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Legal advice services

                LSS provides legal advice through duty counsel assistance, Brydges Line services,
                family advice lawyers, and LawLINE.

Brydges Line Section 10(b) of the Charter of Rights and Freedoms provides that “Everyone has
             the right on arrest or detention… to retain and instruct counsel without delay and to be
             informed of that right...”
                  The province-wide 24-hour toll-free Brydges Line service offers prompt access to
             emergency legal advice for people who are arrested or detained, or who are under active
             investigation by the police or other law enforcement agencies but not yet charged with an
             offence. Interpreter services are available to Brydges Line callers. Those arrested and
             charged with murder, attempted murder, or manslaughter are referred to a senior lawyer
             experienced in these matters.
                  LSS, at the request of the Attorney General, established the Brydges Line after the
             Supreme Court of Canada held in 1990 that when accused people express concern that
             their inability to afford a lawyer is an impediment to the exercise of their right to counsel,
             the police have a duty to inform them about the existence of duty counsel and the ability
             to apply for a legal aid lawyer.

                Brydges Line calls 2005/2006 – 2007/2008

                                        2007/2008       2006/2007        2005/2006
                Calls received              28,360           30,011           30,733

Criminal &
immigration
duty counsel

Criminal duty   Private bar lawyers contract with LSS to provide duty counsel services for in- and out-of-
counsel         custody accused people in most courts. Duty counsel provide the accused with advice
                about the charges against them, court procedures, and legal rights (including the right to
                counsel and the right to apply for a legal aid lawyer). Duty counsel often represent
                accused people at hearings in which these clients are applying for release, entering a
                guilty plea, and/or speaking to sentence.
Immigration     Immigration duty counsel at the Vancouver enforcement centre of Canada Border
duty counsel    Services Agency provide legal advice to people who are being held in custody as a result
                of immigration proceedings. Duty counsel represent clients at initial detention hearings
                and may represent them at subsequent hearings if there has been a change in
                circumstances that could result in release.
Eligibility     Clients do not have to be financially eligible for legal representation to receive criminal or
                immigration duty counsel services, but only those who meet LSS coverage and eligibility
                requirements are entitled to a referral for ongoing representation.

                Criminal & immigration duty counsel assistance 2005/2006 – 2007/2008

                                        2007/2008       2006/2007        2005/2006
                           1                                         2
                Criminal                    81,216          82,024            75,720
                Immigration                   832            1,006             989
                Note: Totals reflect the number of times advice was given (or the number of calls handled), not the
                number of clients served or issues addressed (clients may have one or more issues at a time and
                may access services more than once).
                1
                  Includes duty counsel at circuit courts. In 2007/2008, circuit court accounted for 2,523 client
                  visits.
                2
                  Data for this year includes 2,176 client visits with night-shift duty counsel in Vancouver, which was
                  introduced in May 2006.
                Legal Services Society                                    1                                      13 June 2008
Legal advice services


Telephone       This project provides legal advice over the telephone outside normal business hours for
advice for      people who are in custody at police lock-ups awaiting bail hearings.
accused in           Under the project, which began April 1, 2006, criminal lawyers provide legal
custody         advice Monday-Friday evenings (6 pm – 10 pm) and on weekends and statutory holidays
                (8 am – 10 pm). They facilitate consent releases and ensure the accused understand the
                conditions they are agreeing to, or they negotiate with police prosecutors to ensure bail
                terms are reasonable when the client is remanded in custody. Where appropriate, they
                advise the accused to wait for a courtroom bail hearing with duty counsel. These lawyers
                do not conduct teleconference bail hearings. Interpreter services are available for clients
                who do not speak English.
                     The service means people who qualify for release no longer have to be kept in custody
                overnight or on weekends and holidays. It should also help make court processes more
                efficient.

Family duty     Family duty counsel are lawyers who can help low-income people deal with family law
counsel         and child protection problems. Located in courthouses, they can:
                    give legal advice about custody, access, guardianship, and child support; property
                    (limited); tentative settlement agreements; and court procedures;
                    speak for clients in court on simple matters such as adjournments, consent and
                    emergency restraining orders, and uncontested custody, access, and support hearings;
                    attend family case conferences and judicial case conferences with clients; and
                    help clients draft documents, review documents to be filed in court, and negotiate and
                    settle issues.
                    Duty counsel do not provide representation at trial.
                    FDC services are provided on scheduled list days (i.e., first time court appearances) in
                most BC Provincial Courts for cases involving the Child, Family and Community Service
                Act (CFCSA); Family Relations Act (FRA); Family Maintenance Enforcement Program, and
                Family Maintenance Programs.
                    As well, FDC services are available at a number of the busiest Supreme Courts.
                Scheduling these family duty counsel days is tailored to the needs of each court, in
                consultation with judges, local lawyers, and the judicial case manager. Typically one
                lawyer is available twice a week.
                    The Vancouver FDC program is distinct from the others in that it is co-housed with
                family justice counsellors (FJC) to enhance both services. Client files are maintained and
                counsel can help clients prepare for their case over several meetings.
                    Details about hours and services in specific locations are available on the LSS
                website at www.lss.bc.ca (under Legal advice).
Eligibility     Priority is given to people who have matters in court that day and who meet the LSS
                income test for advice services. Once clients scheduled for court that day have been
                helped, duty counsel may assist others who need legal advice about family issues
                (usually 20 – 45 minutes of service, depending on their availability).

