levels of government create laws and provide for a judiciary — judges who preside over cases before provincial or federal courts.
In Canada, there is a history of legislating and administering human rights, and that has often been the subject of considerable discussion in the courts. For example, the Canadian Human Rights Act (1977) stated that all Canadians had the right to equality, equal opportunity, fair treatment, and an environment free of discrimination. The Canadian Human Rights Tribunal (CHRT) applies these principles to cases referred to it by the Canadian Human Rights Commission (CHRC). The Tribunal is similar to a court of law, but is less formal and only hears cases relating to discrimination.
8 In Québec, the rights of persons with disabilities were enshrined in that province's Charter of Human Rights and Freedoms. The Commission des droits de la personne was constituted under the Charter in 1975. In 1995 the name was changed to include youth - Commission des droits de la personne et de la jeunesse
“It is easy to be confused by words and concepts like freedom, civil rights and human rights. Many Canadians use these terms interchangeably. Actually, civil rights involve a relationship between a government and its citizens. Human rights have a broader basis, applying to all people everywhere, and human rights have a universal character that is not limited by one government's jurisdiction. In fact, it was, Canadian, John Peters Humphrey who drafted The Universal Declaration of Human Rights that was adopted by consensus, by the member states of the United Nations in 1948. It was conceived as a statement of objectives to be followed by all governments and became the foundation for legally-binding covenants on `Civil and Political Rights', and `Economic, Social and Cultural Rights'.”
The Canadian Charter of Human Rights and Freedoms constitutionally protects rights and fundamental freedoms noted in the 1948 UN Declaration, and defined by years of Canadian custom and law. For example, Canadians have a right to practice any religion or no religion at all, and we are free to assemble or associate with whomever we wish, so long as we do not infringe on the rights of others. The freedom of the media to print and broadcast news is guaranteed in Canada. We have a constitutional right to vote in elections and, within reason, to seek election. In the
9 interest of a free democracy, our Charter prevents governments from working in secret and requires them to be publicly accountable. They must protect the individual and ensure fairness during legal proceedings, particularly during criminal cases. Canadians are protected from arbitrary arrest and against unreasonable searches. As citizens, we have a right to enter, remain in, or leave the country, or to live and seek work anywhere in Canada. Any witness at trial has the right to the assistance of an interpreter if the language is not understood or the person is deaf. Everyone has the right to use English or French to communicate with and receive services from the federal government, including those related to the legal system established by the Parliament of Canada.
Although these mobility rights, legal rights, democratic rights and language rights apply to all Canadians, the existence of the Charter does not mean that all Canadians are to be treated in exactly the same way. Because equality is an ideal of fundamental value to all Canadians, it is constitutional to create special programs or “affirmative actions” favouring individuals or groups that may be at a disadvantage in society. They include women, visible minorities and persons with disabilities. Section 15 of the Charter makes it clear that every individual in Canada — regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability — is to be considered equal. According to our constitution, governments must not discriminate on any of these grounds in laws or services. On March 30th, 2007, the Canadian Minister of Foreign Affairs, in supporting a UN Convention on disability, alluded to the Canadian Charter when stating, “We have a strong commitment to ensuring that persons with disabilities enjoy full participation in society and can contribute to the community to their full potential.”
Our Charter guarantees a basic, minimum set of rights, but there are other rights described by international bodies and reflected in our common law. The Constitution affirms that we are a multi-cultural country and, any of our governments, in support of this multi- cultural ideal, could always add to our rights.
10 Laws, Duties and Responsibilities
The Constitution Act 1982 is the supreme law in Canada and it clearly defines a variety of rights that are guaranteed for all citizens. These rights must be respected by the various levels of government when they are creating laws, rules and regulations about private and public behaviour. Although many laws are set out as legislation, in Canada we also create jurisprudence which is a body of law based on “Case Law”. Simply put, case law refers to court decisions which become precedents that guide decisions in subsequent cases having similar circumstances. Although case law is not legislated by a government, it is a very important component of our legal system. So too is the idea about “letter of the law” and “spirit of the law”.
The letter of the law refers only to the literal interpretation of the words, and may, in fact, be exploited because of unintended technicalities, loopholes, or ambiguous language. The spirit of the law however, relates directly to the intention of those who created the law. Following the spirit of the law is usually considered more favourably by courts than only following the letter of the law. In many Canadian courts, judges often consider the intent of the people involved in any particular case.
11 “Sometimes, courts solve the problems... and sometimes they allow YOU to solve the problems. This is the key. Don't turn your responsibility over to someone else. Our society empowers you to manage and avoid conflict. It is important to remember that justice lies with a higher authority and the legal system should be a last resort. It is just budgets, bricks and mortar that support an adversarial process. However, naming, blaming and claiming is all too common. You are responsible, so take charge and explore alternatives that may be non-adversarial... and may even be less expensive.”
In keeping with the spirit and the values that underscore our Charter of Rights and Freedoms, there are two important duties (not quite law... but very close) that relate to disability and law professionals. These are the “duty to accommodate” and the “duty to ensure understanding” The Importance of Accommodation Accommodation may be defined as the adjustment of a rule, practice, condition, or requirement to take into account the specific needs of an individual or group. To some degree it involves treating individuals differently. Different treatment, in order to adjust for a disability, is legally required if the accommodation is needed to ensure that the individual has the opportunity to participate or to benefit fully and equally.
In many fields, accommodations help to give capable people who may not fit a particular "norm" a fair chance to succeed. Although employers and others need to offer accommodations based on a systematic application of good practices, each person who has a disability usually requires individualized attention. The severity of a
12 disability varies among individuals and each person responds to and succeeds differently with the "same" disability. Every situation then, should be considered unique, and assessed accordingly.
In the Grismer and Meiorin cases of 1999, the Supreme Court of Canada set an important precedent when it ruled that employers, as well as organizations providing services to the public, have a "Duty to Accommodate" persons with disabilities. Their interpretation strengthened existing laws requiring employers and others to make reasonable efforts to make adjustments that would allow someone with a disability to obtain a particular job or service. This strong interpretation of the "Duty to Accommodate" by the Supreme Court must be applied by human rights commissions and tribunals and by other human rights bodies that oversee existing human rights codes. This interpretation must also be respected by courts when they deal with the equality rights guaranteed for everyone (including individuals with physical and mental disabilities) in Section 15 of the Canadian Charter of Rights and Freedoms.
For the federal government and private sector employers involved in federal undertakings, there is an Employment Equity Act that obligates employers to be proactive in eliminating workplace barriers, policies and practices that discriminate against persons with disabilities. There is a duty to accommodate to the point of undue hardship and that is not simply a financial consideration.
13 Being Reasonable SHOULD’A USED THE STAIRS ! The legal obligation to accommodate people who have disabilities does not stop when minor inconveniences or "hardships" are encountered. There is a basic obligation to consider all reasonable options for providing accommodation, rather than just assuming that it might be too difficult or costly.
Accommodation can be complicated or as simple as getting a large- screen monitor or moving furniture or changing work schedules or even just substituting a temporary light-duty assignment. It’s a matter of recognizing the needs and particular circumstances of the individual with the disability and any consequent limitation. Invariably, accommodation must be a cooperative effort. In deciding whether alleged hardships are excessive or undue, a court or human rights tribunal might look at factors such as: the financial or human resources required to provide an accommodation; the degree and kinds of effects that accommodations will have on other people (e.g. other employees); the impact of accommodations on the overall organization or program and any unusual risk the accommodation may pose for others.
Reasonable accommodations do not compromise the standards or qualifications expected of all applicants for a particular job, service or benefit. Instead, reasonable accommodations ensure that persons with special needs are given a fair opportunity to achieve. Accommodation acknowledges that individuals may achieve equally good or appropriate results in different ways.
14 “Accommodation is a shared responsibility. You can't just sit back on your butt and expect everyone else to take the initiative. Whether you are an employer or someone with a disability, be RESPONSIBLE. Find out for yourself what kinds of accommodations are practical and reasonable, and become familiar with public and private support programs. The Canadian Human Rights Commission has an excellent website for this, with helpful links to other sources of information and advice (http://www.chrc-ccdp.ca). Above all... become aware. Ignorance is no excuse for no action.”
Desirable and ethical conduct by lawyers is required by human rights law. Such conduct is also strongly encouraged both by the legal profession's licensing and disciplinary bodies and by law faculties and universities. Today, law faculties and societies encourage their lawyer members to find ways to accommodate clients who have disabilities. The combined effect of legislation and judicial and tribunal rulings has been taken into account in the professional practice “rules and guidelines for lawyers” issued by leading provincial and territorial organizations. There is an obligation to comply... and that translates into a duty.
Over the years, there have been attempts by the courts and administrative tribunals to ensure that our institutions are accessible for Canadians with disabilities. In general, case law indicates that courts, tribunals, governments, and individuals have no responsibility to take positive steps to facilitate understanding or access, UNLESS an individual, through word or action, indicates that he or she lacks an understanding.
15 The Importance of Understanding. If lawyers and judges spend a lifetime learning and understanding the law, it should be no surprise that ordinary Canadians, who seldom encounter the formal legal system, have difficulty understanding those same laws and institutions. However, you should note that, in Canada, there is an assumption within the legal system, that everyone is “presumed to know and understand the law”. You may consider this to be ridiculous, but nonetheless, it is reality. There is considerable debate about this today, but at this point in time, that assumption is still widespread. Therefore, you have to take the responsibility to indicate somehow, “a lack of understanding”. This is critical! In 1991, the Minister of Justice, the Honourable Kim Campbell, speaking to the Canadian Bar Association, said, “I want to ensure that our laws and our policies are expressed in way which are readily understandable to all, including those outside of the legal community; and this includes writing legislation in language that can be understood by ordinary people.”
This call for plain language intended to ensure that laws would be understandable and understood by all those people they were meant to serve.
Ten years later, the Chief Justice of Canada explained to the Faculty of Law at the University of Manitoba: “...we should do what we can to make the law clear and accessible to average Canadians.... There is truth in the proposition that if we cannot understand our rights, we have no rights. Beyond the content and impact of law, access to the law also requires that the public be informed about how the institutions of law are structured and how they operate in their interest. And it requires that the participants in the legal system be available to explain and respond to legitimate queries about that system and the principles that underline it.” Although this view is not
16 yet defined in any law or policy, it has quite a history and many law professionals agree with this view and take steps to support its intent.
“It's not hard for a lawyer to open up communication with clients and give them a sense of ownership in the legal process. Simply and respectfully ask a client, “Tell me what you understand by that”. Even if you send copies of documents that are full of legalese, you respect their right to control the process that may have great consequences for them. Clients who have trouble understanding correspondence will often consult with close friends who can help them understand. This is a benefit to everyone.”
One of the better-known aspects of a right to understand relates to the duty of the police to advise an accused, upon arrest, of a right to counsel. The Courts have held that reading the right to someone is not always sufficient. In one important judgment in 1991, the court ruled: “A person who does not understand his or her right cannot be expected to assert it…. In most cases one can infer from the circumstances that the accused understands what he has been told. In such cases, the police are required to go no further…. But where there is a positive indication that the accused does not understand his right to counsel, the police cannot rely on their mechanical recitation of the right to the accused; they must take steps to facilitate that understanding.” In this case the courts indicated that the accused did not have the ability to understand the instruction. The police were aware of his disability and did not do enough to ensure that he understood.
17 There have been occasions, however, when courts have ruled that a positive response to the question “Do you understand?” is enough. That may be short sighted since many persons with invisible disabilities or low literacy skills will avoid disclosing their limitations. Often, in response to the question “do you understand?” they will respond, “yes”... even when they don't understand.
Everyone can think of a situation when they were too embarrassed to admit that they didn't understand. Remember that time you completely missed the punch line of a joke? For people involved with the criminal justice system, it is no joke! The John Howard Society has found that, over 65% of inmates in the federal correctional system have learning disabilities or weak literacy skills. The percentage is even higher where there is a greater aboriginal representation. These data indicate a need for further analysis of a “duty to ensure understanding” if an individual's rights are to be protected and the spirit of the law to be respected. The perception of justice is nearly as important as justice itself.
Plain Language
Throughout our history, society has tried to protect certain persons with disabilities from the unscrupulous acts of others attempting to exploit them. To guard against such situations, imagine how important plain language can be. The courts use a defence known as “Non es factum”, but for most of us, plain language would be welcomed. Consider the judgment in Thoroughgood's case in 1582: “It seems plain, on principle and on authority, that, if a blind man, or a man who cannot read, or who for some reason (not implying negligence) forbears to read, has a written contract falsely read over to him, the reader misreading to such a degree that the written contract is of a nature altogether different from the contract
18 pretended to be read from the paper which the blind or illiterate man afterwards signs; then, at least if there be no negligence, the signature so obtained is of no force”.
Wow! Simply put, when a person with limited capacity makes a reasonable attempt to understand a contract, and fails to do so, that contract may subsequently be cancelled. The Canadian courts use this approach in contract law, but they have added an additional caveat. You must make a reasonable attempt to understand a contract and, the courts suggest that a person has a duty to inform another party if he of she does not understand what they are signing. Once again, this approach ignores the fact that many people with hidden disabilities are unlikely to admit a lack of understanding when signing a document.
“Contracts and other legal agreements are important tools. Make them as clear as possible and put EVERYTHING in writing. Plain language would help, and contracts not sufficiently clear should be re-written. They are like smoke detectors for fire prevention. Just as those warning systems help to save lives, good contracts help to prevent conflict.”
In the administration of government services, there is a real need for officials and public servants to provide service in an effective and well-understood manner. Think about immigration, as an example.
In the Immigration process, the ability of a person to understand and act appropriately can have grave consequences for the applicant and any family member. Many decisions are based on an individual’s response and each individual is expected to understand the law and associated documents.
19 The provision of an interpreter to facilitate understanding by a person in immigration matters is now required by courts and tribunals. This is a reasonable accommodation and it parallels the types of accommodations required for persons with disabilities in other areas of the law. Materials are expected to be in appropriate format and interpreters are expected to be competent. In one case, an illiterate 53-year-old woman was interviewed and provided with written information or interpretation in three languages. However, she did not read, write, speak or understand any of the languages. In this case, Ibrahim versus Canada (1996), the action against the woman was dismissed.
The Canadian Council of Administrative Tribunals also highlights this duty to ensure understanding. The Council notes that a claimant in Québec courts, who has, by reason of inability to communicate, a low level of education, or an absence of language skill, must have reasonable accommodations made, in order to provide access to justice. Understandably, social services are of particular importance in the day to day lives of many Canadians with disabilities. Tribunals should provide documents in an understandable format and within reasonable time periods. Plaintiffs are expected to act reasonably and without negligence. More often than not, when vulnerable plaintiffs require such things as the translation of documents or procedural information from officials, and it is not provided, the courts favour the plaintiff’s case. In one case, a person relied on a public servant who advised him to sign a letter reimbursing the government in the amount of $56 a month. He applied for review outside the appeal period. The tribunals found that the applicant “had physical and psychological difficulties and … could be influenced by the agent in charge”. He was allowed to apply for review.
20
“While there has been some recognition of the duty of public servants and tribunal members to determine the capacity and ability of a person to understand, there's still a lot of room for improvement. There seems to be an increasing onus to provide assistance and provide reasonable accommodation to persons with disabilities, but consistency is still problematic.”
Consent
Another area where “ensured understanding” has gained prominence in recent years relates to the need for “informed consent” to medical treatment. Over the last twenty-five years, Canadian courts have stressed that doctors and dentists must ensure that a patient understands a procedure and its consequences, before the patient legally consents to a particular treatment. In fact, in 1997, the courts suggested eight different considerations to test whether the doctor or dentist discharged this duty effectively. The following questions are based on those considerations. 1. Did the patient ask any appropriate questions?
2. Were any diagrams or visual aids used to communicate any part of the medical or dental procedure?
3. Could the patient adequately restate or describe the procedure in his or her own words? 4. Was the idea of a “second opinion” raised as a real possibility?
5. Was any relevant information put into, or supplied in written format?
21 6. Was enough time spent to enable the patient to seriously evaluate a recommended procedure?
7. If the patient was dependent on assistance in decision-making, were those who provide the assistance involved in the considerations noted in 1 to 6 above? 8. Did the patient, or anyone providing assistance, realize in advance, the risks involved with a proposed procedure?
“In their rulings, Canadian courts have established practical ways and means of protecting the rights of citizens with disabilities, when it comes to services by medical or dental professionals. However, there is still room for improvement in the provision of services by other professionals, including police officers and public servants, as well as those who make and administer the law.”
Criminal, Common, Civil — It’s All Law
We understand that Canada is a Constitutional Monarchy – we have both a constitution and a monarch. We also have a federal governmental system that is essential to our parliamentary democracy. We have a judiciary – courts - that interpret laws and even strike-down laws that violate our constitution. There are many labels for different kinds of law, and three important types are called “Criminal Law”, “Common Law”, and “Civil Law”. They are not easily understood.
22 In Canada, there are public laws about matters affecting society as a whole, and they deal with the relationship between individuals and the state. Criminal law is a good example. Private law, on the other hand, deals specifically with the relationship between individuals and includes such matters as contracts, property ownership and sometimes personal injury. Much of the law comes from French and English traditions, including procedures and organization. However, as society grows and evolves, so does the need for law reform and new laws. Law makers are always busy legislating new acts/statutes or regulations – laws – to replace and improve the criminal law, and some common law, and to clarify some civil law. Law is always a “work in progress”.
