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ILAG Presentation - For ILAG Website - June 14, 2013

ILAG 2013 - Navigating with the wandering lost: The critical role of trusted intermediaries in increasing access to justice
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Transcript of ILAG Presentation - For ILAG Website - June 14, 2013

Intermediaries: Why "Partners" in Access to Justice Rather than Just "Entry Points"?
Multiple problems and interconnected problem clusters more likely among disadvantaged populations
holistic approaches
intermediaries have access to this knowledge
Possible "Spectrum" of Legal Literacy and Capability Training for "Trusted Intermediaries"
Spotting or red-flagging legal issues
Making good legal referrals
Understanding legal information vs. legal advice
Using social networking technology to find and update legal information
Understanding how to use the law (process & enforcement)
Working effectively with your client's lawyer or advocate
Advocating effectively for your client
Identifying systemic issues for advocacy
Understanding available legal services (Legal Aid, pro bono, sliding scale)
Community navigation - other advocacy help available
Using the internet and printed materials effectively to find legal information
Understanding the law: legal issue workshops
Understanding the legal system
Working with clients to encourage self-advocacy & self help
Developing knowledge sharing networks
http://yourlegalrights.on.ca
Expanding Access to Justice by Partnering with "Trusted Intermediaries"
An integrated network of legal service providers and trusted intermediaries
Supported by legal services providers
Provide initial public legal information
Make referrals to legal services
Provide providers of legal services with the holistic context that will assist lawyers in providing service
This vision is largely one of intermediaries providing a “gateway function” within a “truly accessible justice system”
Why are Intermediaries an Important Approach to Expanding Access to Justice?
Why are Intermediaries an Important Approach Expanding Access to Justice?

Purpose: through research and consultation to lay the groundwork for a consortium of services to develop and deliver programs and enhance legal information and services
Follow-up to the “Connecting” report
“People don’t admit to problems until the situation is desperate”
The disadvantaged often fail to take action when they experience legal problems
“Sometimes they are scared to do anything because what they have is all they have”
“People don’t know they have a problem until they are assisted by a service provider”
“People seldom look for information until the situation is dire”
“My clients are the wandering lost”
Why Trusted Intermediaries?
They are already part of the fabric of the community
Why Trusted Intermediaries?
Build an expanded justice system by integrating community resources and legal services

Key strategy - Intermediaries: the fence at the top of the cliff
The need for services exceeds the supply of lawyers and maybe their skill set
prevention and problem management strategies
self-help coaching
Developing sophisticated legal research skills
Develop basic legal research skills
Developing a "reflective practice"
What are the Potential Roles for Trusted Intermediaries?
Determine:
Who are "Trusted Intermediaries"?
Experimental "Legal Health" Checklist Approach
Experimental "Appropriate Intervention Point" Analysis
Legal Awareness Needed
Legal Information vs. Legal Advice
Legal Aid Comparison Chart - Who Does What?
Connecting Ottawa Website
Where Else to Go For Help Chart
Credible Portal to Legal Information
Educating about Credible Internet Sources
Jointly produced monthly newspaper columns being published in rural newspapers throughout five counties in Eastern Ontario
www.communitylegalcentre.ca/legal_information/Tips/LEARNLAW-201204-WhereCanIFindMoreInformationAboutFamilyLaw.pdf
Weekly alerts to interesting legal information

"Common Question"
Email Bulletins
Tweeting about legal rights
Webinars Widely Available
Training Tool for Legal Rights/Obligations
PovNet U - Online Courses for Anti-Poverty Advocates
ILAG 2013
Navigating with the Wandering Lost:

The Critical Role of Trusted Intermediaries in Increasing Access to Justice
Michele Leering, Executive Director/Lawyer
Community Advocacy & Legal Centre, Belleville, Ontario, Canada

Dr. Ab Currie, Senior Research Fellow
Canadian Forum on Civil Justice
Toronto, Ontario, Canada

The "Holy Grail" of Expanding Access to Justice
Nicholas Katzenbach, Conference on Extension of Legal Services to the Poor, Washington, 1964.
We need what is in effect a new profession, a profession for advocates for the poor made up of people from all professions, committed to helping those who are in trouble. That job is too big and I would add too important to be left to lawyers.
Cappelletti and Garth’s third wave of access to justice, 1976
Poor People and the Law
Intermediaries are a presence in local communities making early intervention more likely
Working with intermediaries makes a holistic, integrated, and “joined up” approach more likely
Paths to justice become less daunting, more useable and visible by people
People will find it easier to navigate and trusted intermediaries will find it easier to provide service
Legal Awareness
Legal Advocacy
Facebook