Family advice LSS and the Ministry of Attorney General’s Family Justice Services Division have
lawyers       worked together for several years to provide family advice lawyer services at FJC offices
              in locations where there is an LSS regional centre. Advice lawyers help unrepresented
              clients prepare their court documents, prepare for their court appearance, and follow up
              on what took place during the proceedings. The lawyers also help low income parents
              who are going through the FJC mediation process to settle their separation or divorce
              matters.




                Legal Services Society                             2                                 6 March 2008
Legal advice services

                     Clients referred to these lawyers by an FJC or child support officer may receive up to three
                     hours of advice on issues concerning custody, access, guardianship, and child support;
                     property (limited); tentative settlement agreements; and court procedures.

                     Family duty counsel assistance 2005/2006 – 2007/2008

                                                                          2007/2008     2006/2007      2005/2006
                     Family duty counsel and advice lawyers            22,371        21,122     18,7891
                     Note: Totals reflect the number of times advice was given, not the number of clients
                            served (clients may access the service more than once).
                     1
                         Over the course of 2005/2006, LSS introduced family duty counsel to 13 Supreme Court locations,
                         which account for 3,508 of clients assisted that year.


     LawLINE         LawLINE provides brief legal services to low income people who cannot access
     advice          alternative legal assistance. It focuses on the areas of poverty, family, criminal, and
                     immigration law for which LSS does not provide legal representation.
                          Brief legal services include legal advice, written opinions, follow-up calls to clients to
                     check progress, phone calls or letters on a caller’s behalf to third parties, help with
For LawLINE, call:   correspondence and documents, and similar services that can be delivered during or
                     shortly after a telephone conversation.
 (604) 408-2172
 Vancouver area           These services do not replace representation by counsel, nor can they meet the needs
         or          of all low income people. However, they can improve the likelihood that the callers without
 1-866-577-2525      legal representation will take appropriate action and obtain access to justice.
    (toll free)           The service is accessible in many different languages through online interpreters. As
                     well, the recorded messages people hear before they are connected to staff are available
                     in eight languages in addition to English.
                          As there is a high demand for LawLINE services, callers are advised they may have
                     to wait for a significant length of time to speak with someone.

     Eligibility     Financial eligibility is determined by an income test LSS has established for advice
                     services.

     CASL            The Community Advocate Support Line (CASL) is a dedicated telephone service LSS
                     provides to advocates through a separate LawLINE number. A full-time lawyer gives
                     advocates brief legal advice, information, and coaching in selected areas of law to
                     support their work on behalf of clients. Assistance is primarily for matters involving
                     income assistance, residential tenancy and housing issues (including foreclosure), family
                     law, employment insurance, the Canada Pension Plan (including disability benefits), debt
                     collection and bankruptcy, consumer contracts, and judicial reviews. A two-year pilot
                     project funded by the Law Foundation and the Ministry of Attorney General, the CASL
                     service began in May 2006.




                     Legal Services Society                                  3                                     13 June 2008
Legal advice services

LawLINE advice services 2005/2006 – 2007/2008

                                           2007/2008        2006/20071    2005/20062
    LawLINE brief legal services                8,001            9,824         10,173

Note:     Totals reflect the number of calls handled, not the number of clients served
          (clients may access the service more than once). The average time spent on a
          LawLINE advice matter (including an initial call and any follow-up services) is
          about 30 minutes and can be anywhere from 15 minutes to 3 hours.
1
    In 2007/2008 LawLINE also handled 7,625 information/referral requests for a total of 15,626 calls.
2
    In 2006/2007 LawLINE also handled 6,626 information/referral requests for a total of 16,450 calls.