Criminal Law is a federal responsibility over which the federal government has exclusive jurisdiction. It is written down (codified) as the Criminal Code of Canada and it applies uniformly throughout the country. There are twenty-eight different parts to the code with all sorts of schedules and appendices. They cover such things as: Offences Against Public Order; Terrorism; Offences Against the Person and Reputation; Offences Relating to Currency; Proceeds of Crime; Indictable Offences-Trial Without a Jury; and the Nunavut Court of Justice. For the most part, Criminal Law in Canada is administered by the provinces and they usually use their own police services and facilities. In many rural areas however, excluding Quebec and Ontario, the provinces contract law enforcement services with the national police force — The Royal Canadian Mounted Police.
Common Law tradition prevails everywhere in Canada, with the exception of private law issues in Quebec. In Common Law, courts use precedents and decisions of more senior or superior courts in making judgements. Their “jurisprudence” relies on “Case Law”. There have even been times when a provincial court decision in one jurisdiction was used as a “persuasive source” of information in another province’s jurisdiction. Essentially, in the common law
23 tradition, judges actually make law by virtue of their decisions, although most judges would say they are merely applying or interpreting the existing law.
Civil Law tradition prevails in Quebec when it comes to private law. Unlike the common law approach that uses what judges have said in the past, Civil Law is written down as one large “Civil Code”. It is a comprehensive statement of rules and general principles to help deal with any kind of legal dispute that can arise. Quebec courts look to their “Civil Code” for guidance when making a judgement. There are times when they may examine other decisions, but only in the interest of consistency. The Quebec Legislative Assembly may enact very specific legislation or regulations to cover situations not clearly dealt with in the civil code.
. “If you are not totally mystified by all of these kinds of laws, this’ll do it. The Code of Penal Procedure, for example, is a federal public law. It is interpreted everywhere, in a common law tradition, even in Quebec. On the other hand, the Divorce Act is also a federal law, but because it is a private law, it is interpreted in a civil law tradition in Quebec. It’s a unique hybrid system that seems to work quite well, but it certainly can be confusing.”
24 Components of the Justice System
It would be a mistake to think that the justice system is just a legal system. The legal system itself relates to laws, their administration and enforcement. Sometimes, there is no alternative to cops, courts and confrontation, especially when criminal activity is suspected. However, many disputes or public concerns can be addressed through a number of governmental mechanisms — agencies or commissions. The Canadian Radio and Television Commission (CRTC) or the National Transportation Agency (NTA) are just two such organizations, set up to protect public interests in specific fields. Even if an agency directive is overruled in the courts, there is a court of last resort to protect the public interest... the Supreme Court of Canada. Resolving disputes like that, can be costly and time consuming but that may be necessary because it impacts the lives of may Canadians. However, our justice system is resilient and responsive to the needs of the most vulnerable individuals in society. Today, the system increasingly includes mediation and conciliation as ways of negotiating the resolution of a dispute. We can also use arbitration, as well as tribunals, councils and ombudsmen in many public services. These are an important part of an evolving justice system.
Fairness and fair treatment are principles that all Canadians value in shaping their concept of justice. In practice, the whole idea of justice relates to how we resolve disagreements and conflicts in our relationships with one another (private law) and society (public law). We believe in equality, and we expect fair treatment according to the laws we develop. Canada is a multi-cultural country, a fact recognized in the Constitution and in law. We are proud of this heritage and take steps to respect and maintain it, in all its manifestations. Some First Nations people offer a good example, with use of “sentencing circles”.
25 Sentencing circles are sometimes called peacemaking circles, and they are a traditional convention that typically involves the whole community. People can speak from the heart in a shared search for understanding a dispute or even a crime, and together they seek ways to assist in healing all affected parties.
A sentencing circle is unique but it may involve some common procedures, including: application by the offender to participate in the circle process;
a healing circle for the victim;
a healing circle for the offender; a sentencing circle to develop consensus on the elements of a sentencing plan; and follow-up circles to monitor the progress of the offender.
“For many Canadians, justice is synonymous with the legal system — that is police, courts and lawyers. Obviously, the justice system itself involves much more than laws and their administration, in the strictest sense.”
Agencies, Commissions and Ombudsmen
Most Canadian consumers are involved in the justice system every day without realizing that they have particular skills and knowledge that guide their pursuit for fair treatment. When you return an item to a store, for instance, you explain your dissatisfaction to the clerk or someone in customer relations. You are seeking fair treatment
26 and, usually, the business representative wants the same thing. You discuss your concerns and, more often than not, you agree on a settlement or resolution that both of you can support. In fact, some merchants or industries are so interested in your concern for fair treatment that they set up special offices to handle complaints about their services or products.
As an example, consider the insurance industry or your local Chamber of Commerce. They have established “voluntary” codes of conduct and they publicise the standards that consumers can expect from each member business, in terms of products, guarantees and service. If these mechanisms fail, there are times when you might use the media to help get some measure of satisfaction. In the financial field, there is a very focused attempt to protect the interests of consumers by the Financial Consumer Agency of Canada (FCAC). This organization monitors and reports to Parliament on federally regulated banks and trust companies and their compliance with public codes of conduct. If your are not satisfied with the FCAC, there is an official, called an ombudsman, that you can contact about that! An ombudsman is usually, but not always, appointed by a government to represent the interests of the public, by investigating and addressing complaints reported by individual citizens. Many provincial and even municipal governments have an ombudsman to handle citizen complaints about their services.
Sometimes, industries in the private sector, have an ombudsman, as well. For example, there is an Ombudsman for Banking Services and Investments (OBSI) to handle your dissatisfaction or complaint directly with the financial institution involved. Similarly, there is a Canadian Life and Health Insurance Ombudservice (CLHIO) to handle your complaints about products and services offered by their industry. There is even an Ombudsman for customers at Canada Post, in the event that a complaint cannot be resolved satisfactorily by a customer services agent. For the public, an ombudsman plays an important role as an advocate within the Canadian justice system.
27 Emerging Alternatives
“A lot of people think that achieving justice is only about getting a lawyer and going to court. But, our whole justice system is about fair process, and people need to know that there are other ways that are just as fair as a court process. The options are usually less stressful, less expensive and may be more satisfying for all concerned. Whenever possible, you should spend as much time examining how to avoid court as you would spend preparing to go to court. There are exceptions, but for the majority of cases, ending up in the courtroom is an indication of failure of the system. There are other ways — alternatives — that work quickly, and confidentially, without seeking blame or laying guilt. Participants in these processes set the agenda for discussing “their dispute” as they try to work out an agreement that is not likely to jeopardize the future of their relationship. Usually, these kinds of settlements are easier to implement than those that are imposed by a court or tribunal.”
In many instances, conflicts can be resolved, without sacrificing any concern for fairness, through negotiation, conciliation, mediation or arbitration. Protocols and precedents that help to resolve disputes may guide these processes, but they are not “bound” by legal procedures or based on an adversarial approach. These are generally referred to as “alternative dispute resolution” mechanisms or “ADR”.
28 Simple negotiation is a process that we use all the time in our relationships with one another, especially when two parties try to come up with an agreement that is fair to both. Mutual interests are respected and as they bargain for a “win-win” solution, differences are compromised in the search for common ground. Successful negotiation involves dialogue in which the solution is agreed to and supported by both parties.
Unions negotiate contracts with management. Parents negotiate the use of the family car with their teenagers. You may negotiate the price of an old chair at a garage sale, or the installation of a ramp with your landlord. If there is no agreement through simple negotiation, you may decide to try mediation or conciliation. These are still non-adversarial but they involve a third party. Mediation is a form of negotiation that is facilitated by a neutral and respected third party. Often, mediators use special techniques or skills to help achieve an agreement that the disputing parties can support. The mediator will guide any discussion so that the needs, interests and feelings of both parties are understood and respected. Normally, all parties must view the mediator as impartial. As well, there are many occasions when associations and organizations may effectively serve the mediation process, by offering expert advice. Such associations as the Better Business Bureau, the Public Interest Advocacy Centre, or a local tenant association might be helpful with relevant information about policies or advice related to a mediated solution.
Mediation is often useful in negotiating “dispute resolutions” regarding commercial, workplace, community and family-related matters.
Conciliation is another form of negotiation that involves a third party, but unlike mediation, the third party tries to seek concessions. In this process, the parties usually are separated and deal directly with the conciliator. They seldom, if ever, actually face each other in
29 the presence of the conciliator. This is a kind of “shuttle diplomacy” that usually results in an agreement that is binding on both parties, and is written as a contract. With these exceptions, conciliation is the same as mediation.
Unlike negotiation (mediation and conciliation), arbitration is a legal technique for dispute resolution outside the courts. Although it is an alternative dispute resolution mechanism, many law professionals consider it as a form of “binding” dispute resolution that is equivalent to litigation in the courts. In this process the disputing parties agree, from the outset, to be bound by the decision of an impartial third party, an arbitrator, who usually has expertise related to the dispute. The proceedings are generally faster, private and less expensive than litigation although there are procedural protocols to respect. In some instances, arbitration may be a way to address disputes related to labour, consumer, or family matters, especially when the subject matter is highly technical and requires special expertise. However, arbitration does add an additional cost above negotiation.
“Of course there are times when the legal system is essential, especially when protecting society from criminal activity. There are also times when people are mean-spirited or bent on vengeance, and insist on a “winner takes all” approach. This rules out the convenience and advantages of ADR. Nonetheless, the options are getting more and more attention, as law officials examine pre-litigation ADR, plain-language pleadings and self- representation procedures.”
30 Times Are Changing
Although we often have different views about what is, or is not fair, all Canadians respect the Charter of Rights and Freedoms, and the values on which it is based. In a sense, we want “right” to prevail over “wrong” and “good” to prevail over “evil”. We also expect all citizens to be responsible for their conduct in keeping with what is considered “ethical” behaviour. For example, we talk about business ethics as having fair and honest competition. When it comes to public policy, we expect our politicians to be ethical in developing laws and representing our interests for prudence, conciliation and consensus. Politics is ethics done in public, and in this situation, integrity and full disclosure are essential for building trust in the authority of our governments. In terms of law, ethics and integrity – honesty - lead to trust and participation in the system. Failure to build that trust means that respect for democratic authority is undermined. When that authority is threatened, there is greater likelihood of chaos and violence at the hands of those with power – economic, political or otherwise.
Canadians have established a variety of offices and positions to ensure integrity and ethical conduct in service to the public. We have, for example, a federal “Ethics Commissioner” who holds our Members of Parliament accountable to the public, and some provinces have an “Office of the Integrity Commissioner”, for the same purposes. Indeed, our fundamental beliefs in what is “good” and what is “right” are protected by the system itself. The justice system does not always involve a legal dispute, and even when it does, a person with a legal problem is not always able to afford a lawyer or to find a good one. Given the budgetary
31 restriction on legal aid, more and more Canadians with disabilities will be required to represent themselves before courts and tribunals. Chief Justice Beverley McLachlin said in 2002:
“Unrepresented litigants encounter their first difficulties at the Courthouse door. Court staff already overburdened – especially in large urban jurisdictions – face increasing numbers of self- represented litigants who ask for explanations of the legal process as it pertains to their cases. While court clerks have traditionally assisted lawyers and their staff by providing instructions as to the appropriate rule to follow or form to file, they are rightly hesitant to offer legal advice. That means not only devoting sufficient resources, but also using the most creative mechanisms possible to ensure full and meaningful access to, and participation in the legal process…” Some may suggest that neutrality is compromised when a judge or tribunal member intervenes to aid one party or another in a proceeding. This becomes a thorny issue in light of the importance of the duty to ensure understanding.
The Federal Court of Appeal suggests that a judge has a duty to direct an unrepresented litigant on relevant points of law and procedure and to focus attention on issues of interest. In fact, in 1992, the court had recommended, more patience and courtesy, repeated explanations of rules and procedure, and possibly a longer and more protracted hearing — not only to provide a fair hearing but also the perception of a fair hearing. The court even insisted that opposing counsel assist in the proceedings as an officer of the court. Speaking at the Conference of the Canadian Council of Administrative Tribunals in 2005, the Honourable Anne L. Mactavish in suggesting how tribunals and courts should respond in such situation, noted that: “it is very important that you be sensitive to the fact that some of the people appearing before you, whether as litigants or even as witnesses, may have hidden disabilities”.
32
“While judges and tribunal members have struggled with the dilemma of giving direction and remaining impartial, there is increasing acknowledgement that persons with disabilities require special attention.”
The Justice System Is On the Right Track
At both local and national levels, there has been a recognition by courts and administrative bodies that things have to change to be more responsive to the needs of persons to know and exercise their rights. Some have responded directly to the needs of Canadians with disabilities. The Canadian Judicial Council has produced plain- language instruction for juries. The Chief Justice stated in 2004 that these “instructions will help judges explain legal technicalities in plain language that ordinary people can understand and apply. The goal is to minimize the risk of misdirecting juries… They will benefit judges, lawyers and jurors, and strengthen the administration of justice in this country” The National Judicial Institute has also taken a lead role in the education of judges. Since 1996, their judicial education program includes issues related to the needs of persons with disabilities and these have been integrated into all aspects of judicial education. Also, they have continued to develop individual courses to highlight specific needs, such as the program that “assists judges to more clearly understand the experiences and characteristics of persons with mental and physical disabilities and their interactions with the court processes.
33 The Canadian Association of Provincial Court Judges has been a member on the Social Context Committee of the National Judicial Institute for some time. In 1998, after input from the “Association”, the principle of equality was added to the statement of ethical principle for judges. “Judges should conduct themselves, and proceedings before them, so as to assure equality according to the law… Judges should strive to be aware of and understand differences arising from, for example, gender, race, religious conviction, culture, ethnic background, sexual orientation or disability.” The Association’s annual meeting in September 2005 had as its theme, Challenges for the 21st Century: Access to Justice. Presentations were made on disability, literacy, and multiculturalism with suggestions on how judges should deal creatively with the issue of diversity.
Administrative Tribunals have in their own way attempted to respond to the issue of access. The Office of the Commissioner of Pension Tribunals has developed a 30-minute video to help people with appeals. The British Columbia Securities has adopted an institution- wide plain language approach to their work. The Canadian Human Rights Tribunal has developed a plain written guide to its process that is available in alternate formats. The Council of Canadian Administrative Tribunals has begun to look at these issues and is developing a generic program on accessibility.
“Lawyers have an obligation under the rules of professional conduct to try and solve problems. We have very wise law societies and very innovative judges who, whenever they get a chance, invoke these processes.”
34 Representing Yourself in the Justice System
There may have been a time when the adage “a man who represents himself, has a fool for a lawyer” meant something… but those times are changing. Not only that, but resolving disputes through the justice system doesn’t always require a lawyer. What a revelation! For whatever reason, you may want to, or have to advocate on your own behalf, or on behalf of someone else. With the following tips, you may be surprised at how effective you can be. “Self representation” requires two kinds of skills:
1. the ability to persuade other people to accept your point of view.
2. the talents, steps and approaches that you need when doing research and preparation to support the viewpoints that you want others to accept. If you deal daily with a disability, you already possess varying degrees of these skills now, and you use them in everyday life. You simply have to focus and use them on the matter in dispute, regardless of which option you choose for resolution. Later on, if you really need a lawyer, these tips will give you a leg-up or a head- start.
To represent yourself effectively as an advocate, besides having nice shoes, you will need to… clearly identify/define the problems that need resolution. gather relevant general information and the specific facts that apply to your situation. Use public libraries and their staff as well as government publications. plan and prepare for discussions (know the subject matter)
ask questions and listen to the answers. Questions like "Who,
35 What, Where, When and Why”, and perhaps follow-up questions such as: “How?", “What should happen next?”, “Who has the authority to fix this?” and the always useful “Could you please explain or clarify that?” Your purpose is to understand the reasons for positions or actions taken and what can be done to correct any problem. ask for and note the name and contact data of anyone you may need to communicate with later on. make and keep copies of letters, other documents and electronic messages that you send, receive or share with others. Don’t lose the originals of important documents; and don’t let them leave your possession without making a photocopy. and, most importantly, explore and propose solutions.
The suggestions noted above will help you, even if you have to deal with a lawyer later.
“If you are advising or advocating on behalf of someone else, remember that you are NOT a lawyer. Personal availability, client confidentiality and appropriate authorization are important responsibilities. Check them out… and keep them in mind.”
The Importance of Keeping Good Records and a Paper Trail
If you are representing yourself, or someone else, it is important to maintain good records of relevant events, conversations, correspondence and any other communications. You should keep
36 notes of meetings, telephone calls and important events. Details should be recorded as soon as possible after an incident occurs. You might even want to sign and write the preparation date on key memos that you write for yourself. This will put you in a stronger position if you ever need an accurate description of what people agreed to do or refused to do. It doesn’t matter who said what… train yourself to write it down. As well, make important requests in writing. You should also keep a record of all information related to your efforts on behalf of anyone for whom you are advocating. It’s a good idea for them to keep good documentation as well.
Try to take and keep notes about these kinds of events: Dates and outcomes of meetings.
Dates you sent or received key documents.
Dates you submitted or provided important information Telephone conversations - dates, names/titles of participating persons and a short description of the conversation. Quotations of any key statements made.
Printed, faxed and electronic letters (e-mail messages and attachments) serve several purposes. They are useful for: contacting people who are always "not available" whether in person or by phone confirming important information received orally, in meetings or through phone calls recording and confirming important "understandings" and promises recording and confirming timelines and deadlines
37 When you represent yourself, you want to be as factual as possible and keep your emotions in check. This is easier to do if you have notes to refer to, during any explanation of your position. Oh yes, and don’t forget the… nice shoes! Dealing With the Courts
Courts are a major part of the legal system in Canada and, despite their best intentions, they can be intimidating and stressful for ordinary citizens. Sometimes, they are absolutely essential for the administration of law, and in this regard, there are many different kinds of courts with different jurisdictions and levels of authority. There are times when you may need a lawyer just to figure out which court is right for your case. Courts may involve police, sheriffs, clerks, bailiffs, prosecutors, or magistrates, not to mention written documents like affidavits or restraining orders. The language… and the personnel… and the procedures… even the furniture… these are foreign for most citizens, so… despite attempts at accommodation, can you imagine how confusing this can be for a person who is hearing or vision impaired? Everything seems to made up of, at least, two other things!
