Community Legal Needs Assessment Examining the Need for Access to Justice for Low-Income Residents of Lennox & Addington County Prepared by: Michele Leering Executive Director Hastings and Prince Edward Legal Services 158 George Street Belleville ON K8N 3H2 Date: December, 2001 TABLE OF CONTENTS PAGE Acknowledgements vi Report Summary vii Part I – Introduction to the Project 1 (1) Background to the Study 1 Legal Aid Ontario and Legal Clinic Expansion 1 Legal Clinics Participating in the Study 2 Getting the Community Involved in the Study 3 Purpose and Objectives of the Study 3 Approach Taken to the Study 3 Geographic Area Covered by the Study 4 (2) Research Design and Methodology 4 Preparing to Collect Qualitative Data 4 Participation in the Qualitative Study 5 Collecting Quantitative Data 6 Examining Qualitative and Quantitative Data 7 Part II – Findings of the Research 8 (1) Qualitative Findings 8 (i) Perceptions of the Community 8 Geography and Demographics 8 Reasons for Poverty 9 Trends and Challenges 9 (ii) Perceptions of Legal Issues and Needs 9 Income Maintenance Programs 9 • Social Assistance 9 - Ontario Works (OW) 9 - Ontario Disability Support Program (ODSPA) 11 • Workplace Safety and Insurance Board (WSIB) 13 • Employment Insurance (EI) 13 • Canada Pension Plan (CPP) 14 • Child Tax Benefit 14 • Old Age Security 14 Priorities with Respect to Income Maintenance Issues 14 Employment 14 Housing 16 Family Law 18 i (ii) Perceptions of Legal Issues and Needs (continued) PAGE Disability and Mental Health 21 Immigrant, Refugee, and Aboriginal Law 22 “Being in Trouble with the Law” 22 Consumer/Debt 23 Personal Injuries 24 (iii) Perceptions of Barriers to Accessing Justice 25 Lack of Information and Legal Rights and Resources 25 Inability to Access Information 25 Lack of Advocacy Resources 26 Lack of Systemic Approach to Problems 27 (iv) Perceptions of How Services should be Delivered 27 How and What Type 27 Where 27 Willingness to Travel for Services 28 Feedback on Advocacy Services Available 28 Feedback on Current Legal Aid Ontario Funded and other Government Funded Initiatives 29 Best Way to Inform about Services 30 Special Needs of the Client Community 31 (2) Quantitative Findings 31 (i) Demographic Information 31 Overall Population Figures 31 People Living Below the Poverty Line 33 Language and Literacy 33 Place of Birth, Immigration, and Citizenship 34 Ethnic and Aboriginal Origins 34 Family Status 34 Education 34 Employment and Unemployment 34 Participation and Employment Rates and Earnings 34 Level and Sources of Income 35 Unattached Individuals 35 Families 35 Low-Income Tenants 35 Current Rental Market Data 37 The Disabled 37 (ii) Level of Potential Need for Representation 38 Demographic Data – Income Maintenance Program Sources 38 • Ontario Works 38 ii (ii) Level of Potential Need for Representation (continued) PAGE • Ontario Disability Support Program 38 • Employment Insurance Claims 39 • Workplace Safety and Insurance Board 39 • Canada Pension Plan Disability 39 • Old Age Security 39 Level of Tribunal Activity 39 • Social Benefits Tribunal Appeals (SBT) 40 - Ontario Works Act 40 - Ontario Disability Support Program Act 40 • Ontario Rental Housing Tribunal (ORHT) 40 • Employment Insurance Board of Referees and Umpire 41 • Canada Pension Plan Review Tribunal and Pensions Appeals Board 41 Level of Court Activity 41 • Small Claims Court Disputes 41 Current Legal Aid Ontario Funded Service Activity 41 • Community Legal Clinics and Student Legal Aid 41 - Statistics 41 - Legal Issues arising from Services 42 LAO Lennox & Addington Area Office – Napanee 43 • Legal Aid Certificate Statistics 44 • Legal Aid Ontario Advice Lawyer 44 • Family Law Duty Counsel 44 • Criminal Law Duty Counsel 45 Other “Access to Justice” Related Activity 45 • Family Law Information Centre 45 • Ministry of Labour – Employment Standards Branch 45 • Ombudsman’s Office 45 • Ministry of Municipal Affairs & Housing – Enforcement Branch 45 • Office of the Worker Advisor 45 • Ontario Human Rights Commission 46 (3) Other Information Collected 46 (i) Review of Other Studies of Lennox & Addington County 46 (ii) Distances to Potential Service Delivery Locations 47 (iii) Distances within Coverage Area of Lennox & Addington County 47 (iv) Availability of Internet Connections and Telephones 47 (v) Legal Clinic Willingness to Serve Lennox & Addington County 48 iii PAGE Part III – Conclusions and Recommendations 49 (1) Findings Emerging from the Research 49 (i) Met and Unmet Legal Needs 49 (ii) Special Challenges in Service Delivery 49 (iii) Other Barriers to “Accessing Justice” 50 (2) Recommended Best Practices 50 (i) What Services or Service Enhancements are Needed? 50 (ii) What Legal Issues and Needs should have Priority if Resources are Limited? 