Linking up "trusted intermediaries"
www.plelearningexchange.ca/
http://pleiconnect.ca
http://www.povnetu.org/
Working with Trusted Intermediaries
Select Innovative Projects from Across Canada
Connecting Communities Consortium
http://www.plelearningexchange.ca/adult-education-principles-ten-tips-for-presenters-to-stand-out-and-make-a-difference/
http://www.cleo.on.ca/en/projects/connecting-communities
http://www.plelearningexchange.ca/
Contact Julie Mathews at CLEO, mathewsj@lao.on.ca
Five County County LAO Service Coordination Network
Contact Michele Leering, Community Advocacy & Legal Centre, leeringm@lao.on.ca
http://www.communitylegalcentre.ca/ConnectingRegions/docs/PathsToJusticeFinalReport2011.pdf
BC Courthouse Librarians
http://www.courthouselibrary.ca/about.aspx
http://pleiconnect.ca/
http://bclawmatters.blogspot.ca/
http://www.communitylegalcentre.ca/referrals/docs/Where_Else_to_Go_For_Help.pdf
http://communitylawschool.org
Community Law School of Sarnia-Lambton
Partners:
Pro Bono Students Canada
The Community Legal Services of University of Western Ontario
North Lambton Social Services, Lambton College
Project Overview

One of a kind training program for rural community workers in Southern Ontario in consumer protection law.
In-person workshops for a wide range of community workers; extensive use of innovative training materials including: podcasts, series of tip sheets, templates for local newspaper information columns, etc.
Training uses local community networks
http://wiki.clicklaw.bc.ca
http://www.povnetu.org
Poverty Law Advocates Network
http://www.povnet.org/
Violet - Law & Abused Women
http://www.violetnet.ca/
Working with Access to Justice Partners
http://www.communitylegalcentre.ca/connectingregions/docs/PathsToJusticeFinalReport2011.pdf
"Poor people are not just like rich people without money. Poor people do not have legal problems like those of private plaintiffs."
"Poor people do not lead settled lives into which the law seldom intrudes; they are constantly involved with the law in its most intrusive forms."
Stephen Wexler, "Practicing Law for Poor People", 79 Yale Law Journal 1049 (1970)
"Poverty creates an abrasive interface with society; poor people are always bumping into sharp legal things."
Expanding Access to Justice
National Action Committee on Access to Justice in Family and Civil Matters
Responding Early, Responding Well: Access to Justice Through the Early Services Resolution Sector, Working Group on Prevention, Triage and Referral.

http://bit.ly/12fpeh7
Expanding what we mean by the justice system to encompass an early services resolution sector
Intermediaries: an important strategy
What skills and training do they need?
Increase the legal capability of intermediaries
Who are potential intermediaries?
What roles will they carry out?
How do we engage intermediaries?
What outcomes can be expected?
http://www.cfcj-fcjc.org/collaborations
http://www.lawfoundation.on.ca/wp-content/uploads/The-Connecting-Report.pdf
http://www.communitylegalcentre.ca/referrals/Family_Law.htm
http://connectingottawa.com/
http://www.communitylegalcentre.ca/referrals/docs/Where_Else_to_Go_For_Help.pdf
http://communitylawschool.org
http://www.facebook.com/CommunityLegalCentre
Community Legal Clinics on Facebook
Service Provider Forums
9. Improving Access to Public Legal Information for Immigrant Communities in Ontario using Innovative Practices and Communications Technologies
Lead:
Durham Community Development Council
Partners:
Ajax Immigrant Welcome Centre
Pickering Immigrant Welcome Centre
Durham Community Legal Clinic
Project Overview:
Training
front-line workers
in newly developed
community hubs
(new Immigrant Welcome Centres) in
social assistance law

Training strategy will utilize
video-conferencing
and
distance education technology
; available through
7 Welcome Centres
in Durham and York Region

A wide variety of workers
working within

Welcome Centres will receive the training

Training will
pilot methods
of distance education and inform further training opportunities
Training Workshops in:
Durham and York region
3. Connecting Communities Tenants' School
Lead:
Federation of Metro Tenant's Associations
Partners:
Rexdale Women's Centre
Working Women Community Centre
Thorncliffe Neighbourhood Office
Project Overview
In-depth training on
tenants and housing law
for
settlement and community workers
in the GTA working with immigrant communities

Training strategy: Adult education program for front line workers;
in person workshops, two hours, once a week for a series of 12 weeks.