Courts
The responsibility for the court structure in Canada is divided between the federal and provincial governments. While the names of courts may vary from province to province, the system is roughly the same everywhere. The provinces divide their court system into two levels — Provincial courts and Superior courts. Provincial courts deal with most criminal offences and many civil cases. There may also be certain “specialized” family or youth courts at this level. Superior courts, at the higher level of the Provincial court system, are also divided into two distinct levels — a trial level and an appeal level. The trial level, or the Supreme Court of the Province, has the
38 authority to hear serious civil and criminal cases while the Court of Appeal, at the appeal level, hears appeals from the “superior” trial court. (Maybe the head-bone is connected to the leg-bone?) In any case, the provinces have jurisdiction over the administration and maintenance of their courts, both for civil and criminal cases. The federal government’s focus, on the other hand, is on criminal law and procedures and, for example, involves prosecutions related to the Criminal Code, the Narcotics Control Act or the Competition Act.
You can bet that the federal government has, at least, two levels of courts as well, COURT LEVEL not to mention the REGURGITATOR responsibility for reviewing the decisions of some administrative tribunals such as the National Parole Board and the Immigration Appeal Board.
“In the final analysis, the Supreme Court of Canada is the “final word” although it does have nine members representing the five major regions of the country. The Supreme Court may decide questions about the interpretation of the Constitution or complicated areas of public or private law. It also hears appeals regarding decisions of ANY other appeal court and its judgements are FINAL. They’re the only ones who can say, `because we said so!' ”
39 More about those Courts
Our society has developed many institutions to ensure that, when individuals and organizations have a dispute, they are able to resolve their differences peacefully. There are various types of courts that allow people, businesses and governments to get their disputes decided by judges. When a dispute involves a small amount of money or property, that dispute can be decided by a “small claims” court, which is less formal and less costly than courts dealing with larger sums or more complex issues. The types of disputes handled in all general kinds of courts, may include things like the cost and quality of goods and services, payment for goods and services, ownership of property, or deciding responsibility for accidents.
More complex types of disputes, may relate to such things as wills and inheritance, taxation, insurance, or serious injury that occurs through an accident or medical procedures. Disputes involving more complex problems, or larger amounts of money, are generally decided by higher trial courts. The top court in each province or territory is an appeal court. Decisions made by many courts, boards and tribunals at lower levels within that province or territory might be appealed to that top court. Within areas of responsibility governed by the federal government, such as immigration, income tax, agriculture, banking, fisheries and railways, there are also federal courts. All judges within a particular "jurisdiction" (geographic area or sphere of responsibility) must interpret and apply the law in compliance with decisions made by the highest appeal court in that jurisdiction.
The chief appeal level in the country is the Supreme Court of Canada. For all intents and purposes, rulings by the Supreme Court of Canada must be followed – that is, both obeyed and implemented — by all judges, lawyers, governments and everyone else. It is the “final” court of appeal in the Canadian legal system.
40 In every part of Canada, there are non-lawyers such as “paralegals", "community legal workers" and "law students" who are allowed to assist or represent people with certain restricted kinds of legal problems. In Quebec, besides lawyers ("barristers and solicitors"), there are "notaries" who handle many sorts of legal matters, especially non-court legal work. In other provinces, there may be a “notary public” who has only limited expertise and authority, generally with respect to signing, witnessing or verifying the authenticity of certain documents.
Legal arrangements like renting an apartment, buying a house, preparing a will or getting a driver's license do not involve litigation. They do not lead to a court hearing or a board/tribunal hearing. When litigation does occur, the people caught up in it must deal with a variety of officials who handle the paperwork and manage the court or tribunal proceedings. Often a clerk at a courthouse or working for a board or tribunal can informally provide useful and practical guidance. Less often, but increasingly, court clerks or other staff will make efforts to accommodate someone’s disabilities by removing barriers or taking positive steps to accommodate.
“Also important in legal-judicial processes are officials who deliver notices to witnesses, arrange for individuals to become members of juries for some criminal and non-criminal (`civil') cases and help to enforce the judgements of courts or the decisions of tribunals. Enforcement activities by such officials can include seizure of money or property, jailing of criminals and so on. One official prominent in these regards is called a Sheriff. Usually, it’s not good news when the Sheriff comes callin'.”
41 Working With a Lawyer’s Assistance
Lawyers, like everyone else, are just regular people trying to make a living, and there are a lot of them that try to make a difference by doing pro bono work. Really though, a lawyer should be your LAST resort. Don’t just give your case over to a lawyer. You should stay in charge and push for what you need. Always ask “Why?” and challenge for a better way. Lawyers will always step up if you make them accountable. Have the confidence to ask and assert your rights. People usually start dealing with a dispute before they realize that it actually may be “legal” in nature. It is a natural impulse to try to resolve any problem that matters to you, but sometimes, the problem can be complicated and overwhelming. In such a situation and, when you can afford it, it may be in your best interests to hire a lawyer to handle or guide any difficult legal implications. Regardless of your organizational or research skills, you might overlook critical legal considerations. That is a time, when a lawyer may serve a useful purpose.
You are likely to need a legal professional’s guidance, for instance, in negotiating fixed deadlines, including “limitation periods”, or with complex legislation or procedures, or with an appeal. Missing a deadline, or failing to gather data that is key from a legal perspective, could seriously affect the outcome of a deserving case. A lawyer can also help you to determine whether pursuing a court action or a tribunal hearing is wise and appropriate.
Many people may not give serious thought to hiring a lawyer because of financial and time constraints or because of the difficulty in finding a lawyer who understands the particular case.
42
“Of course you ideally want a lawyer who explains things well, and has good knowledge of human rights law. Your lawyer should also understand the specific law areas related to your legal problem, and has good advocacy skills. If you do get involved in a court case or tribunal hearing, the lawyer can provide guidance on what kinds of documents and other evidence you need to gather, and on how to use and contact expert witnesses.”
Just To Make You Smile...
Like everyone else, lawyers have their good days and their bad days, but at the end of any day, they are still just people... and some even have a sense of humour. For some Canadians, “lawyer jokes” are quite an entertaining pastime, and the best jokes are often told by lawyers themselves. You might get a laugh out of the following comments which have been attributed to lawyers in actual court proceedings. Under Cross-examination Now, doctor, isn't it true that when a person dies in his sleep, in most cases, he just passes quietly away and doesn't know anything about it until the next morning? Was it you or your brother that was killed in the war?
Were you alone or by yourself?
How far apart were the vehicles at the point of collision?
43 Can you give us an example of something you've forgotten?
Apparently, then, the date of conception was August 8 and what were you doing at that time? You don't know what it was, and you didn't know what it looked like, but can you describe it? You say that the stairs went down to the basement, but did they go up also? Q’s and A’s Q: Have you lived in this town all your life? A: Not yet.
Q: All your responses must be oral, ok? How old are you? A: Oral. Q: What gear were you in at moment of the impact? A: Gucci sweats and Reeboks. little “exchanges” Q: How can you be so sure the patient was dead, Doctor? A: Because his brain was sitting on my desk in a jar. Q: But could the patient have still been alive, nevertheless? A: Yes, it is possible that he could have been alive and practicing law somewhere. Judge: "Well, Sir, I have reviewed this case and I've decided to give your wife $775 a week." Husband: "That seems fair, your honour. I'll try to send her a few bucks myself."
44 Serious stuff about lawyers
Few people can afford large legal bills, and no one likes a “fee- shock” surprise. For that reason, one of the first items to discuss with a lawyer are the fees and other costs that will be charged. Be aware that most lawyers charge for telephone calls, letters, out-of- pocket expenses, research time and other time spent on your case, in addition to time spent when you are in the lawyer’s office. You should ask for a letter that explains the basis of fees and gives an estimate. Remember however, that even estimates can cost, and accurate ones are often difficult to provide at the beginning of a case. You might decide first to request just one or two consultations and general guidance on how to approach the case. Ask how much you can do on your own, to reduce the fees and costs. For example, you may be able to do some research, compile evidence, find experts, deliver documents and copy material. The more you can do, the less you will have to pay the lawyer or any support staff.
If a lawyer suggests a particular course of action, ask for comparative explanations of any other options, including the likely cost and practicality of each. Lawyers often need time to research applicable law and additional facts, and can rarely give a snap answer during your first meeting. You should set a reasonable time limit on how many chargeable hours you will authorize - before the lawyer starts charging. A lawyer’s billable time - and fees - can mount up quickly for what looks initially like a simple request for advice. Something that a lawyer may want to do in the very beginning is review all relevant documents that you have. To take less of the lawyer’s time, because you are paying for it, you may wish to prepare essential documents as suggested below.
Arrange all documents in chronological order, with the most recent documents on top. You could organize certain official documents by category, but only if you have separate copies of those documents.
45 Don’t write comments on the original documents, because these may later become “exhibits” at a hearing or in court. Prepare a written description, again, in chronological order, of the events that led you to consult with the lawyer. Provide a list of key people who have been involved with your case. Include names, titles, places of work, addresses, e-mail addresses and telephone numbers.
If you hire a lawyer for work that may take a long time, you should ensure that the lawyer reports to you regularly on progress. A lawyer requires informed consent for every service performed. You must listen carefully when past and proposed legal steps are being explained. You should read all letters and documents carefully – ideally not during the lawyer’s billable time. Don’t be shy about asking questions to make sure you know what is happening. It is not a good idea to rely on a lawyer's advice, unless you understand why a certain course of action is recommended.
There are “Lawyer Referral” services offered by many law societies across Canada, but the categories used by these services are broad. For that reason, they may not provide the name of a lawyer ideally suited to your type of case, especially if it involves disability issues. A better idea may be to contact an issues-specific consumer groups or a disability organization to get advice or recommendations regarding local lawyers who specialize in your field of concern.
Legal Aid and Pro Bono Legal Services
Legal aid may be available to assist accused persons to defend against serious criminal charges in most parts of Canada. In some provinces and territories it may also be available for a wider range of problems. It is worthwhile to check on this option. In Ontario, for instance, there are many kinds of cases that lawyers can handle while being paid from public funds through a Legal Aid Certificate.
46 Note, however, that many lawyers refuse to do legal aid work because they believe that legal aid plans do not pay enough for the service required. This can be problematic, but do your research just the same. An additional problem is that your income and resources must be quite low to qualify financially for legal aid that allows you to hire a private lawyer.
“If you find a lawyer through legal aid, ensure that the legal aid plan directors allow for sufficient billable hours for preparation, attendance at any hearings and costs for experts. Although this may sound straightforward, be prepared for the unexpected and expect some irritation.”
A legal aid clinic or community legal aid office/centre, including a legal aid clinic associated with a law school, may be of help to someone who cannot obtain a lawyer privately. The clinic’s services may be free of charge for low-income people, but there will be areas of law that it does not or cannot handle. On the other hand, the personnel of community legal aid centres tend to have expertise on areas of law that are of direct concern to people who have disabilities. Some individual lawyers and some law firms are willing to undertake occasional work “pro bono” (“for the public good”) doing most of the work for little or no money.
On the other hand, and in the event that you believe that your lawyer has charged too much for the services provided, you may apply to the courts to have those fees reviewed. This process is called “taxation” and is unique to the legal profession. Your lawyer's bill of costs will be reviewed by a taxing officer appointed by the court, with the authority to allow, reduce or disallow any fees and charges.
47 An annotated resource section in this guide lists telephone and email coordinates for legal aid, consumer groups and legal information sources. They include national and provincial references from across the country and some sources of free legal assistance. In every instance, remember and understand that you are in the driver’s seat. Good to Know…eh?
Money — working for it
Income is the total amount of money you earn during any given period of time. For government purposes, it is the complete amount of money before any deductions are made, usually for taxation purposes. Remember that seventy percent of the Canadian government’s income comes from such sources as personal income taxes, goods and services sales taxes, inheritance taxes and property taxes. For some citizens, income comes from such sources as gifts, investments, properties, or even lotteries. However, for most Canadians, income is the result of work for wages. Today, work takes up about one-third of a person’s daily life and it is very important in determining how we see ourselves.
In 1980, Chief Justice Brian Dickson explained that:
“Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self- worth and emotional well-being.” Most Canadians with disabilities understand very well, the importance of access to employment — jobs that enhance a sense of personal dignity, independence and self-worth. Even so, the statistics are disheartening. People with disabilities make up about fifteen percent of the population and only five percent of Canada’s
48 workforce — usually with incomes considerably less than those of “able-bodied” workers.
Issues like the elimination of systemic barriers in hiring and promotions, appropriate accommodations in the workplace, and the provision of disability benefits when a worker has to withdraw from the workplace, have a profound impact on anyone’s sense of financial security and self worth. Retirement and Pensions Retirement is usually a welcomed time in a person's life when the routines and demands of work are replaced by leisure and recreational activities. Most people retire between the ages of fifty- five and seventy, and live off their savings or a pension income. A pension is just an amount of money paid at regular intervals by an employer to an employee. More often than not, it is based on years of work and service and financial contributions made during the work period. There are several types of private and public pensions with all sorts of conditions and options. You usually ASK about them and APPLY for them. The public plans are very important for most Canadians…who work. The Canada Pension Plan (CPP) began in 1966 as a contributory earnings-related social insurance program. Accordingly, all Canadians over the age of 18 must contribute a portion of their earnings to the plan, and after the age of 65 they receive in return, a monthly benefit payment of about 25% of the earnings on which their contributions were based. Benefits are reviewed regularly and adjusted annually according to the Consumer Price Index — a cost of living measurement. The plan has several options such as survivor benefits or pension sharing for tax advantages, or even early retirement with reduced benefits for people between the ages of 60-64. Obviously, a lot depends on a person’s health or retirement plans. CPP operates throughout Canada, but Quebec administers it’s own compulsory insurance plan – the Quebec Pension Plan (QPP). Both of these plans pay benefits to WORKERS who become disabled, retire, or die, and they are designed to be self-sustaining. CPP and
49 QPP offer financial protection to everyone who contributes, that is, people who work. Usually employers and employees contribute equally to the plans, while a self-employed person must contribute both portions.
The Government of Canada funds an Old Age Security Program (OAS) as an income system with a modest pension for low-income seniors (age 55 and over) who have been living here for at least 10 years. An applicant’s employment history is not a factor in determining eligibility. For those who have little or no other income there is also a Guaranteed Income Supplement (GIS) — a monthly benefit determined each year and based on an applicants annual income. Like most other public pensions, there are lots of options ,and to receive it, you must APPLY for it. If you are injured at work, you may qualify for workers compensation. This insurance program can cover your medical costs and give you money for the injury you suffered or the work you missed. Your injury needs to be work related and medical reports help prove the injury or consequent disability. There are provincial Workers Compensation Boards to decide if you qualify for compensation; and if so, you will receive regular payments. The payments are based on an individual’s salary and the industry they work in, at the time of injury.
If it is determined that a person cannot return to work, long-term disability considerations (LTD) come into play. Benefits in these cases are usually based on an insurance plan, with payments made regularly to the claimant until age 65. There are many different public and private insurance plans, each with differing definitions, policies, and processes for validation and administration. Some plans are compulsory, some pay very little in benefits, and some have strict medical reviews. They can be quite confusing. Often claimants consider long-term disability unfair, and adjusting to life with a disability only complicates the matter.
50 For some workers who become disabled on the job, the only recourse for income support may be Employment Insurance sickness benefits or CPP disability benefits. There are some provincial disability support programs as well, but “peace of mind” is not easily attained, since a substantial portion of a person’s earning potential has usually been lost.
Workers Compensation and Canada and Québec pension plans are available to people who have been employed and who have contributed to these plans. But 65% of people with disabilities who are employed, earn less than $10,000 per year. Their ability to make a long-term disability claim for a subsequent injury is compromised by, what seems to be, a punitive schedule of benefits.
BUREAUCRACY...BUREAUCRACY...BUREAUCRACY
ack required virtually total personal support, but he could still use J a hands-free telephone. Unable to find paid employment, he volunteered with the Canadian Red Cross. Three mornings a week, he reminded blood donors about their appointments. Because his local Red Cross building was inaccessible, a public-spirited quartet, including his dad, carried him up to the floor where the telephones were located.
All this time, Jack was receiving a CPP disability pension — at least until the “powers-that-be” found out about his volunteer phone gig. Incredibly, they pulled a “… capacity to engage in remunerative activity” qualification from their regulation book and declared that Jack was no longer disabled. That’s right! A man who could barely feed himself was declared able-bodied, for the purposes of the Canada Pension Act. A formal tribunal eventually resolved the consequent dispute, awarding Jack the continuation of his benefits as well as two years of full back pay. Nonetheless, Jack and his family had spent many frustrating months challenging such high-handed and bureaucratic treatment.
51 Today, the idea that programs should work FOR people pervades much of the public service. In the last several years, CPP disability officials have made genuine efforts to understand the turmoil that besets people who become disabled in mid-career.
Money — not working for it
The Social Safety Net... holes tied together with string. There are times when a person with a disability just can't work, regardless of accommodation. In these situations, income is provided by various governmental programs, each with a different structure and requirement. Eligibility is not necessarily based on need, but often based on how the disability is acquired, be it work related or non-work related. Individuals, including those with a disability, may receive non-work related income from various levels of government, but it is seldom enough, if that's all they have. Independence and life with dignity can have little meaning for them.