50 (iii) Who Should Provide “Clinic Law” Services? 51 (iv) From Where Should Services be Provided? 52 (v) What Mix of Clinic Law Services are Needed? 52 (3) Next Steps 53 (4) Observations and Limitations of the Study 54 (i) Qualitative Data 54 (ii) Quantitative Data 55 (iii) Carrying out the Study 55 (iv) Useful Spin-offs of the Study 56 Appendices I Map of Lennox & Addington County II Sample Consent Form III Organization Information Sheet IV Short Answer Questionnaire V Open-ended/Long Questionnaire VI A Profile of Lennox & Addington: Legal Aid Ontario, July, 2001 VII LAO memo dated June 22, 2001 from Angela Longo, President/CEO, regarding LAO coverage adjustments VIII LAO memo dated February 24, 2000 from R. Keith Wilkins regarding FLIC Advice Lawyers IX “Access to Justice” Providers Available to Residents of Lennox & Addington County X “What is the Difference Between a Legal Clinic and Legal Aid?” iv Appendices (continued) XI Social Benefits Tribunal Statistics XII Excerpt from “FOCUS ON TRAINING: Report and Recommendations on Training and Adjustment Services for ECOTB Region 1999/00” XIII Napanee LAO Area Office Non-certificate Services v Acknowledgments I would like to thank the members of the Local Needs Assessment Advisory Committee, the team of needs assessors, and the many people who volunteered their time, energy, and insight to participate in this study. This report would not have been possible or very useful without their assistance. The Local Needs Assessment Advisory Committee included: Will Cybulski, Kim Strickland, Janet Barry, on behalf of Leona Dombrowsky, MPP; Tammy Nugent, Interval House; Virginia Bartley and Susan Charlesworth, Review Counsel at Queen’s Legal Aid; Susan Irwin, Executive Director and lawyer with Rural Legal Services; Joyce Bigelow, Chairperson of the Board of Rural Legal Services; Ruth James Morrow, Board Chairperson, and Brett Mann and Ivar Heissler, Board Members of Hastings and Prince Edward Legal Services. This report was written by Michele Leering, Executive Director and lawyer with Hastings and Prince Edward Legal Services, with the assistance of a committed group of individuals who formed the needs assessment team. Special thanks to Susan Irwin of Rural Legal Services; Waikwa Wanyoake and Mike Bozic of Queen’s Student Legal Aid; and Deirdre McDade, lawyer, and Julie Rickard, administrative assistant, with Hastings and Prince Edward Legal Services. Contact information for legal clinics which worked collaboratively on this study is as follows: Hastings and Prince Edward Legal Services 158 George Street Belleville, ON K8N 3H2 1-877-966-8686 (613) 966-8686 F: (613) 966-6251 Rural Legal Services PO Box 359 Sharbot Lake, ON K0H 2P0 1-888-777-8916 (613) 279-3252 F: (613) 279-3228 Queen's Legal Aid MacDonald Hall Queen's University Kingston, ON K7L 3N6 (613) 533-2102 F: (613) 533-6890 vi Report Summary Legal clinic staff employing a “community action research” model met with a broad cross- section of residents and service providers to learn more about the unique legal needs and challenges facing people living on a low income in Lennox & Addington County. Additionally, a great deal of statistical information was collected and analysed to create a profile of the low-income community and the level of potential need for legal clinic services. Through synthesis and interpretation of the data, a disturbing picture emerged. Lennox & Addington County has a large population of people living on a low income who have little awareness of their legal rights and obligations, are often misinformed about those rights, have few accessible resources to assist in problem-solving or advocacy, and have little or no energy to stand up for their rights. The depth of need portrayed by the research participants’ observations is disconcerting. While legal clinics must clearly place priority on meeting the legal needs of people living on a low income which will keep food on their tables and a roof over their heads, there are other unmet legal needs documented by this study. The study calls for a comprehensive approach to meeting legal needs which will require a vision of what “access to justice” should mean for this vulnerable, low-income population. In addition to meeting individual needs for advice, assistance, and representation, a systemic advocacy approach is imperative to make the greatest difference in the least amount of time. It will be necessary to build on the evident good faith, intentions, and willingness of other service providers who share similar mandates and vision regarding the need for positive and progressive changes to improve the lives of the people they serve. There are significant differences and serious transportation difficulties between communities in northern and southern