New connections built
through the project, have had
lasting impact
on work of FMTA; has opened FMTA to new communities –
has changed how FMTA works

FMTA has worked closely with partners to
adapt existing training materials
to meet particular context and realities of immigrant communities
Workshop Trainings in:
GTA
2. Consumer Protection Education for Rural Ontario
Lead:
Community Law School of Sarnia Lambton
Partners:
Pro Bono Students Canada
The Community Legal Services of University of Western Ontario
North Lambton Social Services, Lambton College
Project Overview
One of a kind
training program for
rural community workers
in Southern Ontario in
consumer protection law
.
In-person
workshops
for a wide range of community workers; extensive use of
innovative training materials
including
;

podcasts, series of tip sheets, templates for local newspaper information columns, etc.
Training
uses local
community networks
Training workshops in:
Owen Sound, Sarnia-Lambton, and Petrolia
1. NewHome: Realizing Housing Rights in Non-Official Language Communities
Project Overview

Training
settlement workers
across province in
tenant and housing law
Produced
Webinars
with participation of front line workers;
Facilitated
sharing and networking
among participants and
introduced workers
in immigrant communities to CERA and its services
In person workshops
in London, Toronto and Ottawa
Has created
new connections/resources
and referrals for CERA across Province
Lead:
Centre for Equality Rights in Accommodation (CERA)
Partners:
Ontario Council of Agencies Serving Immigrants (OCASI)
Housing Help Association of Ontario (HHAO)
Training workshops in:
Toronto, London, Ottawa
4. Reaching Out: Training on Employment Standards and Human Rights
Lead:
Worker's Action Centre
Partners:
Parkdale Community Legal Services
Human Rights Legal Support Centre
Somali Women's Association
Project Overview
Training in
employment and human rights law
for those working
with immigrant communities
in Toronto, Ottawa, Owen Sound and Belleville

Training strategy: In-person
workshop
series for broad range of workers in
three separate linguistic communities
(Tamil, Chinese, Somali) using existing community networks

3 day, in-depth training
for
10 community leaders
from different linguistic communities. Upon completion,
participants will facilitate workshops
using personal networks

Great interest among community leaders
- training was over-subscribed, extensive use of
participant's own experience
, binders with
easy to re-reproduce handouts
in each training
Training workshops in:
Owen Sound, Belleville, Ottawa, and Toronto
5. Supporting our Families: Trans Parents and Family Law Information
Project Overview
Training
community workers, volunteers and community leaders
in
family law information
relating to issues facing
transgendered parents living in rural and remote communities
in southern Ontario

Builds on an i
nformal infrastructure and peer support networks
that exist within trans-communities in rural communities and provides legal information tailored to
needs of trans-parents

Created out of
extensive research
by Rainbow Health Ontario regarding
issues facing this extremely marginalized community
Training Workshops in:
Southern Ontario
Lead:
Sherbourne Health Centre
Partners:
LGTBQ Parenting Network of the Sherbourne Health Centre
Rainbow Health Ontario
Downtown Legal Services
6. Learning Through Law: legal information training for ESL teachers across Ontario
Lead:
FCJ Refugee Centre
Partners:
TESL Ontario
CICS
Project Overview
Training

English as a Second a Language teachers

across Ontario in basic

immigration and employment law

ESL teachers
are often

the
only ‘Canadian’ a student may know
and often
serve as a information resource
concerning a variety of issues

Training provided to ESL teachers through a series of

face to face workshops along with web-based trainings and materials

Utilizes
existing TESL Ontario infrastructure
Training Workshops in:
Across Ontario
7. Enhancing Community Capacity to Address Legal Needs of Low Income Chinese Speaking Clients
Lead:
Centre for Information and Community Services of Ontario
Partners:
Metro Toronto Chinese and Southeast Asian Legal Clinic
Project Overview
Training
Chinese settlement and community workers in immigration law
through membership of the Chinese Inter-Agency Network which includes of 50 community agency members

Innovative training model where staff from community agency partners ( TCCSSA and CICS) will be t
rained as Community Legal Information Mentors