There are several kinds of public income assistance programs for Canadians, and to a large extent they are closely related to the tax system for delivery or assessment. Consider GST credits, child tax credit benefits, pension benefits, employment insurance benefits, or child disability benefits. People who don’t work may not be aware of, or capable of completing a tax report. As far as they are concerned, Einstein got it right when he said, “the hardest thing in the world to understand is the income tax”... he wasn’t even Canadian.
Many people in this situation end up on social assistance- provincial plans to help people who can’t get government benefits for one reason or another. Even then, they must APPLY for help, proving need because of financial problems or some other requirement like childcare responsibilities or a disability. In these cases the financial benefits are used to pay for food, shelter, clothing, prescription drugs or other health services. Regardless of the province or the
52 municipality the amount of money given out is usually little, and the individual subsists below the poverty line.
Given the credit-based economy that prevails in Canada, these recipients are even further marginalized from the mainstream. Add to this, a recurring workfare debate and the situation is quite bleak .Today, it seems that social assistance or welfare payments are intentionally kept low, in order to encourage recipients to “make something of themselves”. Since many people with disabilities have never worked, they have never contributed to any related pension plan, and cannot qualify for any kind of retraining. Ironically, looking for any kind of income can be a full-time job!
Money… concerns for the future
Regardless of how it is acquired, money is the essential commodity that most Canadians use every day as consumers in the marketplace. Based on what we can afford, we use money to purchase food, shelter, clothing and services to maintain our quality of life. For most people, that money comes from work and investments, and sometimes some of it may be saved for future use…more often than not, as a pension.
Of course, some people cannot work and therefore have very little extra money to put aside for the future. Some others may have had money and lost it, for whatever reason. Both situations cause a shortfall in their expected quality of life. In either case, there are still things that can be done to prepare for the future. What about Bankruptcy? If someone has debts in excess of one thousand dollars and is unable to pay them off now or in the foreseeable future, bankruptcy, under the Bankruptcy and Insolvency Act, is a possibility. Such a declaration cancels some debts and stops legal action by creditors. In bankruptcy, most property is transferred to a trustee who acts like a lawyer or an accountant appointed under the Act. The trustee will
53 handle all the legal obligations involved, sell any property, even a house, and use the proceeds to pay creditors. Property that can be retained varies from province to province, but usually includes basic furniture and work tools. The trustee is aware of the applicable provincial or territorial law, as well as the debts that must be paid or might be forgiven. For example, fines, spousal support or outstanding student loans are not negotiable. Generally, if creditors agree, a discharge may be granted within a nine to twelve-month period. After declaring bankruptcy, all creditors should be referred to the trustee and in most cases, bankruptcy will not affect a person’s job, although credit may be more difficult to get.
It's very important to know about rights and responsibilities in any bankruptcy proceedings. Each situation is unique and a detailed discussion with the trustee is useful. The Office of the Superintendent of Bankruptcy (OSB) has a Bankruptcy Assistance Program to help anyone file for bankruptcy and hire a trustee Taxes, Trusts 'n Stuff There are all sorts of programs offered by governments and the private sector to help you save or put aside money. What’s the difference? Well, when you “save” money, you pay the taxes on it first, and then sock it away for a “rainy day”. You can use your money at any point as you wish. When you put money aside, it is usually “registered” for tax purposes, but you do not have to pay any tax until it is “de-registered”. The federal Income Tax Act offers a number of non-refundable credits for disability and medical expenses, and in many cases, these can reduce a person’s amount of tax payable. The Advocacy Resource Centre for the Disabled (ARCH) publishes an “Income Tax Special” each year as a guide for people with disabilities. It always has ten “Tax Tips to Remember” and deals with current tax legislation and frequently asked tax questions. They also
54 offer a number of seminars on government benefits and tax planning and the organization is identified in the Sources and Resources section of this guide.
STUCK BETWEEN OFFICIAL POLICIES
or many years, Revenue Canada officials told deaf post-secondary F students, “don’t declare monies you’re being given to obtain sign language interpretation during class time, and you won’t have to pay a tax on it.” That advice probably sounds fine to most people, but to Scott, it meant a government operating “under the table”, and ignoring a vital principle — their obligation to accommodate persons with disabilities in the interest of equal treatment.
In this case, and for their own convenience, the university officials used a bursary fund to distribute monies to deaf students, for the purchase of sign language interpretation. The students were caught in a tax bind. Revenue Canada considers such bursary-based funding as taxable income, regardless of its purpose. The court sided with the tax man. Scott’s pursuit of fair and equal treatment remains “unfinished business”.
Financial planning can be very complicated and is often a dry subject. A financial plan can include various kinds of insurance, investment portfolios with annuities and bonds, and wills, properties and assets. It is often a good idea to seek expert advice from a professional financial planner, maybe based on the recommendation of a good friend or a trusted disability organization. Trusts companies, banks and insurance companies are not all the same and government policies and programs vary throughout Canada.
Most people want to provide for their dependants in a responsible manner, and this is particularly true when the dependant has a disability. Parents may worry about the care and support of a son or daughter with a disability, in the event of their own death and, in
55 such situations, there are trusts and programs that can be established to benefit the children. We now live in a time when governments, communities, families and individuals can share responsibility for the care and support of people with disabilities and there are much more flexible regulations about assets and financial support. Nonetheless, it may be wise to get professional advice in order to provide adequately for a dependant with a disability — not just today, but for the future. There are plan that allow your dependant as much control and discretion as he or she can handle, and others that assign responsibility to your chosen trustee for both financial protection and personal support.
There are also “Discretionary Trusts” that can be set up to complement existing government support plans and they can include the person with a disability as a potential beneficiary along with others. There are other kinds of trusts in which government benefits are not a factor. Much of this is explored in detail in “The Wills Book” available from the Ontario Association for Community living. They have over one hundred local associations throughout that province. On the national front, the federal government has already announced a Registered Disability Savings Plan (RDSP) to help parents ensure long-term financial security for a child with a severe disability. RDSP contributions are not tax deductible but, income “accumulated in the plan” is not taxed until it is eventually paid out to the beneficiary or the beneficiary’s legal representative. You can expect that the beneficiary’s tax rate will be lower than that of the contributors.
There is a two hundred thousand dollar ($200,000.00) maximum life-time contribution ceiling, and the good thing about this plan is the Government’s intention to match contributions up to seventy thousand dollars ($70,000.00). There will be a Disability Savings Grant to match the first twenty years of contributions into a Disability Savings Plan. Calculations will involve a sliding scale that is tipped heavily in favour of low-income families.
56 Prejudice, discrimination and harassment.
Prejudice usually refers to a subjective and biased point of view that results in misconceptions and stereotyping of individuals because of such things as language, gender, wealth, politics or skin colour. Prejudice fosters negative attitudes and unfair treatment towards individuals, usually within a minority group. When that occurs, it becomes discrimination — an ACTION that is unfair, hurtful and perhaps even hostile.
Sometimes, someone may do something to you, or say something about you that leaves you feeling resentful or unworthy. Although it may be an unpleasant experience, that doesn’t necessarily mean it is a discriminatory ACTION. If you believe you are victimized by this action, it can be difficult to be objective and fair in assessing it. If you honestly think a particular action is based on a prejudicial attitude, it is probably a case of discrimination. However, when you are personally involved, it is not an easy thing to determine. You may need help from a friend or a lawyer who can be more objective Imagine what it might be like for someone who is fired or “laid-off” from their job. Contrary to popular belief, an employer can terminate someone’s employment at any time. In most cases, there is “labour standards” legislation that will come into play about such things as severance pay, notice, or even pay in place of notice. Unions may be involved as well, especially to guard against discriminatory or unreasonable conduct. In Canada, about ten percent of the labour force is regulated by the federal government, and all others come under the scrutiny and control of provincial and territorial governments. Each jurisdiction develops its own codes and rules about employment… and none of them allows discrimination.
Keep in mind that there are also “rightful” causes for dismissal, including such things as insubordination, chronic lateness, or criminal behaviour such as fraud, theft or assault in the workplace.
57 Personality conflicts, however, are NOT reasonable cause for dismissal. It is very difficult to prove, even if it borders on discrimination. If you think you have been “wrongfully” dismissed, you may want to consult a lawyer for advice before taking legal action. If you do end up winning a “wrongful dismissal” lawsuit, you may be entitled to compensation based on such factors as your experience and service, your age and the difficulty involved in finding a SUITABLE job. Win or lose, the process is always difficult and often stressful, especially when a claim about discrimination is involved.
People are people, and in Canada, prejudicial attitudes are a part of everyday reality. Because it is difficult to make attitudes a subject of legislation, there are media and public education campaigns to promote understanding and respect for all sorts of minorities. We do have laws to protect against discriminatory ACTION, however. Our rights to equal and fair treatment are guaranteed by law, not only federally, but also provincially. As well, we have in place, organizations to uphold those laws and protect everyone from discrimination. All Canadians are protected by the Charter of Rights and Freedoms, regardless of race, sexual orientation, religion, disability, pardoned criminal conviction, or age, amongst other things. While most of us think of discrimination as something that occurs between individuals. However, there are times when institutions or organizations may have policies, standards or practices that are discriminatory — that is, they contravene the Charter of Rights and Freedoms. For instance, in British Columbia, a female forest- firefighter was dismissed, after 3 years on the job, because she could not pass a newly established aerobic fitness test. Her Public Service Employee Relations Commission argued that this new standard discriminated against most women because they usually have a lower aerobic capacity than men…. therefore, it should not be considered a “Bona Fide Occupational Requirement” (BFOR) for firefighters. The case went all the way to the Supreme Court. In
58 their ruling, the Court concluded that the adverse effect of the “new fitness policy” was artificial and inconsistent with the purposes of human rights legislation, striking a blow against systemic discrimination.
The Canadian Human Rights Commission (CHRC) plays a leadership role in public education and enforcement regarding discrimination. The CHRC operates under the Canadian Human Rights Act to investigate and try to settle complaints about discrimination. Their particular focus is on employment in all areas of federal jurisdiction, including those related to unions and service providers. There are eight commissioners with a team of professionals to monitor government programs and activities, help in the resolution of discrimination complaints, and ensure compliance with Canada’s Employment Equity Act. This Act has been designed to establish equal opportunity to employment for women, Aboriginal persons and people who have a disability or are members of a visible minority. For example, when an employee is harassed — that is threatened, intimidated, verbally abused or even assaulted physically — that employee becomes a victim and may request help from the CHRC, by mail, phone or email. A staff person will discuss any alleged grievance, explain the complaint process and perhaps, suggest constructive ways to resolve the dispute. If the complaint is not a federal matter, advice about more appropriate contacts will probably be offered. Otherwise, an investigator will open a file, and collect information and evidence about the allegation. If the dispute cannot be resolved amicably by the parties involved, and the evidence warrants it, the case will be sent to a Human Rights Tribunal (HRT). All of the costs for investigation and reviewing a complaint are paid for by the CHRC until the matter is dealt with, including the costs of trying to bring about a settlement by negotiation or conciliation. If an HRT is appointed and decides that the complaint is valid, it will assess harm and order compensation. It is a very public part of the justice system. If the complainant’s case is dismissed, that still may not be the end of it. A Tribunal decision can be appealed to the
59 Federal Court and if need be, all the way to the Supreme Court of Canada. For most of us, this may be newsworthy, but it is a rare occurrence.
“RULES-WAS-RULES” AND WE’VE COME A LONG WAY.
In the early eighties, Ruth was an enthusiastic young athlete who served on the board of Wheelchair Sports Canada. At that time, flight regulations stated that “those unable to get from their seat to the plane’s wash-room must be accompanied”. The policy was not very specific and since passengers were never asked to occupy a seat for over three hours anyway, that regulation had never been a concern … until some Air Canada employees went on strike, that is.
On a fateful Saturday morning in May, anticipating nothing more than another flight to a regularly scheduled Wheelchair Sports board meeting, Ruth showed up, with ticket in hand, at the Air Canada gate for her flight. She was asked by the substitute manager, “can you get to the cabin’s wash-room unassisted?” She explained that she would be no more of a problem this time than she ever had been during previous flights. Her explanation was totally disregarded, and she soon found herself being wheeled out of the airport and, quite literally, left on the curb to consider how essential it is that laws be in place to protect people with disabilities from such a gross violation of their rights.
Abuse and Neglect
Abuse of Power! Verbal Abuse! Drug Abuse! Human Rights Abuse! Sexual Abuse! Elder Abuse! Abuse… Abuse… Abuse…! You can’t go a single day without hearing about some kind of abuse! But, what does it really mean?
60 For our purposes, abuse occurs when one person intentionally causes harm or injury to someone else, either by action or inaction. It may happen if something that is wrong or unlawful is done to someone else or even if someone purposely neglects to do something that is right. Abuse is often very difficult to identify, but generally it happens when a person cannot defend himself or herself against threatened or actual harm… in other words a misuse of power.
Abuse can have different meanings for different people. Individuals, families, service providers, governments and courts of law react differently to abuse, depending on who is defining the abuse and who is experiencing it. In Canada, each year, as a result of child abuse, fifteen thousand children suffer long term or permanent disability. How many adults live with a disability now, because of abuse earlier in their life? In 1999, sixty seven percent of women with disabilities said that they were physically or sexually assaulted as children. No one knows what impact that abuse may have had on the development of their particular disability. For persons with disabilities, it is not always easy to identify abuse, even when it happens, or is still happening, to THEM. It can be as simple as taking away a wheelchair or assistive advice, or cashing a cheque without permission, or giving someone too much medication or telling someone they are stupid or ugly. It can be as obvious as slapping or kicking someone, stealing their money, or forcing them to look at or touch someone else’s body. Some individuals with disabilities spend a lifetime living with oppressive or abusive treatment, and they may not be aware of or understand what is abusive about their situation. Nonetheless, the abuse is real and there is an imbalance of power between the victim and the abuser. It can often be very subtle, but abuse always involves power in a way that hurts someone else.
Although no one is immune, individuals with a disability are often more likely to be abused. Research shows that people who are
61 culturally or geographically isolated, or dependent on others, or have low self-esteem or limited communications skills are at greater risk of abuse. For many Canadians with disabilities, these are all too common situations. Add to this, the following research statistics: The more significant a disability, the greater the chances of abuse (Seniors with Disabilities Abuse Prevention Model, CAILC, 1995). Persons who live in institutional settings are more likely to be abused than those living in their own homes (Sobsey, 1994); 67% of women with disabilities have been physically or sexually assaulted as children (DAWN Canada, 1999); People with physical disabilities combined with severe speech disorders are 2-6 times more likely to suffer physical, mental and sexual abuse as a result of their inability to communicate effectively (Sobsey, 1994); Persons with developmental disabilities are more likely to be re- victimized (Colman, 1997); 81% of psychiatric inpatients reported a history of physical or sexual assault (Office for the Victim’s of Crime, US Department of Justice, 2000); Women with certain types of disabilities, like cognitive disabilities or persons who are non-verbal, are at particular risk for abuse (Strong, Abuse and Women with Disabilities). An increased number of persons with disabilities, particularly women amputees, are being sexually harassed on the internet (“Working towards a Harassment Free Internet” 1999);
62 SO EASY TO BE INSENSITIVE…
"I cannot remember the first time I realized my husband was being abusive. I think it was a gradual thing. I was diagnosed with M.S. two years after we were married. Initially my husband was very supportive and encouraging. In the early stages, I did not understand what was going on. I would drop things for no reason, tire easily and spent much of my time resting. Because of this, the housework was not done as well or as often and supper was often late or not prepared. It was at this time, my husband began saying I was lazy, a klutz and doubting whether I was capable of raising our one and a half year-old daughter. He would watch me constantly waiting for me to make a mistake. He started to get angry more often and would not speak to me for hours on end. As a result, I began to believe what he said, so I steadily did less. The abuse got to the point where he no longer said anything nice to me. He would not touch me and he decided to sleep in the spare bedroom, away from me. This was the loneliest time of my life. I felt so alone, unloved and unwanted"
With every different type of abusive situation, there is emotional abuse. Emotional abuse refers to a long-term situation in which one person uses his or her power or influence to adversely affect the mental well-being of another. Emotional abuse can appear in a variety of forms, including rejection, isolation, exploitation, and terror. Emotional abuse can be the hardest type of abuse to explain or recognize. It is also the hardest type of abuse to recover from, and takes the longest time to heal. There are no bruises or broken bones, but there can be great humiliation and shame attached to being the target of emotional abuse. Everyone knows the saying: "Sticks and stones will break my bones, and names will never harm me." This is just not true.
63 It’s not easy to predict who might be an abuser, in any particular situation. There is no useful or fair profile or stereotype. The only common characteristic is an “unfair” exercise of power over a victim. The abuser could be a family member, an institutional care-giver, a trusted friend, a personal assistant… even another person with a disability. This is a very serious matter.
If you think someone is abusive toward you or someone else, there are some common-sense steps you can take. Tell someone you trust, like a family member or friend, a staff person at a local disability organization, your doctor or perhaps someone at a crisis help centre. Call the police if you have experienced physical violence or sexual abuse or if you feel threatened. Write down as best as possible what you remember happening including dates, times and witnesses. Get support from community councillors, advocates, or special agencies.
No one knows for certain why some people are abusive, but abuse is widespread, and people are usually embarrassed or afraid to talk about it. For more information about abuse and how to deal with it personally, check the agencies and organizations listed in the “Sources and Resources” section at the back of this book.
