CBA Poverty Law Section Appeals to British Columbia Attorney General Wally Oppal
The Canadian Bar Association’s Poverty Law Section (of which two BCPIAC lawyers, Sarah Khan and Pat MacDonald, are members) has written a letter inviting the Honourable BC Attorney General Wally Oppal to discuss meaningful legal representation for poverty law issues.
Information brochure on the new Safe Streets Act
BCPIAC, in collaboration with the BC Civil Liberties Association and the Legal Services Society, recently produced an information brochure and poster on the new provincial Safe Streets Act. The brochure will be widely distributed through community and advocacy groups and is intended to inform the public of their rights under the new law.
All three organizations feel it is important for the public to be well aware of the limitations of the Act. The brochure advises the public that panhandling is legal except when done in an aggressive manner or in particular locations. The brochure sets out the legal definitions of terms used in the Act and gives helpful examples of what is punishable under the law. Numerous suggestions are also provided in the brochure on various resources available for those affected by the Safe Streets Act.
CBA launches constitutional challenge against cuts to legal aid
BCPIAC to assist in showing the ‘real’ impacts of cuts to legal aid in CBA case
BCPIAC is representing a number of anti-poverty groups in applying for intervenor status in the CBA’s challenge to the lack of civil legal aid in BC.
These groups have seen the direct impact of cuts to legal aid on the well-being of their clients, and intend to demonstrate to the court the difficulties faced by their already marginalized clients in attempting to navigate the legal system without proper representation.
BCPIAC is pleased to be involved in this ground-breaking case, particularly in light of our own experience in attempting to challenge BC’s legal aid system.
Over the past few years BCPIAC has represented four clients who have been denied state-funded counsel in complex civil legal matters against the provincial government. In all four cases BC PIAC applied for state-funded counsel but before the matters could be heard by the court in three cases, the government dropped their claims, rendering the issue of state-funded counsel moot. In the fourth case the client died.
The CBA is taking this case forward as “representative” of all Canadians denied civil legal aid. The participation of anti-poverty groups will ensure individual experiences are still heard.
Advocates meet with Minister of Human Resources Susan Brice
On April 11, 2005 a number of BC advocates sat down with then Minister of Human Resources, Susan Brice to discuss issues canvassed in BCPIAC’s Complaint to the Ombudsman. The Minister agreed to discuss issues that were outside the jurisdiction of the Ombudsman’s office.
Advocates brought to the Minister’s attention a number of systemic issues affecting the ability of clients to obtain adequate services, including: lack of accessibility; accountability and overly restrictive barriers to eligibility.
The Minister was informed of the difficulties experienced by clients in accessing the system due to widespread closures of community law offices and ministry offices. Advocates strongly criticized several other Ministry policies including: requiring a three week work search prior to receiving assistance, and the eligibility requirement that clients have had some attachment to the work force for two consecutive years.
Ms. Brice pointed out that she was at the end of her mandate and any formal response to these issues would have to wait until a new Minister was appointed. BCPIAC will post an update on our website when a meeting with the new Minister has been arranged.
Advocates present at the meeting included: Joanne Neubauer, Action Committee of People with Disabilities, Victoria; Sonia Marion, AIDS Vancouver; Jane Dyson and Robin Loxton, BC Coalition of People with Disabilities; Sarah Khan and Margot Young, BC Public Interest Advocacy Centre; Nicky Dunlop, Downtown Eastside Residents Association, Vancouver; Susan Henry, First United Church, Vancouver; Stephanie Smith, Kettle Friendship Society, Vancouver; Doug Kellam, Mental Health Empowerment Advocate Program, Vancouver; Tish Lakes, Nelson Advocacy Centre; Sian Thomson, North Island Advocacy Coalition Society; Penny Goldsmith, Povnet; Christina Davidson, formerly with MOSAIC.
Positive changes made to policies on repayment of benefits
Last year BCPIAC filed a judicial review of a decision of the Ministry of Employment and Income Assistance (then Ministry of Human Resources) on behalf of two women who were led to believe they had to sign repayment agreements for disability benefits, on the grounds that they were in “dependency relationships”. The women signed repayment agreements totalling thousands of dollars, were given three month sanctions, and were denied their right to appeal.
Shortly after filing the judicial review, BCPIAC requested that the Ministry reinstate both women’s benefits, which the Ministry agreed to. Over the following months, the Ministry acknowledged that the allegations of dependency relationships were unfounded and subsequently cancelled both repayment agreements due to the fact that they were signed under duress. The Ministry also admitted that their method of calculating overpayments was incorrect and the women should have been informed of their rights to appeal.
The reinstatement of benefits for BCPIAC’s clients was a great outcome, however, a further victory came when the Ministry made significant policy changes to the Employment and Assistance Manual regarding treatment of individuals alleged to have received overpayments.
The changes undoubtedly represent a step in the right direction, however, we are concerned that these changes are policy changes rather than changes to the legislation. Advocates consistently point out that it is far more difficult to hold the Ministry accountable to policy than it is to force them to uphold the law. We have asked the Ministry to make legislative changes and will continue to monitor the effect of the policy changes already made.
BCPIAC set to make further submissions to Ombudsman
Earlier this year, BCPIAC filed a judicial review of a decision of the Ministry of Employment and Income Assistance (then Ministry of Human Resources) and the Employment and Assistance Appeals Tribunal on behalf of a client who had his benefits reduced after the Ministry decided he was no longer a “person with persistent multiple barriers to employment” (PPMB). BCPIAC also represented the British Columbia Coalition of People with Disabilities as a co-petitioner in the action.
Just weeks after filing the judicial review, the Ministry reinstated our client’s PPMB status. Although this is a positive outcome for the individual client, BCCPD remains concerned that Ministry policy has not changed and others will endure the same treatment.
In particular, BCCPD is concerned that the Ministry will continue to deny PPMB status based on a client’s failure to take action to ‘overcome barriers’, without communicating to the individual that any action is required or what action will fulfill the request. Additionally, BCCPD is concerned that the Ministry will continue to make unreasonable requests in regard to extra medical documentation, where a doctor’s assessment as to the individual’s medical condition and ability to work should be sufficient.
In light of these important concerns, BCPIAC plans to make a submission to the Ombudsman on the circumstances of this case.
Anti-poverty groups take complaints of administrative unfairness at the Ministry of Employment and Income Assistance to the Ombudsman