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A Vicious Circle: Legal Issues are Connected to Many Other Issues Presentation to Pro Bono Law Alberta Stakeholders Round Table, November 22, 2012 Derek Cook and Janice Pasay, Calgary Poverty Reduction Initiative Justice Sector Constellation
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The issue Legal issues are connected to many other issues, including poverty Presentation: The issue The challenge in addressing the issue What the Calgary Poverty Reduction Initiative (CPRI) is doing about it, and what we can do about it 2
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The issue illustrated “The single parent, the impoverished person on welfare...who doesn’t even make enough to buy a bus pass, never mind feed four children and pay rent, gas, telephone...’cause you need those at least. Never mind giving your kids cable, never mind bus passes.” (Poverty Reduction Coalition, Crimes of Desperation: The truth about poverty-related crime (Calgary, Alberta: United Way of Calgary and Area, March 2008), retrieved from http://www.calgaryunitedway.org/main/sites/default/files/Crimes%20of%20%20Desperation%20Final%20mar0 8.pdf on November 7, 2012.) http://www.calgaryunitedway.org/main/sites/default/files/Crimes%20of%20%20Desperation%20Final%20mar0 8.pdf 3
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Legal issues and poverty “There is a strong link between multiple unresolved legal problems and social exclusion, poverty and disadvantage”. (Melina Buckley, Moving Forward on Legal Aid: Research on Needs and Innovative Approaches (Ottawa, Ontario: Canadian Bar Association, June 2010) 39, retrieved from http://www.cba.org/CBA/Advocacy/PDF/CBA%20Legal%20Aid%20Renewal%20Paper.pdf on October 16, 2012. ) http://www.cba.org/CBA/Advocacy/PDF/CBA%20Legal%20Aid%20Renewal%20Paper.pdf 4
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Legal issues cluster Legal and other issues of those with low income present in recognizable clusters; e.g., family disputes new Canadians youth 5
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Legal issues lead to other issues “Unresolved legal problems have a momentum and tend to cluster with other health and social consequences and the more legal problems present, the greater the incidence of health and social problems”. (Glynnis Lieb, Stephanie Abel, Mary Stratton and Diana Lowe, The Alberta Legal Services Mapping Project, Final Report for the Calgary Judicial District (Edmonton, Alberta: Canadian Forum on Civil Justice, December 2009) 45, retrieved from http://www.cfcj- fcjc.org/sites/default/files/docs/2009/mapping-calgary-en.pdf on October 16, 2012;http://www.cfcj- fcjc.org/sites/default/files/docs/2009/mapping-calgary-en.pdf Mary Stratton, Alberta Legal Services Mapping Project: An Overview of Findings from the Eleven Judicial Districts (Canadian Forum on Civil Justice, July 2011) 6, retrieved from http://www.cfcj- fcjc.org/sites/default/files/docs/2011/mapping-final-en.pdf on October 16, 2012.)http://www.cfcj- fcjc.org/sites/default/files/docs/2011/mapping-final-en.pdf 6
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Specific legal issues Some groups have specific legal issues: Aboriginal persons Immigrants and temporary foreign workers Those with mental health and cognitive issues 7
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The challenge in addressing the issue Lack of knowledge, by public and service providers Inaccessibility of the legal system Shortage of lawyers in the relevant areas Cost of services Lack of integration of services 8
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Public’s lack of knowledge “[T]here is a large proportion of citizens who either do not recognize their problem as having a legal component or don’t know where to go for help”. (National Action Committee on Access to Justice in Civil & Family Matters Prevention, Triage and Referral Working Group, Consultation Paper on Prevention, Triage and Referral Processes: Description of Key Issues and Recommendations for Action (August 24, 2012) 6, retrieved from http://www.justiceeducation.ca/sites/default/files/ptr-report.pdf on October 16, 2012.) http://www.justiceeducation.ca/sites/default/files/ptr-report.pdf 9
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Service providers’ lack of knowledge No centralized database of information on available services Lack of specialized training 10
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Inaccessibility of legal system “Many aspects of the civil justice system are difficult to understand for those untrained in the law. Without assistance it is difficult, if not impossible, to gain access to a system one does not comprehend.” (Report of the Canadian Bar Association Task Force on Systems of Civil Justice (Ottawa, Ontario: The Canadian Bar Association, August 1996) 16, retrieved from http://www.cba.org/cba/pubs/pdf/systemscivil_tfreport.pdf on October 16, 2012.)http://www.cba.org/cba/pubs/pdf/systemscivil_tfreport.pdf 11
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Shortage of lawyers Only lawyers can provide legal advice Lawyers are the only profession expected to provide their services for free 12
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Cost of services “Middle income Canadians cannot afford legal advice or representation for more than the most routine matter”. (Mary Stratton, Alberta Legal Services Mapping Project: An Overview of Findings from the Eleven Judicial Districts (Canadian Forum on Civil Justice, July 2011) 6, retrieved from http://www.cfcj- fcjc.org/sites/default/files/docs/2011/mapping-final-en.pdf on October 16, 2012.)http://www.cfcj- fcjc.org/sites/default/files/docs/2011/mapping-final-en.pdf 13
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Lack of integration of services “Service providers have historically operated in silos. This approach must change if legal and related services are to be made effective.” (Glynnis Lieb, Stephanie Abel, Mary Stratton and Diana Lowe, The Alberta Legal Services Mapping Project, Final Report for the Calgary Judicial District (Edmonton, Alberta: Canadian Forum on Civil Justice, December 2009) 112, retrieved from http://www.cfcj-fcjc.org/sites/default/files/docs/2009/mapping-calgary-en.pdf on October 16, 2012.)http://www.cfcj-fcjc.org/sites/default/files/docs/2009/mapping-calgary-en.pdf 14
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Addressing the issue Calgary Poverty Reduction Initiative History Organization: Stewardship Group, Secretariat, Constellations Common process Defined end-goal 15
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CPRI goals Strategy, not a report Best solutions: Focus on ending poverty Address root causes Promote collaboration Encourage collective problem-solving Are innovative Promote fairness 16
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Justice Sector Constellation 17 government and service provider agencies or organizations Unique to CPRI 17
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Justice Sector Constellation key issues Legal issues generally do not occur in isolation Diverse populations have specific legal issues People lack knowledge about legal issues and where to find legal information The legal system is complex and difficult for some to access and navigate The culture and functioning of the legal system may produce unintended results 18
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Justice Sector Constellation goals Diversity and Community Integration Values Opportunity Education Integrated, Community-based Services 19
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Justice Sector Constellation strategies Education: Public Other service providers Justice sector Enhancing Services Systemic Change 20
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Strategies (cont’d) Enhancing Services: Form literacy Courthouse navigation Enhancing access Accommodating diverse populations and needs Reintegration of offenders Maximize utilization of existing services and resources Coordination of services 21
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Strategies (cont’d) Systemic Change: Make justice sector more accessible Expand options available within justice sector Expand services to low-income individuals Expand options available in criminal justice system Expand services to individuals with diverse needs Enhance program delivery Policy change 22
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What next? Justice Sector Constellation CPRI Us 23
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For more information www.enoughforall.ca www.enoughforall.ca @enough4allyyc Derek Cook Derek.Cook@calgary.ca Derek.Cook@calgary.ca 24
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