Contracts… life is full of them
A contract usually refers to a written understanding, although it can sometimes be oral, between parties that intend to carry out an agreement. Contracts are protected and enforced by law, so it is important to understand what you are agreeing to, from the very beginning. It’s not a bad idea to ask someone you trust to read a contract over, before you sign it, because it can be very difficult to
64 get out of a contract. In many provinces, there are rules about the time you might take to think about a contract, such as one with health clubs, or time-shares, or door-to-door sales people. Insist that any contract for you be written as clearly as possible and that everything is put in writing, including how you would resolve any disagreement. In this respect, a clause about some sort of mediation might be appropriate and helpful.
There are some contracts that are fairly standard and familiar to most people. An insurance policy, for example, is a contract that provides for compensation for loss or harm of health or property. There are some specific insurance policies that relate to cars, dental care, or employment, and these can be purchased from many sources that are very competitive. Almost anything can be insured and different businesses offer different features. Take the time to research the insurance company and don’t just look at cost. Check their reputation for service. Many factors are considered in developing an insurance policy, including age, marital and family status, or even income and debt. Statistically, insurance is a family’s fifth-largest expenditure, and too often, people really don’t know what they have bought until they need it. Check the “small print” in your insurance policy in order to avoid unhappy surprises should you have to make a claim. Buyer beware makes a lot of sense here. Be sure to read the small print! Wills and Power of Attorney One important contract that everyone should consider is a will. This is a legal document that explains your last wishes concerning your property or estate after your death. A will is usually a written document that is signed by witnesses. It allows you to describe the disposition of your property, in specific terms. You can also identify how your children, if any, should be looked after. This can avoid a lot of cost, wasted time, and inconvenience, at a very stressful time for your survivors. If there is no will, then no one has authority to deal with your estate, regardless of how big or small it might be, until such time as a court appoints an estate trustee. What a headache!
65 The law relating to wills varies from province to province. In Canada there are three types of wills. A holograph will is one that is written in your own hand writing and can be very simple — signed and dated. An attested will is one that is witnessed by two others and signed by you. Often it is prepared by a lawyer or a notary. A notarial will is drafted and witnessed by a notary in Quebec, and relates to the specific laws of Quebec.
The cost of wills can vary considerably, depending on who prepares them and how complicated they may be about such things as directions about children, RRSPs, pension income, or debts. You do not have to have a lawyer to write your own will. In fact, there are some simple outlines available on the Internet or from stationary stores to help you. Nonetheless, it is not a bad idea to have your will reviewed by a lawyer, afterwards.
Although you can give any of your property to anyone you wish through your will, your debts must be paid first. Before you leave everything else to your “cat”, you must consider and provide for any person who is dependent on you, such as your spouse or your children.
The idea of a living will has gained considerable prominence because of recent advances in research and medical treatment. A living will is a legal document expressing your desires regarding any medical decision about the use of artificial life support systems for you. It will be used in the event that you are incapacitated or unable to act on your own behalf. You may give healthcare power of attorney to another individual to make decisions on your behalf. A power of attorney can also be used to ensure that a friend, trusted family member, or reputable professional will look after your financial affairs if for some reason you become debilitated. Remember that giving someone a power of attorney is like signing a blank cheque,
66 so choose wisely, because the law respects the power of attorney. It is always a good idea to establish a power of attorney, when developing a will. It can prevent a lot of future headaches.
Buying a home is a very important decision too and more often than not involves a “contract” called a mortgage. Mortgages usually are purchased from a bank in the form of a loan, and your property is used to secure the debt related to the mortgage. Just as in buying an insurance policy, you can shop around for a mortgage. Financial institutions are very competitive, but remember to read everything and be sure you understand. Again, reading the small print is important! Take the time.
Marriage, Divorce and the Consequences – “can be messy”
A marriage is a legally-binding interpersonal contract, with governmental, social, or religious recognition. In most jurisdictions. a common-law marriage is as binding as a statutory or ceremonial marriage. Although the most frequently occurring form of marriage unites a man and a woman as husband and wife, the legal concept of marriage in Canada, includes same-sex marriage. Divorce simply means the legal ending of a marriage under the federal Divorce Act. The procedures for obtaining a divorce vary from province to province. Although a divorce ends a marriage, there may still be obligations related to spousal or child support. While there are several grounds for divorce including adultery, or mental or physical cruelty, most people use the “one-year separation with no possibility of reconciliation” justification because it is easier to prove as grounds for a divorce.
If a divorce proceeding ends up in court, it likely will result in an adversarial process in which the parties are polarized. In these situations, litigation counsel often see themselves as “hired guns”,
67 ready to vanquish the opposition in a “dramatic shoot-out”. In court, it will be difficult to avoid the traditional adversary system “with its exorbitant costs, unrealizable delays and often bizarre and unpredictable results”.
However, in most divorce proceedings involving lawyers, there is a duty to pursue the possibility of reconciliation, including counselling or mediation. The fundamental value of a good lawyer, besides expertise in the law, is objectivity and detachment. They are “counsellors” in the best sense of the word. You do not necessarily need a lawyer to get a divorce but both parties must fully understand the nature of the divorce. A judge could refuse to grant a divorce if this condition is not met, and if appropriate arrangements are not completed - particularly as they relate to any children.
Custody is an important consideration in a divorce proceeding. It refers to the parents’ right to make important decisions about a child’s life, including health, education, and recreation. In law, both parents have a right to custody of their children and although informal arrangements at the beginning of a separation may set a pattern for future access to a child, a judge will ultimately determine the best course of procedure. In some cases, the court may decide to grant custody to other family members or a guardian when that is considered to be in the best interests of the child. Nonetheless, access, which means a parent’s right to visit a child on a regular basis, may be granted by the judge.
Legal advice is recommended because decisions about custody and access are difficult, important and not likely to be changed. In deciding on custody and access, the judge may consider such things as the age and gender of the child, the need for a stable environment, cultural or religious implications, or the loving relationship between the child and the parents. Invariably the judge determines what is in the best interests of the child. Keep in mind that any support payments are determined independent of a decision about access and custody.
68 Dealing with the Police
Members of the police force are government employees, servants of the public, and they are responsible for maintaining and enforcing law in our communities. Most of the time, they enforce public laws in the interests of peace and security. There are many different levels and activities of policing but it is important to remember that the police are there to protect you and the community. There is no need to be adversarial in your relationship with police officers. You have, and they are well aware of, your rights as a citizen.
If the police do stop you for some reason, usually, you do not have to identify yourself unless you are charged with an offence. One important exception occurs if you are stopped for an alleged driving infraction. You must produce your license, your vehicle ownership and insurance documents, and you must also submit to a roadside sobriety test if requested. If you are in an establishment where alcohol is served, you may have to prove your age. Do not give incorrect information to the police because that could result in a “charge” for obstructing justice. If you are ever “charged” you have a right to know the nature of the charge against you and the police must advise you of your right to speak to a lawyer. They may offer you a telephone and some privacy for that purpose. The police must stop questioning you once you have asked to speak to a lawyer. Otherwise, you have a right to remain silent. The police should also inform you of the availability of legal aid.
Sometimes a police officer can be intimidating and not always aware of the circumstances around your particular situation. Keep your cool – not always easy – and try to use the police as a neutral third party in any conflict. This is especially important if you have limitations based on a disability. The police officer has an obligation to make certain you understand all the details regarding any situation that involves you and the law. If this is not the case, you can register a
69 complaint at the police station to that effect. In any situation with the police, mutual respect is important. After all, police are just people, with the same range of emotions as anyone else, thougt they are highly trained. Nonetheless, they have exceptional authority and responsibility and, if things do go wrong, you still have recourse to justice.
STANDING YOUR GROUND
n Ottawa policeman responded to a complaint from Terry, a guide A dog user, one summer evening in the late ‘nineties. Because of his dog, Terry was refused entrance to a convenience store by the manager, a recent Asian immigrant who knew nothing about the law regarding accessibility. Neither Terry’s explanations, nor the full text of the statute on the card he offered, made any difference to the manager.
The police officer interpreted the incident as nothing more serious than a neighbourhood squabble. For him, the problem started when Terry insisted on entering the store with his guide dog. He told Terry, that he could, and would, be summarily arrested for a breech of the peace, if he wasn’t careful. The officer regarded Terry as a problem but he did make certain that Terry was able to complete his business. Then the officer left.
Terry remained quite upset by the whole experience. At a meeting with police officials the following day, when Terry complained about his treatment by the responding officer, the Chief of Police promised a thorough internal review of the incident. The store manager, facing the prospect of an embarrassing human rights violation, agreed to educate his fellow expatriates, and his customers, about guide dogs and accessibility. Terry was satisfied that the store manager learned an important lesson. As well, because of local media coverage, the public became more aware of the importance of accommodation.
70 Going to Court
You may be obligated to appear in court if you are charged with a crime, are a victim of crime, or called as a witness to a crime. You might appear in court, as well, on a civil matter, or simply to observe the proceedings of a case that interests you. Courts are an important part of the justice system and although most people try to avoid them, they are basic public institutions in our democracy... not to be feared, but to be understood.
If a person is accused and charged with a criminal offence, he or she is “presumed innocent until proven guilty”. It is the Attorney General's prosecutor who represents society at all stages of legal proceedings and must establish “beyond a reasonable doubt” that the defendant is guilty. The defendant does not have to PROVE innocence. In fact, the defendant is not expected to testify at all, but must be represented by a defence counsel, and also be present at all stages of the legal proceedings. At the arraignment, the first court appearance, the accused is informed of the charges and is expected to enter a plea of “guilty” or “not guilty” before a judge. If the plea is “guilty”, the judge may determine the punishment – sentence – then and there. Witnesses are usually not present at this first hearing, although, in the interest of fairness, court proceedings are usually public. If the plea is “not guilty”, the judge will consider the evidence at a subsequent “disclosure hearing” and decide whether or not a trial is warranted. If so, a date will be set for a trial by judge and jury, or by judge alone.
Regardless of the type of court, there are common legal procedures followed by all courts in Canada . Witnesses are examined and evidence is presented to prove the facts about an accusation. Cross examination may follow to verify the soundness and accuracy of both the evidence and the facts.
71 All court proceedings are controlled and directed by a judge, a magistrate who may instruct or direct anyone in the court, regarding questions of law. The concern is for fairness and justice. In court... the judge “rules”!
There are a number of things to be considered if someone is a victim of crime. In most cases, a victim will feel helpless and vulnerable, especially if injury or property loss is involved. Everyone should be treated with courtesy and understanding by the authorities, and anyone who is a victim has a right to redress and compensation for damages. These would be declared in court, and a judge may issue a “restitution order” regarding personal injury or property damage or loss. Testifying in court is a valuable and important service to the legal system and justice in general. Although it may cause some personal inconvenience, if you are summoned as a witness, you have a citizenship obligation to comply. You are obligated to appear and your employer must give you time off, without penalty, to fulfil your duty.
If you are subpoenaed (officially summoned) to appear in court as a witness, you might find it a bit worrisome. There are some things you can do to prepare to testify. Set aside all other plans and obligations unless you have a “valid reason” for not being able to appear. In that case, discuss your concern with the authorities identified in the summons. Try to remember all of the facts that you witnessed, such as dates, times, distances, documents or people who may have been present. If you have any notes taken at the time, bring them to court because a judge may let you consult them during your testimony. If you signed any statement during a police investigation, ask the police investigator to show it to you before you have to testify.
72 If you are nervous about a court appearance ask a friend to come along for “moral support”. Arrange to be on time at the courthouse because you will probably have to register with the Clerk of the Court, and sometimes, changes do occur. There are several cases heard in any court room on any given day. Usually, all witnesses testifying in any of the cases are summoned to appear at the same time. It is impossible to have a precise courtroom timetable because a case may be delayed, a defendant may plead guilty and the time required for any legal proceeding is difficult to predict. Nonetheless, you can probably wait in the courtroom until your case is called. At that time, you will be asked to wait outside, to avoid being influenced by the version of events given by witnesses who precede you.
Testimony is always important to any case, and to avoid any misunderstanding, answer all questions simply and directly. Do not offer opinions unless asked, and if you do not know the answer, say so. The court will be interested only in facts – not interpretations. If you are cross-examined, remember that it is not a personal attack against you, though it may seem like it. It is really a way of ensuring that everything that is said is accurate and clearly established. Fair treatment depends on it. Testifying in court is vital to Canada’s justice system.
73 A Glossary of Words With Legal Meanings
Note: This glossary was developed by a group of Canadian consumers to help citizens understand the meaning of words used in legal documents and proceedings. Adjudicator: a person, who hears, then judges, a rights-based claim. i.e. An adjudicator may decide that a company’s practice of assigning shifts to temporary employees is illegal under the terms of that province’s labour code.
Affidavit: a written statement given under oath for the purposes of a court action or other legal process. A non-resident might leave an affidavit with the court should a return for a trial be a cost and/or time hardship. Judges frequently accept an affidavit in place of oral testimony of a witness. It is wise to verify that with the court clerk. See deposition.
Alternative Dispute Resolution (ADR): any means of resolving a dispute that does not involve a legal process. Adr is generally classified into at least three subtypes: negotiation, mediation, and arbitration. A fourth type, conciliation, can be regarded as a form of mediation. Appeal: a decision from a lower court that is brought to a higher court for review.
Arbitration: an alternative dispute resolution method (adr) whereby an independent, neutral third person (arbitrator), is appointed to hear and consider the merits of the dispute. The arbitrator provides a final and binding decision called an award. The disputing parties agree to accept this decision, with or without giving up their rights to appeal to a court.
Arbitrations often occur because parties to contracts agree that any future disputes concerning the agreement would be resolved by
74 arbitration. In recent years, the enforceability of arbitration clauses, particularly in the context of consumer agreements (such as credit card agreements), has drawn scrutiny from courts. Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.
Arrest: to take into custody by legal authority. Automatism: actions performed by an individual without conscious awareness of what he or she is doing and/or lack of awareness of the consequences of those actions.
Bail: the criminal code describes bail as “judicial interim release”, that is a court order permitting the temporary release from custody of an accused person pending trial, or of a convicted person pending appeal.
Binding: subject to legal obligation, as in binding arbitration or binding contract. See arbitration. Burden of proof: the responsibility for proving a point falls upon the one who makes the statement. I.e. If when brought to court, a business claims that current regulations to make it accessible would be overly expensive or otherwise injurious to the business, it would have to provide proof of this claim.
Bono fide: a latin phrase describing an honest and genuine state of mind, literally “good faith”.
Case law: the entire collection of published legal decisions of the courts. If a rule of law cannot be found in written laws (the legislation), it may be found in "case law", a principle of law established by a judge in some recorded case. Jurisprudence has become a synonymous term for case law. N.b. quebec’s legal system does not rely on case law.
75 Caveat: a formal warning meaning ‘let him beware’. Caveat emptor means “let the buyer beware”. It also refers to a document that may be filed in land titles offices to warn about alleged or possible defects in the state of the title.
Circumstantial evidence: evidence which does not prove a fact in issue directly, but rather indirectly by inference from secondary facts Citation: a court order to either do something or to appear in court to answer charges (see summons). The citation is typically used for lesser offences, like traffic violations, because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail. The penalty for failing to obey a citation is often a warrant for the arrest of the defendant.
Class action: this occurs when a group of persons combine their lawsuits against a “common” defendant because the facts and situation are so similar. One court will hear all the cases at the same time and make one decision binding on all parties. A class action lawsuit might occur after a plane or train accident where all victims would sue the transportation company together.
Code: a legal code includes both the body of law written and enforced by legislation and the principles of law established by a judge in previous legal decisions (precedents). It will also specify certain court procedures and rules of evidence. A code serves the dual purpose of both establishing the limits of acceptable behaviour and identifying the consequences for failure to act within these limits. Commit: to send a person to prison, mental hospital, or a juvenile detention centre by a court order.
Conciliation: a non-litigious dispute resolution technique that is a variation on mediation. With this technique, an impartial third party deals with the disputing parties separately and tries to encourage compromise with each. See mediation
76 Consent: the voluntary acceptance of the wish of another.
Conspiracy: a criminal offence that occurs whenever two or more persons (other than a husband and wife) agree to do something that is unlawful, or something that is lawful by unlawful means. Constitutional: governed by a constitution, which isa document identifies the organization, responsibilities, power, and authority of a group and its members. Such a group could be a nation, an organization, or even a club.
Contempt of court: a common law offence committed by one who disrupts court proceedings or interferes with the court’s work..
Contributory negligence: where a plaintiff’s own act or omission is part of the reason for the injury and/or prevents recovery. See plaintiff. Counsel: a person who represents someone else in court, normally referred to as a lawyer anywhere in north america. Related terms include barrister, solicitor, advisor, counsellor, paralegal, and attorney.
Defendant: the person or group who defends a legal action taken by a plaintiff. A plaintiff seeks some type of compensation from the court to correct damages for which he/she alleges the defendant is responsible.
Deposition: an official statement by a witness taken in writing (as opposed to testimony where witnesses give their perception of the facts verbally). Affidavits are the most common kind of depositions. A deposition becomes part of the court’s file. See testimony. Discovery: a pre-trial examination process which involves relevant documents, sworn answers to written questions, or pre-trial cross- examinations.
77 Discrimination: treatment or action against an individual or a group, based on a prejudicial view that violates human rights law. See prejudice.
Discrimination in reverse: a false concept of the meaning of discrimination. It implies that a particular feature of affirmative human rights legislation disfavours those who are not targets of the affirmative action. Duty: an obligation or responsibility a person is expected to accept and discharge.
Duty to accommodate: generally, the obligation to eliminate or change rules, policies and behaviours that discriminate against persons based on race, national or ethnic origin, colour, religion, age, sex (including pregnancy), sexual orientation, marital status, family status, or a disability.