LawLINE issue types 2007/2008 (information, referral, and/or advice services)

Issue                                       #          %
Admin                                   1,329         7.3
Short Service                           1,448         7.9
Aboriginal Law                             40         0.2
Consumer Rights                         1,566         8.5
Criminal Law                            2,484       13.6
Debt                                    1,067         5.8
Employment                                765         4.2
Family Law                              5,488       29.9
Health and Estates                      1,108         6.0
Housing                                 1,258         6.9
Human Rights                              109         0.6
Immigration & Refugee                     366         2.0
Income Security                           640         3.5
Torts                                     660         3.6
Total *                               18,328         100
.
* This is more than the total calls handled (15,626) because callers may receive help for more
  than one type of problem.




Legal Services Society                                      4                                    13 June 2008

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Legal Advice

  • 1. Legal advice services LSS provides legal advice through duty counsel assistance, Brydges Line services, family advice lawyers, and LawLINE. Brydges Line Section 10(b) of the Charter of Rights and Freedoms provides that “Everyone has the right on arrest or detention… to retain and instruct counsel without delay and to be informed of that right...” The province-wide 24-hour toll-free Brydges Line service offers prompt access to emergency legal advice for people who are arrested or detained, or who are under active investigation by the police or other law enforcement agencies but not yet charged with an offence. Interpreter services are available to Brydges Line callers. Those arrested and charged with murder, attempted murder, or manslaughter are referred to a senior lawyer experienced in these matters. LSS, at the request of the Attorney General, established the Brydges Line after the Supreme Court of Canada held in 1990 that when accused people express concern that their inability to afford a lawyer is an impediment to the exercise of their right to counsel, the police have a duty to inform them about the existence of duty counsel and the ability to apply for a legal aid lawyer. Brydges Line calls 2005/2006 – 2007/2008 2007/2008 2006/2007 2005/2006 Calls received 28,360 30,011 30,733 Criminal & immigration duty counsel Criminal duty Private bar lawyers contract with LSS to provide duty counsel services for in- and out-of- counsel custody accused people in most courts. Duty counsel provide the accused with advice about the charges against them, court procedures, and legal rights (including the right to counsel and the right to apply for a legal aid lawyer). Duty counsel often represent accused people at hearings in which these clients are applying for release, entering a guilty plea, and/or speaking to sentence. Immigration Immigration duty counsel at the Vancouver enforcement centre of Canada Border duty counsel Services Agency provide legal advice to people who are being held in custody as a result of immigration proceedings. Duty counsel represent clients at initial detention hearings and may represent them at subsequent hearings if there has been a change in circumstances that could result in release. Eligibility Clients do not have to be financially eligible for legal representation to receive criminal or immigration duty counsel services, but only those who meet LSS coverage and eligibility requirements are entitled to a referral for ongoing representation. Criminal & immigration duty counsel assistance 2005/2006 – 2007/2008 2007/2008 2006/2007 2005/2006 1 2 Criminal 81,216 82,024 75,720 Immigration 832 1,006 989 Note: Totals reflect the number of times advice was given (or the number of calls handled), not the number of clients served or issues addressed (clients may have one or more issues at a time and may access services more than once). 1 Includes duty counsel at circuit courts. In 2007/2008, circuit court accounted for 2,523 client visits. 2 Data for this year includes 2,176 client visits with night-shift duty counsel in Vancouver, which was introduced in May 2006. Legal Services Society 1 13 June 2008
  • 2. Legal advice services Telephone This project provides legal advice over the telephone outside normal business hours for advice for people who are in custody at police lock-ups awaiting bail hearings. accused in Under the project, which began April 1, 2006, criminal lawyers provide legal custody advice Monday-Friday evenings (6 pm – 10 pm) and on weekends and statutory holidays (8 am – 10 pm). They facilitate consent releases and ensure the accused understand the conditions they are agreeing to, or they negotiate with police prosecutors to ensure bail terms are reasonable when the client is remanded in custody. Where appropriate, they advise the accused to wait for a courtroom bail hearing with duty counsel. These lawyers do not conduct teleconference bail hearings. Interpreter services are available for clients who do not speak English. The service means people who qualify for release no longer have to be kept in custody overnight or on weekends and holidays. It should also help make court processes more efficient. Family duty Family duty counsel are lawyers who can help low-income people deal with family law counsel and child protection problems. Located in courthouses, they can: give legal advice about custody, access, guardianship, and child support; property (limited); tentative settlement agreements; and court procedures; speak for clients in court on simple matters such as adjournments, consent and emergency restraining orders, and uncontested custody, access, and support hearings; attend family case conferences and judicial case conferences with clients; and