Poverty Law

Delivering Poverty Law Services: Lessons from BC and Abroad

Author: 
Andrea Long and Anne Beveridge
Location: 
Social Planning And Research Council, British Columbia
Date of Publication: 
2004

In August, 2002 all BC Legal Services Society’s poverty law direct service delivery primarily funded by the provincial government, were eliminated because of government cutbacks. This research paper reports on the status of poverty law services in British Columbia and records the views of poverty law service providers. The paper researches other delivery models in Canada and in other countries. The report serves as a first step in determining the most pressing poverty law needs in B.C. since the cutbacks and possible options to address them.

Association of Community Legal Clinics of Ontario

Telephone: 
(416) 204-5380 (Lenny Abramowicz, Executive Director)
Toll Free: 
1-800-668-8258
Other Telephone: 
(416) 597-5855 X 5175 (Trudi Reaume, Administrative Assistant)
Fax: 
416-597-5821
Email: 
info [at] aclco [dot] org
About: 
The Association of Community Legal Clinics of Ontario links poverty law clinics and their communities in a common voice throughout Ontario.

Location

425 Adelaide St. West 5th Floor
Toronto, BC M5V 3C1
Canada

PovNet

Fax: 
604-685-7611
Email: 
info [at] povnet [dot] org
About: 
PovNet is an online resource for advocates, people on welfare, and community groups and individuals involved in anti-poverty work. It provides up-to-date information about resources in British Columbia and Canada. PovNet links to current anti-poverty issues and also provides links to other anti-poverty organizations and resources in Canada and internationally.

Location

Vancouver, BC
Canada

Practicing Law for the Poor

Author: 
Stephen Wexler
Location: 
Canada
Date of Publication: 
1970
Where to find it: 
The Yale Law Journal V. 79, No. 6, May 1970

Wexler argues that the traditional practice of law that is taught in law schools and practiced by lawyers does not efficiently deal with the legal problems of poor people. He suggests an alternative model where the lawyer’s role consists of assisting poor people to organize to create a cooperative environment, where they can collectively solve their own legal problem under the guidance of poverty lawyers. He believes that this is beneficial because it empowers poor people and provides them with a permanent infrastructure to advance their rights in society that cannot be taken away from them by the government, or by lawyers who no longer wish to work in poverty law.

Wexler suggests that a poverty lawyer can empower his or her clients in the following ways:

  1. Informing individuals and groups of their rights: A lawyer can talk about their rights in a way that they understand.
  2. Writing manuals and other materials: A lawyer should produce materials and make the law accessible to the poor. Having a summary of laws gives them knowledge of their legal rights, which is necessary for them to engage in legal battles.
  3. Training lay advocates: If poor people are trained properly they could take on the roles of advocates and appear before tribunals and boards to solve their own problems.
  4. Educating groups for confrontation: Lawyers can prepare people for confrontation against whom the poor people have grievances.

Practicing Law for Poor People

Author: 
National Council on Welfare
Location: 
Canada
Date of Publication: 
Winter, 1995

An exhaustive analysis of the extent and quality of legal services available to low-income Canadians in each province and territory. The report points out that civil legal aid is underemphasized even though it is one of the most widely needed services, as most of the poor need help in civil law matters. They need more assistance as consumers because they are the main targets of consumer fraud, they also need help in terms of landlord disputes which are more common among low income people, and also, they may need legal assistance with regards to issues of discrimination, welfare matters, and unemployment benefits. There are also certain disadvantaged groups in society such as women, immigrants and refugees, aboriginals, the elderly and people with disabilities who desperately need such services due to the double burden they face as minorities/disabilities as well as their low income. Legal aid in this area could be used to validate the claims of such groups, and perhaps bring initiatives to strike down laws that do not respect the rights of such vulnerable groups. Also, it could help communities organize themselves into groups to defend rights and educate the poor about their legal rights, which is an important task in a democratic society.

The report concludes that the current system does not meet the needs of the poor and recommends sweeping changes.

Poverty Law: A Case Study

Author: 
Janet Mosher
Location: 
Ontario
Date of Publication: 
June, 1997

The paper examines the commonalities among poor people, including marginalization, dependence, the multidimensional and systemic nature of legal problems and impediments to seeking legal redress. It goes on to identify some of the many differences among poor people which arise out of race, gender, disability. It argues that legal aid schemes should be attentive to both the commonalities and specific needs of marginalized groups. The paper goes on to provide a brief historical overview of coverage of these areas of legal needs under the Ontario Legal Aid Plan. It then describes the clinic system in detail with particular attention to community governance and the importance of local community boards.

A Law Against Poverty: Quebec’s New Approach to Combating Poverty and Social Exclusion

Author: 
Alain Nöel
Location: 
Québec
Date of Publication: 
December 2002
Where to find it: 
Canadian Policy Research Network web site at: http://www.cprn.org/doc.cfm?doc=183&l=en

This background piece was written while the anti-poverty law (Bill 112) was before the National Assembly in Quebec in 2002. It discusses the development of anti-poverty law in Quebec and encourages debate on fighting poverty as well as pointing out the importance of community solidarity and empowerment. It highlights the activities of successive Quebec governments from 1994 to 2002 in the war on poverty and particularly focuses on Bill 112, its development, goals and the environment surrounding its creation.

History of Poverty Law in Canada

Author: 
Mary Marrone
Location: 
Canada
Date of Publication: 
2006

The premise of this paper is that a better understanding of the history of poverty law in Canada, as well as its roots in other jurisdictions, will inform discussions in the future. It is intended as a discussion paper for the development of a national network of poverty law advocates across the country, which will assist in defining the critical elements of community-based poverty law services. The paper starts with the history of poverty law services in Canada and goes on to talk about their decline, both in Canada and internationally. It then describes trends in poverty law services, and continues with a jurisdictional review of what is available across Canada.