Duty to ensure understanding: in Canada there is an assumption within the legal system that everyone is “presumed to know and understand the law”. It is in a person's interest to be informed, and when needed, to take responsibility for this by seeking information from an appropriate authority. I.e. If you drive a car you must understand and follow the “rules of the road”. Ignorance of a specific law is no excuse if you break that law. In some situations it is less clear that one will understand the law fully. Lawyers and other legal advisers have a duty to ensure their clients do understand the documents, laws and issues that pertain to them, and to take reasonable and appropriate actions to assess and facilitate their understanding. Employment equity: name of the canadian federal program intended to increase the participation of workers who belong to one of four designated groups —aboriginal people, women, visible minority people and persons with a disability.
78 Entitlement: something a person is qualified for or has a right to receive under law or contract. Examples: the right to hunt under the terms of a treaty, or the right to use dr. Before one’s name, if qualified.
Ethics: the study of moral standards, values and customs of a person or group and how they affect conduct. It relates to concepts such as right and wrong, good and evil, and responsibility. Extortion: threats or violence to force another to do something.
Felony: a serious crime for which the punishment is prison for more than a year, or sometimes execution. Canada does not have a death penalty. This term is no longer in use in canada, england, or other commonwealth countries.
Fraud: a deceitful representation or a knowingly wrong act. Freedom: the ability to act consciously, in a well-balanced manner and with self-control in a given constructive direction. . An individual is free if he or she has the power to determine and act without restraint.
Guardian: an individual who is given legal custody of a person and his/her property when that person is deemed incapable of managing his/her own affairs. Custody implies that the guardian is responsible for the total care and well-being of a person who cannot provide for themselves, such as a child or one who has a mental disability.
Harassment: a wide spectrum of offensive behaviour. When the term is used in a legal sense, it refers to behaviours that are found threatening or disturbing, and beyond those that are sanctioned by society. Sexual harassment refers to persistent and unwanted sexual advances, typically in the workplace, where the consequences of refusing are potentially very disadvantaging to the victim. Hate propaganda: the publication of material that advocates harm or promotes hatred toward an identifiable group of citizens.
79 Incapacity: lack of legal ability to act due to a particular disability, low literacy skills, incompetence or a lack of authority may constitute incapacity.
Injunction: a court order requiring those “enjoined” from doing or continuing to do some act that the court considers they have no right to do, or in the case of a mandatory injunction, requiring them to do what the court considers they are legally obliged to do. Integrity: action based on a consistent framework of accepted principles.
Jurisprudence: a term that can be used interchangeably with case law.
Law society: a statutory body created by the legal professions act to which all lawyers must belong. The society governs the admission of lawyers to the legal profession and disciplines them for misconduct. Litigation: a dispute is in "litigation", or being "litigated", when it becomes the subject of a formal court action or lawsuit.
Mediation: a means of alternative dispute resolution (adr). The process is facilitated by a third party, a mediator, who may suggest a resolution, typically known as a "mediator's proposal", but the mediator does not impose a resolution on the parties. See conciliation.
My lord, your lordship, my lady, your ladyship: the usual way of addressing superior court judges in court, as distinguished from “your honour”, which is the usual term for addressing judges of the provincial court. Magistrates were formerly addressed as “your worship”, but that term is no longer in common use except with reference to the mayor of a city.
80 Negligence: based on the principle that a citizen is responsible, not only for intentional harm caused to another, but also for harm caused by a failure to act as a reasonable person would be expected to act in similar circumstances. Legal action may be brought against a person if that person's negligence causes injury of any kind to another.
Negotiation: discussion between two parties concerning a matter of disagreement. The objective is to listen to the other party’s perspective and then to attempt to resolve the dispute by mutual agreement. Participation is voluntary and no third party facilitates the resolution process or imposes a solution. Ombudsman: an official charged with watching out for the interests of the public in a particular industry or service. He or she usually does this by investigating and addressing complaints reported by individual citizens. An ombudsman is usually appointed by a government but, he or she may also work for a corporation, a newspaper, an ngo (non-governmental organization), or even for the general public.
Parole: a legislated plan for the early release of persons serving sentences in prison.
Party: a plaintiff or defendant in a civil or criminal law proceeding. Peace officer: usually, a police officer, but the criminal code provides a much broader definition that includes many public officers such as prison guards and game wardens.
Precedent: a judicial decision that may be used as a standard in subsequent similar cases.
Plaintiff: the person who brings a claim against another in court. One who sues another. A plaintiff may also be called "claimant", "petitioner" or "applicant”. The person being sued is generally called the "defendant” or the "respondent”.
81 Prejudice: Prejudice generally refers to existing unreasonable biases often based on social stereotypes; and at its most extreme, results in groups being denied basic freedoms and rights. It is often demonstrated as interpersonal hostility directed against individuals based on their membership in a minority group, their appearance; gender or age. Conversely, it can be unfairly showing unwarranted favour towards others.
Pre-trial conference: a meeting between lawyers with a judge before a trial begins, in order to settle procedural questions and possibly define relevant issues. Pro bono: refers to a service that is provided for free. Pro bono publico means "for the public good”.
Registry: the office of a court where documents are filed and other clerical functions are performed.
Repeal: to revoke or cancel a law, tax or duty by legislative enactment. See abrogate. Rights: legal or moral entitlements. In canada, citizens are guaranteed equality, by a constitution that explicitly protects individuals from being disadvantaged in some way. Section 15 of the charter of rights and freedoms is especially important for canadians with disabilities.
Solicitor: a lawyer who does not work in court. His or her practice consists of providing legal advice. In britain, if a case must go to court, it is passed to the barrister, a lawyer who conducts the legal action in court. Solicitors and barristers will often work as a team. In canada, a lawyer does the work of both barrister and solicitor. In the united states, lawyers may also be referred to as attorneys.
Statement of claim: what the plaintiff alleges and proposes as a fair resolution. Statement of defence: the defendant’s response to the “statement of claim”
82 Statute: a written law passed by a legislature or parliament. Laws written by a monarch are edicts or decrees.
Stereotype: an idea or generalization about members of particular groups. It may have a positive or negative bias or prejudice, and may be used to justify certain discriminatory behaviours. Subpoena: a court order requiring a person to be present at a certain time and place or suffer a penalty (subpoena means "under penalty"). This is the traditional tool used by lawyers to ensure that witnesses make themselves available to testify.
Summons: the document used by police in canadian criminal law to compel an accused to attend court to answer a charge. A summons does not involve arrest.
Testimony: the verbal presentation of a witness in a judicial proceeding. Testimony given in the form of a written statement taken under oath is known as an affidavit. Tort: a ‘wrong’. Tort law allows an injured person to obtain compensation ("damages") from a person who caused the injury either intentionally or by negligence. Tribunal: an independent judicial body, commission or board, usually appointed by the government, to consider and decide matters concerning individual rights or claims or issues of public concern.
Trust: the legal arrangement where one person holds property on behalf of or for the benefit of another. A trust may be an “express trust”, which is created by a trust agreement or an “implied trust”, which the law infers from circumstances.
Undue hardship: describes the limit, beyond which, employers and service providers are not expected to go in order to accommodate a disability. For example, it might be an undue hardship for a small- business employer to install an elevator for single employee with a physical disability. Each case requires an assessment of what is reasonable for an accommodation.
83 USEFUL SOURCES AND RESOURCES
NOTE:
In Canada, every province and territory has some form of legal information and support available to the public. They often include a telephone service as well as information provided through the Internet. Many of the telephone contacts are toll-free within the province or territory and much of the online information is written in plain language.
None of these services offers legal advice but does provide general information and referrals or links to other appropriate agencies. The following list is ordered with national references first and then alphabetically, by province and territory. The list provides contact information (effective, June 30, 2007), a brief description of the organization and a comment about language and usability. Most of these sources and resources are updated on a regular periodic basis and the notes in this document have been edited, but respect each organization's self-description.
NATIONAL PUBLIC INTEREST ORGANISATIONS
Access to Justice Network Canada http://www.acjnet.org/nahome/default.aspx AJNCanada is designed to provide quick and easy access to information on law-related programs and services in Canada. This site contains information for every part of the country, on numerous subjects and all jurisdictions and legislation. The links often lead to other provincial or federal departments pertaining to justice. This site is a project of the Legal Studies Program, University Of Alberta and is funded by Alberta Law Foundation.
84 Alberta Law Foundation, #300, 407 - 8 Avenue SW, Calgary, Alberta T2P 1E5
Telephone: 403.264.4701 Telephone: 780.492.1855 (AJN Canada) TTY: N/A Fax: 403.294.9238 Email: [email protected] Languages: English and French User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
The Association of Workers' Compensation Boards of Canada http://www.awcbc.org/english/whats_new_WCBs.asp AWCBC is a non-profit organization. It was established to facilitate the exchange of information between Workers’ Compensation Boards and Commissions across Canada. You may contact the Association of Workers' Compensation Boards of Canada using the following information:
AWCBC National Office 6551 B Mississauga Road, Mississauga, Ontario L5N 1A6
Telephone: (905) 542-3633 TTY: N/A Fax: (905) 542-0039 E-mail: [email protected] Languages: English and French User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
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CANADIAN HUMAN RIGHTS COMMISSION http://www.chrc-ccdp.ca/default-en.asp The Canadian Human Rights Commission administers the Canadian Human Rights Act and is responsible for ensuring compliance with the Employment Equity Act. Both laws ensure that the principles of equal opportunity and non-discrimination are followed in all areas of federal jurisdiction. Please note that there are time limits on filing complaints and that there is also a Dispute Resolution Process available. There are regional offices. 344 Slater Street, 8th Floor, Ottawa, Ontario K1A 1E1, Canada
Telephone: (613) 995-1151 Toll Free: 1-888-214-1090 TTY: 1-888-643-3304 Fax: (613) 996 9661 Languages: English and French User Friendly: Yes Navigability: Fair Large Text: Yes, adjustable text sizing
CANLAW http://www.canlaw.com/ CanLaw is a national Canadian lawyer referral service for persons requiring lawyers or legal assistance. Canlaw has extensive experience online helping people find real solutions for real problems. http://www.canlaw.com/referrals/referralns.htm CanLaw's Lawyer Referral Service will help locate the right lawyer. Requests are treated with forms that are provided on this site for each province or territory.
86 Mailing address: N/A TTY: N/A Telephone: ABSOLUTELY NO TELEPHONE CALLS ACCEPTED FROM THE PUBLIC Business contacts only: (519) 439-8884 during EST business hours only. Faxes are not to exceed two pages total Languages: English User Friendly: Very Comprehensive; rather busy Navigability: Fair Large Text: Yes, adjustable text sizing
CANADIAN LEGAL FAQS (FREQUENTLY ASKED QUESTIONS) http://www.law-faqs.org/nat.htm Laws made by the federal government apply across Canada, while provincial laws only apply in a particular province. Canadian Legal FAQs are organized by information that applies nationally or particularly to Alberta. The FAQs can also be accessed by Topic. This page links to both National and Alberta information. (see Alberta)
Legal Resource Centre 201-10350 124 Street, Edmonton, Alberta T5N 3V9 Fax 780 451-2341 Email [email protected] Telephone: N/A TTY: N/A Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
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CITIZENSHIP AND IMMIGRATION CANADA http://www.cic.gc.ca/english/newcomer/welcome/wel-21e.html SOCIAL ASSISTANCE http://www.cic.gc.ca/english/newcomer/fact_incomesec.html#sa This site has information on citizenship and immigration programs and services, including the Permanent Resident Card program.
Mailing address: N/A Telephone: 1 888 242-2100 (Canada only) TTY : 8 a.m. to 4 p.m. (local time) by calling 1 888 576-8502 (Canada only). Languages: English and French User Friendly: Yes, well-organized Navigability: Fair Large Text: Yes, adjustable text sizing
The Canadian Consumer Information Gateway http://consumerinformation.ca/app/oca/ccig/html.do? page=aboutUs&language=eng The Canadian Consumer Information Gateway is a strategic partnership with more than 400 federal departments and agencies, provincial and territorial ministries and NGO partners. The Gateway empowers consumers and helps to ensure a fair marketplace where all businesses respect consumer protection laws.
Canadian Consumer Information Gateway - Office of Consumer Affairs Industry Canada, 235 Queen Street, 6th Floor West, Ottawa, ON K1A 0H5
88 Telephone: (613) 946-2576 Fax: N/A TTY: N/A E-mail: [email protected] Languages: English and French User Friendly: Excellent; comprehensive & well-ordered lists Navigability: Excellent Large Text: Yes, adjustable text sizing
The Office of Consumer Affairs (OCA) http://consumer.ic.gc.ca/epic/site/oca-bc.nsf/en/Home The Office of Consumer Affairs (OCA) online is Industry Canada’s source for information and tools and many resources available for consumers, researchers and businesses. You can also visit consumerinformation.ca for a wealth of consumer information from partners If you cannot find the information you are looking for, you can contact the Help Desk using one of the following methods:
Internet: Ask the Help Desk Telephone: 613-954-5031 Toll Free: 1-800-328-6189 (Canada) Toll Free TTY: 1-866-694-8389
Mailing Address: N/A Business hours are 8:30 a.m. to 5:00 p.m. (Eastern Time), Monday to Friday. Outside of these hours, you are invited to leave a voice message. Languages: English and French User Friendly: Excellent Navigability: Excellent Large Text: Yes, adjustable text sizing
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THE FINANCIAL CONSUMER AGENCY OF CANADA (FCAC) http://www.fcac-acfc.gc.ca/eng/default.asp FCAC provides consumers with accurate and objective information about financial products and services, and informs Canadians of their rights and responsibilities when dealing with financial institutions. FCAC also ensures compliance with the federal consumer protection laws that apply to banks and federally incorporated trust, loan and insurance companies. Rights and responsibilities of Canadian consumers are explained at this link: http://www.fcac-acfc.gc.ca/eng/consumers/rights/default.asp
Financial Consumer Agency of Canada, 427 Laurier Avenue West, 6th Floor, Ottawa ON K1R 1B9 Telephone from Monday to Friday, between 8:30 a.m. and 6:00 p.m., Eastern Time.
Toll-free : 1-866-461-FCAC (3222)For services in English 1-866-461-ACFC (2232) For services in French: TTY Toll-free: 1-866-914-6097 Fax: Toll-free: 1-866-814-2224 Internet: Online forms available for requests at General Enquiries at http://www.fcac-acfc.gc.ca/eng/contactus.asp Languages: English and French User Friendly: Excellent Navigability: Excellent Large Text: Yes, adjustable text sizing
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INSURANCE CANADA http://www.insurance-canada.ca/index.php Consumer Resources – Extensive resources concerning all kinds of insurance are listed: http://www.insurance-canada.ca/consinfogeneral/consres.php This section can answer the most frequently asked questions about all types of insurance. If you have a question that’s not answered there, contact one of the two consumer insurance information centres listed on this site. Also check the link “Insurance: what’s it all about?”, and other articles about specific kinds of insurance.
Insurance-Canada.ca, 207 Carlton Road, Markham ON L3R 3L9
Telephone: (613) 238-5721 TTY: N/A Fax: (613) 235-5391 Email: [email protected] Languages: French and English User Friendly: Yes, Very Comprehensive Navigability: Good Large Text: Yes, adjustable text sizing
91
LEARNING DISABILITIES ASSOCIATION OF CANADA http://www.ldac-taac.ca/LDandtheLaw/toc_Law-e.asp LDAC provides understanding and support to people with learning disabilities, their parents, teachers and other professionals regarding legal rights and how to exercise them. The Learning Disabilities Association of Canada (National Office) 250 City Centre Avenue, Suite 616, Ottawa, Ontario K1R 6K7
Telephone: (613) 238-5721 TTY: N/A Fax: (613) 235-5391 Email: [email protected] Languages: French and English User Friendly: Yes Navigability: Fair Large Text: Yes, adjustable text sizing
PUBLIC LEGAL EDUCATION AND INFORMATION (PLEI) Department of Justice Canada http://www.justice.gc.ca/en/ps/pb/prog/legal_ed.html (PLEI) activities provide members of the public with the legal information they need to make informed decisions and participate effectively in the Canadian justice system The site home page is: http://www.justice.gc.ca/en/ps/pb/index.html
Programs Branch, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 Telephone: (613) 941-4193 TTY: N/A Fax: (613) 941-5446
92 General Inquiries of the Communications Branch Telephone: (613) 957-4222 TDD/TTY: (613) 992-4556 E-mail: [email protected] Languages: French and English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
REACH CANADA http://www.reach.ca Reach Canada’s mission is to improve the quality of life for citizens with disabilities by offering lawyer referral and educational services at the community level in the national capital area. This site has abundant information for Canadians with disabilities including information about rights and studying law. It also houses electronic versions of all of the products related to the Equality in Practice Project. http://reach.ca/equality Reach Canada 400, rue Coventry Road, Ottawa, Ontario K1K 2C7
Telephone: 613-236-6636 Toll Free: 1 800 465-8898 TTY/ATS: (613) 236-9478 Fax: (613) 236-6605 Email: [email protected] Languages: French and English User Friendly: Yes, excellent with a “text only” stream Navigability: Excellent Large Text: Yes, adjustable text sizing
93
Self Counsel Press http://www.self-counsel.com/ca/ The Self-Counsel Press is a site where you will find self-help law books, books for small business, legal and business forms, and books for the family. There are downloads possible for divorce and wills and many other useful links that lead to other resources. Mailing address and contact numbers are not available.
Enquiries can be sent through an online form. Languages: French and English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
SERVICE CANADA http://www.servicecanada.gc.ca Service Canada is a web portal that helps Canadians access a wide range of the government services and benefits they need quickly and easily. The information in categorized by subject and by region. Call toll-free: 1 800 O Canada (1 800 622 6232) TTY: 1 800 926-9105.