help clients draft documents, review documents to be filed in court, and negotiate and settle issues. Duty counsel do not provide representation at trial. FDC services are provided on scheduled list days (i.e., first time court appearances) in most BC Provincial Courts for cases involving the Child, Family and Community Service Act (CFCSA); Family Relations Act (FRA); Family Maintenance Enforcement Program, and Family Maintenance Programs. As well, FDC services are available at a number of the busiest Supreme Courts. Scheduling these family duty counsel days is tailored to the needs of each court, in consultation with judges, local lawyers, and the judicial case manager. Typically one lawyer is available twice a week. The Vancouver FDC program is distinct from the others in that it is co-housed with family justice counsellors (FJC) to enhance both services. Client files are maintained and counsel can help clients prepare for their case over several meetings. Details about hours and services in specific locations are available on the LSS website at www.lss.bc.ca (under Legal advice). Eligibility Priority is given to people who have matters in court that day and who meet the LSS income test for advice services. Once clients scheduled for court that day have been helped, duty counsel may assist others who need legal advice about family issues (usually 20 – 45 minutes of service, depending on their availability). Family advice LSS and the Ministry of Attorney General’s Family Justice Services Division have lawyers worked together for several years to provide family advice lawyer services at FJC offices in locations where there is an LSS regional centre. Advice lawyers help unrepresented clients prepare their court documents, prepare for their court appearance, and follow up on what took place during the proceedings. The lawyers also help low income parents who are going through the FJC mediation process to settle their separation or divorce matters. Legal Services Society 2 6 March 2008
  • 3. Legal advice services Clients referred to these lawyers by an FJC or child support officer may receive up to three hours of advice on issues concerning custody, access, guardianship, and child support; property (limited); tentative settlement agreements; and court procedures. Family duty counsel assistance 2005/2006 – 2007/2008 2007/2008 2006/2007 2005/2006 Family duty counsel and advice lawyers 22,371 21,122 18,7891 Note: Totals reflect the number of times advice was given, not the number of clients served (clients may access the service more than once). 1 Over the course of 2005/2006, LSS introduced family duty counsel to 13 Supreme Court locations, which account for 3,508 of clients assisted that year. LawLINE LawLINE provides brief legal services to low income people who cannot access advice alternative legal assistance. It focuses on the areas of poverty, family, criminal, and immigration law for which LSS does not provide legal representation. Brief legal services include legal advice, written opinions, follow-up calls to clients to check progress, phone calls or letters on a caller’s behalf to third parties, help with For LawLINE, call: correspondence and documents, and similar services that can be delivered during or shortly after a telephone conversation. (604) 408-2172 Vancouver area These services do not replace representation by counsel, nor can they meet the needs or of all low income people. However, they can improve the likelihood that the callers without 1-866-577-2525 legal representation will take appropriate action and obtain access to justice. (toll free) The service is accessible in many different languages through online interpreters. As well, the recorded messages people hear before they are connected to staff are available in eight languages in addition to English. As there is a high demand for LawLINE services, callers are advised they may have to wait for a significant length of time to speak with someone. Eligibility Financial eligibility is determined by an income test LSS has established for advice services. CASL The Community Advocate Support Line (CASL) is a dedicated telephone service LSS provides to advocates through a separate LawLINE number. A full-time lawyer gives advocates brief legal advice, information, and coaching in selected areas of law to support their work on behalf of clients. Assistance is primarily for matters involving income assistance, residential tenancy and housing issues (including foreclosure), family law, employment insurance, the Canada Pension Plan (including disability benefits), debt collection and bankruptcy, consumer contracts, and judicial reviews. A two-year pilot project funded by the Law Foundation and the Ministry of Attorney General, the CASL service began in May 2006. Legal Services Society 3 13 June 2008
  • 4. Legal advice services LawLINE advice services 2005/2006 – 2007/2008 2007/2008 2006/20071 2005/20062 LawLINE brief legal services 8,001 9,824 10,173 Note: Totals reflect the number of calls handled, not the number of clients served (clients may access the service more than once). The average time spent on a LawLINE advice matter (including an initial call and any follow-up services) is about 30 minutes and can be anywhere from 15 minutes to 3 hours. 1 In 2007/2008 LawLINE also handled 7,625 information/referral requests for a total of 15,626 calls. 2 In 2006/2007 LawLINE also handled 6,626 information/referral requests for a total of 16,450 calls. LawLINE issue types 2007/2008 (information, referral, and/or advice services) Issue # % Admin 1,329 7.3 Short Service 1,448 7.9 Aboriginal Law 40 0.2 Consumer Rights 1,566 8.5 Criminal Law 2,484 13.6 Debt 1,067 5.8 Employment 765 4.2 Family Law 5,488 29.9 Health and Estates 1,108 6.0 Housing 1,258 6.9 Human Rights 109 0.6 Immigration & Refugee 366 2.0 Income Security 640 3.5 Torts 660 3.6 Total * 18,328 100 . * This is more than the total calls handled (15,626) because callers may receive help for more than one type of problem. Legal Services Society 4 13 June 2008