Mentors will
consult with, and organize trainings for front line staff
Training Workshops in:
The GTA
8. You're Right! It's the Law!
Lead:
Justice for Children and Youth
Partners:
Thunder Bay Multicultural Council
Urban Aboriginal Strategy
Thunder Bay Friendship Centre, Human Rights Legal Support Centre
Project Overview
Training

youth
and
community workers

in

youth criminal justice
and
educational law

for largely aboriginal youth population in

Thunder Bay


Aboriginal young people move between remote fly-in communities and Thunder Bay, while
experiencing exceptionally high rates of violence, substance abuse, and poverty

among other issues

Training strategy will use

social networking and popular art

as methods to

develop and distribute training materials

Youth workers themselves

will be
involved in all aspects
of the project.
Training Workshops in:

Thunder Bay
10. Loving Our Children without Fear; Understanding Child Welfare Law and its Impact on the Hispanic Community
Lead:
Hispanic Development Council
Partners:
Catholic Children's Aid Society
Children's Aids Society of York Region
Centre for Spanish Speaking People
Project Overview
Training

Community, Social, and Youth workers
as well as
leaders

in the

Hispanic
community

in

Child Welfare law

Training
provided to the

80 member agencies
of the
HDC

10 training modules
will be offered
in group workshops,
focusing on various aspects of child welfare and protection law

Emphasis on
case studies

to understand issues facing families and role of child welfare system


Hispanic children make up one of the

largest caseloads

within CCAS

Use of

adult education principles

will ensure active involvement of participants
Training Workshops in:

York Region and the GTA
11. Bathurst Finch Safety Training
Lead:
North York Women's Centre
Partners:
Downsview Community Legal Services
METRAC
The Bathurst Finch Community Hub
Project Overview
Train
staff in multi-service community hub
in
criminal and immigrant law
as it relates to
domestic violence

Targets settlement and community service providers in this
high need community
with a
large non-english/french speaking
population


Over
15 agencies
(eg. Korean Canadian Women's Association and Ukrainian Immigrant Aid Society)
work out of the hub


Training delivered through
full-day session
and series of
six, small-group dialogue
sessions

Project will familiarize participants in
using Risk Assessment and Referral Tool
as part of training
Training Workshops in:
Toronto
http://wiki.clicklaw.bc.ca/index.php/Legal_Help_for_British_Columbians
http://yourlegalrights.on.ca/training
http://www.plelearningexchange.ca/
http://communitylawschool.org/programdescriptions
http://www.povnetu.org/
http://www.povnet.org
http://connectingottawa.com/
http://www.communitylegalcentre.ca/connectingregions/docs/PathsToJusticeFinalReport2011.pdf
http://www.communitylegalcentre.ca/referrals/docs/LEGAL_AID_COMPARISON_CHART_HPE.pdf
http://www.communitylegalcentre.ca/referrals/docs/Where_Else_to_Go_For_Help.pdf
http://www.communitylegalcentre.ca/legal_information/Tips/LEARNLAW-201204-WhereCanIFindMoreInformationAboutFamilyLaw.pdf
http://twitter.com/legalrightsON
http://twitter.com/CALCtweets
http://www.violetnet.ca
http://www.acjnet.org/LawCentralAlberta/default.aspx
Resources Links
For more information contact Michele Leering, leeringm@lao.on.ca
(Quotes from Paths to Justice report)
http://www.acjnet.org/LawCentralAlberta/default.aspx
Law Central - Alberta
For references to academic papers & reports, please see the forthcoming conference paper on the ILAG website at http://www.ilagnet.org/
Legal Health Checklists - CBA
http://www.cba.org/cba/equaljustice/resources/checklists.aspx
1. Voluntary,
Informal or inadvertent intermediaries
Examples include:
friends
neighbours
relatives
faith leaders
ethnic or cultural organization contacts
food bank volunteers
hair stylists
2. Members of the helping professions
Examples include:
teachers
nurses
doctors
social workers
public librarians
counsellors
accountants
government information centres
"211" help lines
4. Intermediaries connected with the
justice system
Examples include:
court staff
Legal Aid workers
duty counsel
private bar lawyers
law librarians
police
judges
3. Lay or professional advocates
Examples include:
advocates for people with intellectual disabilities
union stewards
shelter legal support workers
victim-witness or court diversion staff
non-legal advocates in various roles
Trusted Intermediaries: Four
Categories
Full transcript