The Service Canada Web site has information on a wide variety of government programs and services, as well as many electronic tools and forms. It also has a list of frequently requested government phone numbers and contains links to other support groups such as non-governmental organizations.
94 There are also 320 Service Canada Centres across the country, where you can get free Internet access, help on how to use the Web, and answers from specially trained staff to almost any question about government services and benefits.
Mailing address: dependant upon the regional office required Languages: French and English User Friendly: Yes, immense and excellent Navigability: Excellent Large Text: Yes, adjustable text sizing
Workers' Compensation - Federal http://www.hrsdc.gc.ca/en/labour/workers_compensation/index.shtml Human Resources and Social Development Canada has a Labour Program that administers the Government Employees’ Compensation Act. It provides benefits for injured federal government employees. You can order publications and find answers to your questions on this site.
When you have a question try looking at the Frequently Asked Questions (FAQ). If you still do not find the answer, use the appropriate links.
Mailing address: N/A Contact numbers: N/A Languages: French and English User Friendly: Yes, well-organised lists Navigability: Excellent Large Text: Yes, adjustable text sizing
95 PROVINCIAL PUBLIC INTEREST ORGANISATIONS
ALBERTA
ALBERTA HUMAN RIGHTS AND CITIZENSHIP COMMISSION http://www.albertahumanrights.ab.ca/ The Alberta Human Rights and Citizenship Commission’s mandate is; ”to foster equality, and reduce discrimination for Albertans.”
Northern Regional Office, 800 Standard Life Centre, 0405 Jasper Avenue, Edmonton, Alberta T5J 4R7 Confidential Inquiry Line (780) 427-7661 Fax (780) 427-6013 TTY: (780) 427-1597
Southern Regional Office Suite 310, 525 – 11 Avenue SW, Calgary, Alberta T2R 0C9 Confidential Inquiry Line (403) 297-6571 Fax (403) 297-6567 TTY: (403) 297-5639 Toll-free within Alberta 1-800-232-7215
For general information about programs and services, please e-mail at [email protected]. Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
96
DIAL-A-LAW, CALGARY LEGAL GUIDANCE http://www.clg.ab.ca/dial.htm Dial-A-Law provides the general public with basic information about the law and the legal system. Dial-A-Law, 100, 840 - 7th Avenue S.W, Calgary AB T2P 3G2
Telephone: 403-234-9266 TTY: N/A Fax: 403 234 9299 Email: [email protected]
Office Hours: Serving Calgary Monday to Thursday 8:30am to 4:30pm and Friday 8:30am to noon; 1:00pm to 4:00pm Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
97
LAWYER REFERRAL SERVICES http://www.lawsocietyalberta.com/publicservices/ lawyerReferralService.cfm The Lawyer Referral Service is a program operated by the Law Society to assist people in finding a lawyer who will provide them with the legal services they require. It is an information service and is not connected with Legal Aid - nor does it provide any form of financially subsidized legal service. A member of the public may phone toll free from anywhere in Alberta by dialing:
Toll Free: 1-800-661-1095 valid only in: Alberta, Saskatchewan, Lower Mainland British Columbia, Yukon, NWT, and Nunavut or Telephone: 403-228-1722 in Calgary TTY: N/A Mailing Address: N/A Languages: English User Friendly: Yes Navigability: Excellent Large Text: No
Canadian Legal FAQs (Frequently Asked Questions) http://www.law-faqs.org/nat.htm Laws made by the federal government apply across Canada, while provincial laws only apply in a particular province.
Canadian Legal FAQs are organized by information that applies nationally or to Alberta.
The FAQs can also be accessed by Topic. This page links to both National and Alberta information. (see National Organisations)
98 Legal Studies, University of Alberta, 4 Floor, 8303 - 112 Street, 174 University Campus NW Edmonton, Alberta T6G 2T4
Telephone: N/A TTY: N/A Fax: 780-492-1857 Email: [email protected] Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes
Access to Justice Network, http://www.acjnet.org/abhome/ http://www.acjnet.org/abresources/faqs.aspx AJN is designed to provide quick and easy access to information on law-related programs and services in Alberta. There are also links to national programs within this site. (see National Organisations)
Legal Resource Centre, 201-10350 124 Street, Edmonton, Alberta T5N 3V9 Telephone: 780-492-1855 TTY: N/A Fax: 780 451-2341 Email: [email protected] or [email protected] Languages: English and French User Friendly: Yes, Well-organized and comprehensive lists Navigability: Excellent Large Text: No
99 BRITISH COLUMBIA
HUMAN RIGHTS PROTECTION: MINISTRY OF THE ATTORNEY GENERAL OF BC http://www.ag.gov.bc.ca/human-rights-protection/ The Human Rights Code protects British Columbia citizens from discrimination in areas such as employment, housing, and services and facilities customarily available to the public. Enquiry BC is a provincial call centre that provides services to all British Columbia residents, on behalf of provincial government ministries, Crown corporations and public agencies. Hours of operation for Enquiry BC are 7:30 a.m. to 5 p.m. -- Monday through Friday.
Victoria: 387-6121 Vancouver: 604 660-2421 Elsewhere in BC: 1 800 663-7867 Outside BC: 604 660-2421 E-mail: [email protected] TTY (TDD) Vancouver: 604 775-0303 Elsewhere: 1 800 661-8773 Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
100
LEGAL SERVICES SOCIETY http://www.lss.bc.ca/default/Default.asp To apply for legal representation, you can phone the provincial Legal Services Society Call Centre, from 9:00 a.m. to 4:00 p.m. Monday, Tuesday, Thursday, and Friday. 9:00 a.m. to 2:30 p.m. on Wednesday.
Telephone: (604) 408-2172 (Lower Mainland) Toll-free: 1-866-577-2525 (outside the Lower Mainland) TTY: (604) 601-6236 (Lower Mainland) Toll-Free TTY: 1-877-991-2299 (outside the Lower Mainland) Languages: English and French User Friendly: Comprehensive Navigability: Fair Large Text: No
LAWLINE http://www.lss.bc.ca/default/Default.asp This link is part of LEGAL SERVICES SOCIETY on the same site described above
9:00 a.m. to 4:00 p.m. Monday, Tuesday, Thursday, and Friday 9:00 a.m. to 2:30 p.m. Wednesday (604) 408-2172 (Lower Mainland) Telephone: 604-601-6000 Fax: 604-660-4673 Toll-free: 1-866-577-2525 (toll free, outside the Lower Mainland) Languages: English and French User Friendly: Comprehensive Navigability: Fair Large Text: No
101
LAWYER REFERRAL SERVICE – CANADIAN BAR ASSOCIATION, BC http://www.cba.org/BC/Initiatives/main/lawyer_referral.aspx The Service enables members of the public to consult with a lawyer for up to 30 minutes for a fee of $25.
Mailing address: N/A Telephone: 604-687-3221 Toll-free: 1-800-663-1919 Email: [email protected] Languages: English User Friendly: Very Comprehensive Navigability: Fair Large Text: Yes, adjustable text sizing
DIAL-A-LAW www.dialalaw.og Dial-A-Law is a library of scripts prepared by lawyers. It offers general information on a variety of topics on law in British Columbia, but not legal advice. Dial-A-Law is a free service that is available y telephone and the Internet. Dial-A-Law is funded by the Law Foundation of British Columbia and is operated by the BC Branch of the Canadian Bar Association.
Mailing address: N/A Telephone: 604-687-4680 TTY: N/A Toll-free: 1-800-565-529 Languages: English, French, Mandarin, Cantonese and Punjabi online User Friendly: Yes Navigability: Excellent Large Text: Moderately large
102
PEOPLE’S LAW SCHOOL, PUBLIC EDUCATION SOCIETY (BC) http://www.publiclegaled.bc.ca/ A registered non-profit society existing to help learn about rights and responsibilities under the law.
The People's Law School, 150-900 Howe Street, Vancouver, BC, V6Z 2M4 Telephone: 604-331-5400 or 604-688-2565 TTY: N/A Fax: 604-331-5401 Email: Online form Languages: English, French, Spanish, Mandarin, Cantonese and Punjabi online User Friendly: Yes Navigability: Excellent Large Text: No
103 MANITOBA
LAW PHONE-IN, LAWYER REFERRAL, COMMUNITY LEGAL EDUCATION ASSOCIATION http://www.communitylegal.mb.ca/ Community Legal Education Association is a not-for-profit organization. It provides Manitoba citizens with information about the law. Mailing address: N/A Telephone: (204) 943-2382 TTY: N/A Fax: (204) 943-3600 Email: [email protected]
If you need help finding a lawyer or need general legal information for the province of Manitoba contact the Law Phone-in and Lawyer Referral Service. Languages: English User Friendly: Very Comprehensive Navigability: Fair Large Text: Yes, adjustable text sizing
104
LAW PHONE-IN AND LAWYER REFERRAL PROGRAM http://www.justice.gc.ca/en/ps/sup/steps/lawyer.html The office hours for the service are 9 a.m. to 4 p.m. Monday through Friday. During office hours, calls are either answered directly or the caller can leave a brief message.
Telephone: 204-943-2305 Toll free: 1-800-262-8800 (from outside Winnipeg only please). Mailing address: N/A TTY: N/A
For a referral to a lawyer only, you can also call 204-943-3602. For a referral by e-mail contact [email protected] Languages: English and French User Friendly: Yes Navigability: Excellent Large Text: No
105 NEW BRUNSWICK
PUBLIC LEGAL EDUCATION AND INFORMATION SERVICES OF NEW BRUNSWICK http://legal-info-legale.nb.ca/ Helps New Brunswick citizens know the law and has publications on a wide range of legal topics including wills and estate planning, family law, family violence and criminal law. It also has links to many other related sites across Canada. Telephone: (506) 453-5369 TTY: N/A Fax: (506) 462-5193 E-mail: [email protected] Languages: English and French, User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
106 NEWFOUNDLAND AND LABRADOR
PUBLIC LEGAL INFORMATION ASSOCIATION OF NEWFOUNDLAND AND LABRADOR http://www.publiclegalinfo.com/services.html Public Legal Information Association of Newfoundland (PLIAN) is a non-profit organization dedicated to educating Newfoundland citizens about legal issues. PLAIN is the Newfoundland and Labrador component of Public Legal Education Association of Canada (PLEAC) a national network of legal education societies. Mailing address: N/A Telephone: (709) 722-2643 or 1 (888) 660-7788 TTY: N/A Fax: (709) 722-0054 Email: [email protected] Languages: English and French, User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
107 NORTHWEST TERRITORIES
LAWYER REFERRAL SERVICE http://www.lawsociety.nt.ca/Portal/LawyerReferralService/ tabid/131/Default.aspx The Lawyer Referral Service is a program of the Law Society that operates a territory-wide service for members of the public.
Mailing address: N/A Telephone: (867) 873-3828 TTY: N/A Fax: (867) 873-6344 E-mail: [email protected] Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
108 NOVA SCOTIA
LAWYER REFERRAL SERVICE FOR NOVA SCOTIA http://www.legalinfo.org/referral.html The Lawyer Referral Service offers an initial consultation of up to 30 minutes for a fee of $20 plus tax. During that time the lawyer will review alegal problem and discuss options and the costs involved. Publications can be ordered from http://www.legalinfo.org/ publications.html
Mailing address: N/A Telephone: 902-455-3135 (Halifax Regional Municipality) or Toll-free: 1-800-665-9779 (within NS) TTY: N/A
Office Hours: Monday to Friday from 10 am - 3 pm.; and Tuesday & Wednesday evenings from 5 pm to 7 pm (September to May only). There is no evening service June 1 to August 31. Languages: English User Friendly: Very Comprehensive Navigability: Fair Large Text: Yes, adjustable text sizing
109
DIAL-A-LAW http://www.legalinfo.org/dial.html Taped legal information 24 hours a day; over 70 titles to choose from. Each tape lasts two to five minutes.
Topics include:
Commercial, Income Personal Injury, Assistance Creditor& Debtor, Real Estate, Insurance, Criminal Law, Small Claims Landlord/Tenant, Court, Employment Law, Municipal Laws, Wills & Estates Family Law, Family Law,
DIAL-A-LAW 5523 B Young Street, Halifax, Nova Scotia B3K 1Z7 Telephone: (902) 420-1888 (not toll free) TTY: N/A Email: [email protected] Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
110 NUNAVUT
LAW SOCIETY http://www.lawsociety.nu.ca/contacts.html This website is targeted at lawyers, but it does give some insight to expectations about their professional conduct. The Law Society is responsible for governing the legal profession in the public interest according to Nunavut law and the Law Society's rules, regulations, guidelines and the Canadian Bar Association's Code of Professional Conduct.
Law Society of Nunavut, Building 812, Unit 4, Iqaluit, NU X0A 0H0
Telephone: (867) 979-2330 TTY: N/A Fax: (867) 979-2333 Email: [email protected] Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
111 ONTARIO
Ombudsman Ontario http://www.ombudsman.on.ca/welcome.aspx?langID=1 Ontario's Ombudsman is an Officer of the Provincial Legislature who is independent of the government and political parties. The Ombudsman’s job is to ensure the accountability of government through effective oversight of the administration of government services in the province. The Ombudsman reports to the Provincial Legislature and is appointed for a five-year renewable term. The Ombudsman’s powers and authorities are contained in legislation called the Ombudsman Act.
Office of the Ombudsman of Ontario, Bell Trinity Square, 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9
*please note that an appointment is recommended for in-person (walk-in) complaints Complaints Line: 1-800-263-1830 TTY: 1-866-411-4211 Fax: 416-586-3485 Website: www.ombudsman.on.ca E-mail: [email protected] Languages: English and French User Friendly: Y es, everyday language Navigability: Excellent Large Text: Yes, adjustable text sizing
112
THE LAW SOCIETY OF UPPER CANADA Lawyer Referral Service http://www.lsuc.on.ca/public/a/finding/lrs/ For $6, the LRS provides the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. The Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, Ontario M5H 2N6
Toll-free: 1-900-565-4LRS (4577)
For those callers who are incarcerated, institutionalized, under the age of 18, calling about a Child Protection issue, or are in crisis (domestic abuse) situations, call (416) 947-3330 in the Toronto calling area, or toll-free (800) 268-8326 from elsewhere in Ontario. Toll-free: 1-800-668-7380 General line: 416-947-3300 or 416-947-3310 Complaints: 1-800-268-7568 (Toll-free) TTY: N/A Fax: 416-947-5263 E-mail: [email protected]
When e-mailing a complaint, please include your full name, address and phone number if possible. Languages: French and English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
113
OTTAWA LAW INFORMATION LINE, COMMUNITY LEGAL EDUCATION http://www.cleo.on.ca/ CLEO is a community legal clinic dedicated to providing low-income and disadvantaged people in Ontario with the legal information they need to understand and exercise their legal rights. Materials cover many areas of law, including social assistance, tenants' rights, immigration and refugee law, workers' rights, family law, elder abuse and youth justice.
Community Legal Education Ontario, 119 Spadina Avenue, Suite 600, Toronto, Ontario M5V 2L1 Telephone: 416-408-4420\ TTY: N/A Fax: 416-408-4424 E-mail: [email protected] Languages: French and English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
LEGAL AID ONTARIO Finding a Community Legal Clinic http://www.legalaid.on.ca/ This list provides the coordinates of a Legal Aid clinics primarily in Toronto.
114 S PECIALTY CLINICS Aboriginal Legal Services of Toronto 415 Yonge Street,Suite 803, Toronto M5B 2E7 Telephone: (416) 408-4041 or (416) 408-3967 TTY: N/A Fax: (416) 408-4268 ADVOCACY CENTRE FOR TENANTS ONTARIO 425 Adelaide Street W. 5th Floor, Toronto ON M5V 3C1 Telephone: (416) 597-5855 TTY: N/A Fax: (416) 597-5821
ADVOCACY CENTRE FOR THE ELDERLY 2 Carlton Street, Suite 701, Toronto ON M5B 1J3 Telephone: (416) 598-2656 TTY: N/A Fax: (416) 598-7924
ARCH DISABILITY LAW CENTRE 425 Bloor Street East, Suite 110, Toronto ON M4W 3R5 Telephone: (416) 482-8255 TTY: (416) 482-1254 Fax: (416) 482-2981 AFRICAN CANADIAN LEGAL CLINIC 330 Bay Street, Suite 306, Toronto ON M5H 2S8 Telephone: (416) 214-4747 TTY: N/A Fax: (416) 214-4748
115 CANADIAN ENVIRONMENTAL LAW ASSOCIATION 130 Spadina Avenue, Suite 301, Toronto ON M5V 2L4 Telephone: (416) 960-2284 TTY: N/A Fax: (416) 960-9392
CENTRE FOR SPANISH-SPEAKING PEOPLES 2141 Jane Street, 2nd Floor, Toronto ON M3M 1A2 Telephone: (416) 533-0680 or (416) 533-8545 TTY: N/A Fax: (416) 533-9792 COMMUNITY LEGAL EDUCATION ONTARIO 119 Spadina Avenue, Suite 600, Toronto ON M5V 2L1 Telephone: (416) 408-4420 TTY: N/A Fax: (416) 408-4424
HIV AND AIDS LEGAL CLINIC (ONTARIO) 65 Wellesley Street East, Suite 400, Toronto ON M4Y 1G7 Telephone: (416) 340-7790 Toll Free: 1-888-(705) 8889 TTY: N/A Fax: (416) 340-7248
INCOME SECURITY ADVOCACY CENTRE 425 Adelaide Street W., 5th Floor, Toronto ON M5V 3C1 Telephone: (416) 597-5820 TTY: N/A Fax: (416) 597-5821
116 INDUSTRIAL ACCIDENT VICTIMS GROUP OF ONTARIO 489 College Street, Suite 203, Toronto ON M6G 1A5 Telephone: (416) 924-6477 Toll Free: 1-877-230-6311 TTY: N/A Fax: (416) 924-2472
INJURED WORKERS' CONSULTANTS 815 Danforth Avenue, Suite 411, Toronto M4J 1L2 Telephone: (416) 461-2411 TTY: N/A Fax: (416) 461-7138 JUSTICE FOR CHILDREN AND YOUTH 415 Yonge Street, Suite 1203, Toronto ON M5B 2E7 Telephone: (416) 920-1633 TTY: N/A Fax: (416) 920-5855
LANDLORD'S SELF-HELP CENTRE 477 Richmond Street West, Suite 609, Toronto ON M5V 3E7 Telephone: (416) 504-5190 TTY: N/A Fax: (416) 504-1932 Toll Free: 1-800-730-3218
METRO TORONTO CHINESE & SOUTHEAST ASIAN LEGAL CLINIC 180 Dundas Street West, Suite 1701, Toronto ON M5G 1Z8 Telephone: (416) 971-9674 TTY: N/A Fax: (416) 971-6780
117 TORONTO WORKERS' HEALTH & SAFETY LEGAL CLINIC 180 Dundas Street West, Suite 301, PO Box 4, Toronto ON M5G 1Z8 Telephone: (416) 971-8832 TTY: N/A Fax: (416) 971-8834
CORRECTIONAL LAW PROJECT Faculty of Law, Queen's University, Kingston ON K7L 3N6 Telephone: (613) 533-6505 TTY: N/A Fax: (613) 533-6639 Languages: English User Friendly: Very Comprehensive Navigability: Fair Large Text: Yes, adjustable text sizing
118
Ontario Human Rights Commission http://www.ohrc.on.ca The site has many links to resources and public education and an extensive list of common issues in Canadian society, The Ontario Human Rights Commission is committed to the elimination of discrimination in society by providing the people of Ontario with strong leadership and quality service: in the effective enforcement of the Ontario Human Rights Code; and in the promotion and advancement of human rights.
Ontario Human Rights Commission 180 Dundas Street W. 7th Floor, Toronto ON M7A 2R9
Human Rights Inquiries: Local: (416) 326-9511 Toll Free : 1-800-387-9080(outside Toronto Area) TTY (416) 314-6526 (Local) TTY 1-800-308-5561 (Toll Free)
Head Office: Reception: (416) 314-4500 Reception (TTY): (416) 314-4493 E-mail: [email protected] Languages: English, French User Friendly: Very Comprehensive Navigability: Excellent Large Text: Yes, adjustable text sizing
119 PRINCE EDWARD ISLAND
COMMUNITY LEGAL INFORMATION ASSOCIATION OF PEI http://www.isn.net/cliapei/ The Community Legal Information Association of Prince Edward Island, Inc. (CLIA) is a non-profit corporation and a registered charity. It is involved in public legal education about laws and the justice system. Community Legal Information, Association of PEI P.O. Box 1207, 1st floor Sullivan Building, Fitzroy Street, Charlottetown, Prince Edward Island C1A 7M8 Telephone: 902-892-0853 or Toll free : 1-800-240-9798 (throughout the Atlantic provinces) TTY: N/A Fax: (902)368-4096 Email: [email protected] Languages: French and English User Friendly: Yes, everyday language Navigability: Excellent Large Text: Yes, adjustable text sizing Last Update: 2004
120 QUEBEC
CSST (translation: Workplace Health & Safety Commission) http://www.csst.qc.ca The Commission de la santé et de la sécurité du travail (CSST) is the organization mandated by the Government of Québec to administer the province’s occupational health and safety plan. In doing so, the CSST oversees the application of two laws: An Act respecting occupational health and safety, the object of which is the elimination, at the source, of dangers to the health, safety and physical well-being of workers;; An Act respecting industrial accidents and occupational diseases, which addresses compensation for work-related injuries and the consequences they entail for workers, and governs the collection from employers of the amounts necessary to finance this plan.
Mailing address: dependant upon the regional office required and all are listed on this site. Telephone numbers are listed by region and the list is provided only in French so far.
TTY: N/A Languages: French and English (some English pages under construction) User Friendly: Fair; if the user understands French Navigability: Moderate Large Text: No
121
ÉDUCALOI Legal Information Directory http://www.educaloi.qc.ca/en/directory/ responsibility_and_insurance/civil_responsibility/ Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing legal information in everyday language.
Éducaloi seeks to accomplish the following goals: Encourage greater awareness of the law; Ensure a better understanding of the judicial system; Demystify the role of different actors in the legal world; Raise awareness among various social players and the general public about the importance of justice in everyday life; Participate in civic education initiatives designed for children and teenagers. C.P. 55032, CSP Notre-Dame, 11 Notre-Dame West, Montreal, Quebec H2Y 4A7
Telephone : Confidential TTY: N/A
122 also ÉDUCALOI: NATIVE LEGAL INFORMATION http://www.educaloi.qc.ca/en/takuaikan/native_info/ This site is full of legal information unique to First Nations people with audio services available in several different languages.
Mailing address: the same as previous Telephone: Confidential Languages: French, English, recorded advice and referrals in several Native languages User Friendly: Yes, very well-organised lists and links in everyday language Navigability: Excellent Large Text: No
123
LABOUR STANDARDS IN QUEBEC (LA COMMISSION DES NORMS DE TRAVAIL) http://www.cnt.gouv.qc.ca/en/index.asp The Commission des normes du travail is in charge of the application of the Act respecting labour standards and establishes the minimum conditions of employment in the absence of conditions provided for under a collective agreement, a contract of employment or a decree.
The staff can provide services in ten languages that are among the most widely used in the various cultural communities living in Québec. This service is available Monday to Friday, from 8:00 a.m. to 5:00 p.m. There are also information capsules on the Act regarding Labour Standards that use electronic telephone information services, 24 hours a day, 7 days a week. Hall Est, 7e étage, 400, boul. Jean-Lesage, Québec, QC G1K 8W1
Telephone: (418) 644-0817 Toll-free: 1 800 563-9058 TTY: N/A Fax: (418) 643-5132 Telephone: 1 800 265-1414 or (514) 873-7061 Internet: Request for information (online form)
Office hours: from Monday to Friday: 8:30 a.m. to 12:00 p.m. and from 1:00 p.m. to 4:30 p.m. Regional offices are listed on this site Languages: French and English User Friendly: Yes, plain language is used Navigability: Excellent Large Text: No
124
MINISTÈRE DE LA JUSTICE http://www.justice.gouv.qc.ca In accordance with the Act respecting the Ministère de la Justice, the Minister of Justice is also the Attorney General and Registrar of Québec. Ministère de la Justice du Québec, Édifice Louis-Philippe-Pigeon 1200, route de l'Église, 6e étage, Québec QC G1V 4M1 Telephone: (418) 643-5140 Toll free: 1 866 536-5140 TTY: N/A Email: [email protected]
The service can help a person to understand the general rules for applying Québec legislation. The staff cannot, however, interpret these rules to respond to a specific case or situation. Languages: French, English and referrals for service in Native languages User Friendly: Yes Navigability: Excellent Large Text: No
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QUEBEC LAWS & INFORMATION SERVICES http://www.publicationsduquebec.gouv.qc.ca/home.php http://www.canadalegal.info/prov-quebec/index.html#legal-aid A lay person's introduction to Quebec Legal Information Sources and Lawyers' Web Sites. It contains numerous links with contact information.
Mailing address: N/A Telephone: Many numbers provided depending on the service required. Languages: French, English and referrals to lawyers for immigrants speaking other languages User Friendly: Moderately, the site has an enormous amount of information Navigability: Not that easy, one must really read the lists and look around Large Text: Yes, adjustable text sizing
Régie des rentes Québec (translation : The Quebec Pension Board) http://www.rrq.gouv.qc.ca The Régie des rentes du Québec is responsible for applying the Act respecting the Québec Pension Plan, the Supplemental Pension Plans Act and administering the family benefits program.
Many programs listed can be helpful at various stages in life such as retirement, birth or death.
For general information please check the links on the site first. If your request is not covered then you can send it in to this department.
126 Mailing address: N/A Telephone : Numbers are provided in each link according to subject. Languages: English and French User Friendly: Yes, well organised information Navigability: Excellent Large Text: Yes, adjustable text sizing
SOQUIJ - La Société Québecoise d’information juridique http://soquij.qc.ca/societe/ The Société québécoise d'information juridique (SOQUIJ) promotes the research, processing and development of legal information in order to improve quality and accessibility.
Mandated by the Assemblée nationale du Québec, SOQUIJ is self- financed through the sale of its products and services. N.B While some full-text decisions reported in these products are provided in English, the summaries and search tools (indexes, tables, web interface, etc.) are in French.
Société québécoise d'information juridique 715, rue du Square-Victoria, Bureau 600, Montréal QC H2Y 2H7 Telephone: 514.842.8741 TTY: N/A Fax: 514.844.8984 Email: online form to fill out under Nous joindre Languages: Predominantly French, some English User Friendly: No for English-speaking visitors, yes for those who understand French Navigability: Excellent if you understand French Large Text: No
127 SASKATCHEWAN
CONSUMER PROTECTION BRANCH http://www.saskjustice.gov.sk.ca/cpb/default.shtml The objectives of the Consumer Protection Branch are to empower the public to deal with problems they encounter in the marketplace and to act directly for those who are unable to protect themselves.
Suite 500, 1919 Saskatchewan Dr., Regina, SK S4P 4H2 Telephone: 306-787-5550 or 1-888-374-4636 (Toll Free in SK) TTY: N/A Fax: (306) 787-9779 E-mail: [email protected] Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
LEGAL AID COMMISSION http://www.saskjustice.gov.sk.ca/legal_aid/default.shtml The Legal Aid Commission provides legal services to persons and organizations for criminal and civil matters where these persons and organizations are financially unable to secure those services from their own resources.
128 The Legal Aid Commission 502, 201-21st St. E., Saskatoon SK S7K 2H6 Telephone: 306-933-5300 Toll-free: 1-800-667-3764 Fax: 306-933-6764 TTY: N/A E-mail: [email protected] Web Site: http://www.legalaid.sk.ca Languages: English User Friendly: Yes Navigability: Excellent Large Text: Yes, adjustable text sizing
PUBLIC LEGAL EDUCATION ASSOCIATION OF SASKATCHEWAN (PLEA) http://www.plea.org/ PLEA is a non-profit, non-government organization to educate, inform and empower through law-related education.
In cooperation with the Saskatoon Public Library, it offers a series of free legal information programs on specific legal topics to community groups, clubs and organizations and to individuals. Public Legal Education Association of Saskatchewan 300 - 201 21st Street East, Saskatoon, Saskatchewan S7K 0B8 Telephone: 306-653-1868 TTY: N/A Fax: 306-653-1869 E-mail: [email protected] Languages: English User Friendly: Yes Navigability: Good Large Text: Yes, adjustable text sizing
129 YUKON
THE YUKON PUBLIC LEGAL EDUCATION ASSOCIATION (YPLEA) http://www.yplea.com/home.html A non-profit organization providing legal information to the public and promoting increased access to the legal system by helping callers deal with legal matters. THE YUKON PUBLIC LEGAL EDUCATION ASSOCIATION P.O. Box 2799, Yukon College, Whitehorse, Yukon Y1A 5K4
Office Hours: Serving the Yukon: Monday, Wednesday, Thursday and Friday - 9:00AM to 5:00PM. Tuesday - 9:00AM to 12:00PM Telephone: (867) 668-5297 Toll Free : (866) 667-4305 TTY: N/A Email: [email protected] Languages: English User Friendly: Yes Navigability: Good Large Text: Yes, adjustable text sizing
130 National Consumer Organizations on Disability
“Enablelink” is one of many Internet Web sites that offers a wealth of information and contacts on disability. It includes a directory of disability organizations, a product catalogue and advocacy and support groups. Access the resources nearest you at: (http:// www.enablelink.org)
Major national disability organizations describe themselves as follows: Council of Canadians with Disabilities (CCD) improves the status of persons with disabilities through monitoring Federal legislation as it impacts on people with disabilities.
926, 294 Portage Ave. Winnipeg, MB R3C 0B9 Phone: (204) 947-0303 Website: www.pcs.mb.ca/~ccd/
Canadian Association of Independent Living Centres (CAILC) promotes and encourages citizens with disabilities to take responsibility for their personal lives and to participate fully in the affairs of their communities. 170 Laurier Avenue West, Suite 1104 Ottawa, Ontario, K1P 5V5 Phone: 613/563.2581 Fax: 613/563.3861 TTY/TDD: 613/563.4215 Email: [email protected]
131 Canadian Paraplegic Association (CPA) promotes the independence, self-reliance and full participation of Canadians with spinal cord injury and other significant mobility disabilities through counselling, information and advocacy.
230 - 1101 Prince of Wales Dr. Ottawa, ON K2C 3W7 Phone: (613) 723-1033 Fax: (613) 723-1060 Website: www.canparaplegic.org
DisAbled Women’s Network (DAWN) is a national, cross- disability organisation of women with disabilities in Canada. They focus is in the areas of research, defining the needs and concerns of women with disabilities and designing programs to address those needs and concerns.
408 3637 Cambie St. Vancouver, BC V5Z 2X3 Phone: (604) 873-1564 Website: www.dawncanada.net
Canadian Council of the Blind (CCB) describes itself as a national self-help consumer organization "of" persons blind, deaf- blind and visually impaired. CCB National Office 401 - 396 Cooper St. Ottawa, ON K2P 2H7 Canada Telephone: 613.567.0311 Toll-free: 877-304-0968 Fax: 613.567.2728 Email: [email protected] Website: www.ccbnational.net
132 The Canadian National Institute for the Blind (CNIB) is a service organization that helps blind, visually impaired, and deaf- blind Canadians live in a sighted world.
National Office 1929 Bayview Avenue Toronto, ON M4G 3E8 Phone: (416) 486-2500 Fax (416) 480-7677 Website: www.cnib.ca
Canadian Association of the Deaf promotes and protects the rights, needs and concerns of Canadians who are deaf.
Canadian Association of the Deaf 205 - 2435 Holly Lane Ottawa, ON K1V 7P2 Phone: (613) 526-4785 TTY: (613) 526-4785 Website: www.cad.ca
ARCH: A Legal Resource Centre for Persons with Disabilities ARCH Disability Law Centre 425 Bloor Street East, Suite 110 Toronto, Ontario M4W 3R5 Email: [email protected] Web site: www.archdisabilitylaw.ca
133 National Educational Association of Disabled Students (NEADS) promotes the self-empowerment of post-secondary students with disabilities.
Rm. 426, 4th Level Unicentre, Carleton University Ottawa, ON K1S 5B6 Phone: (613) 526-8008 TTY: (613) 526-8008 Fax: (613) 520-3704 Website: www.neads.ca
Canadian Association for Community Living (CACL) is Canada's national association dedicated to promoting the participation of people with intellectual disabilities in all aspects of community life.
Kinsmen Bldg. 4700 Keele North York, ON M3J 1P3 Phone: (416) 661-9611 TTY: (416) 661-2023 Fax: (416) 661-5701 Website: www.cacl.ca
National Institute of Disability Management and Research is committed to reducing the human, social and economic cost of disability to workers, employers and society through education, training and research. 3699 Roger St. Port Alberni, BC V9Y 8E3 Phone: (250) 724-4344 Website: www.nidmar.ca
134 Canadian Hard of Hearing Association is a bilingual organization that works to eliminate the isolation, indignation, and frustration of hard of hearing and deafened persons by assisting in increasing personal self esteem and confidence which will lead to total integration in society.
Canadian Hard of Hearing Association 2435 Holly Lane, Suite 205 Ottawa, Ontario, K1V 7P2 Voice: 613-526-1584 TTY: 613-526-2692 Fax: 613-526-4718 Toll-Free: 1-800-263-8068 (Canada Only) Website: www.chha.ca The Neil Squire Foundation is the only not-for-profit organization in Canada to use “technology, knowledge and passion” to empower Canadians with physical disabilities. Their work helps clients remove obstacles and barriers so that they can live independent lives and become active members of society.
Head Office Suite 220 - 2250 Boundary Road Burnaby, BC V5M 4G5 Phone: (604) 473-9363 Fax: (604) 473-9364 Website: www.neilsquire.ca
135 Canadian Council on Rehabilitation and Work (CCRW) is a network of organizations and individuals that provides leadership in programs and services for job seekers with disabilities and businesses committed to equity and inclusion.
Head Office 11 Richmond Street West, Toronto, ON M5H 2G4 Phone: 416-260-3060 Website: www.ccrw.org Learning Disabilities Associating of Canada (LDAC) provides understanding and support to people with learning disabilities, their parents, teachers and other professionals regarding legal rights and how to exercise them.
National Office 250 City Centre Avenue, Suite 616, Ottawa, Ontario K1R 6K7 Telephone: (613) 238-5721 TTY: N/A Fax: (613) 235-5391 Email: [email protected] Website: www.ldac-taac.ca/LDandtheLaw/toc_Law-e.asp
136 REACH CANADA works to improve the quality of life for citizens with disabilities by offering lawyer referral and educational services at the community level in the national capital area. Their web site has abundant information for Canadians with disabilities including information about rights and studying law. It also houses electronic versions of all of the products related to this Equality in Practice Project. http://reach.ca/equality
Reach Canada 400, rue Coventry Road, Ottawa, Ontario K1K 2C7 Telephone: 613-236-6636 Toll Free: 1 800 465-8898 TTY/ATS: (613) 236-9478 Fax: (613) 236-6605 Email: r [email protected] Website: www.reach.ca
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Inside back cover
DOES NOT PRINT!