Access to Justice Fund 2017 Report

Transcription

1 Access to Justice Fund 2017 Report

2 About The Law Foundation of Ontario Established by statute in 1974, The Law Foundation of Ontario is the sole foundation in Ontario with the mandate of improving access to justice. Through granting and collaboration, the Foundation invests in knowledge and services that help people understand the law and use it to improve their lives. 2 Access to Justice Fund 2017 Report The Law Foundation of Ontario

3 Overview The Law Foundation of Ontario (the Foundation) has a special fund called the Access to Justice Fund (ATJF) that receives cy-près awards. The ATJF supports grants to nonprofits to improve access to justice. Since 2010, the Foundation has made more than 185 grants for over $20.4 million from the ATJF. These grants have had a profound impact on access to justice in Ontario and nationally. We are providing you this report to tell you about that impact. lawfoundation.on.ca 3

4 Making a difference With more than 185 grants to date, the ATJF helps meet the public s legal needs through public legal education, supports in navigating the legal process, pro bono and other legal services, and concrete research to support improvements to the justice system. Because of the ATJF, people received credible and accessible legal education and information that helped them identify that they have a legal problem and the road to a solution. They used innovative new websites providing step-by-step advice to face their legal problems and attended workshops that gave them the information they needed. People received better legal information and referrals from community workers, such as settlement workers and shelter workers, who are often the first resource that people go to when facing a problem. Because of the ATJF, people were connected to supports when navigating the legal process. These supports included phone help lines that gave them answers to their questions, in-person guidance from navigators located in courthouses providing legal information, and coordinated legal and social service assistance. Because of the ATJF, people received advice and representation from lawyers and law students who were often donating their time and expertise to provide direct pro bono services to the public. These pro bono services helped self-represented litigants at the courthouse in both civil and family cases, sponsorship groups applying to assist refugees from Syria, and the wrongfully convicted. Staff, including articling students, provided services at community legal clinics in various parts of the country. 4 Access to Justice Fund 2017 Report The Law Foundation of Ontario

5 The ATJF grants supported research to help the justice sector understand the public s legal needs and propose concrete and specific improvements. This research focussed on emerging areas, such as the needs of self-represented litigants, limited scope retainers in family law, reasonable and timely bail for youth in Ontario, and solutions for cross-over youth, meaning youth involved in the child protection and criminal justice system. Helping everyone Help was provided to diverse groups, such as children and youth, Indigenous people, refugees, racialized groups, linguistic minorities, rural residents, and those who have experienced family violence. For example, grants helped Indigenous people experiencing violence, involved with the child protection or criminal justice systems, discriminated against in housing or employment, and facing environmental problems in their community, such as a contaminated water supply. Indigenous youth participated in justice education programs in their schools to increase their knowledge of their legal rights and understanding of the justice system. lawfoundation.on.ca 5

6 Four stories To illustrate the ATJF s impact we want to tell you the story of four grants. We could tell you over 180 more. Helping unrepresented family law litigants While estimates vary, there is no question that there are a large number of self-represented litigants in family courts who need help. For example, in Ontario, the majority of individuals are self-represented at the time of filing. Many now receive help from Pro Bono Student Canada s (PBSC) national Family Law Project. Through this project, law students, under appropriate supervision by lawyers, provide legal information and assist clients with document preparation - through help lines, at clinics, and often at the courthouse itself. The PBSC Family Law Project started in 1997 at a provincial family law court in Toronto. Law students volunteered their time to help people fill out their paperwork and navigate the court processes. From this small pilot, the project has grown into a multi-award winning national initiative. Thanks in part to a grant of over $250,000 from the ATJF, the Family Law Project has expanded to 14 cities across Canada. In , PBSC provided family law assistance to over 2,000 clients coast to coast. At some point in our lives, many of us will need to deal with separation or divorce, child custody arrangements, or a protection order. The stakes are high, the court processes may 6 Access to Justice Fund 2017 Report The Law Foundation of Ontario

7 appear daunting, and many Canadians do not have full legal representation, notes Alison Symington, Acting PBSC National Director. PBSC s Family Law Project provides practical help to individuals in such situations. As one law student, Jin Tan, a PBSC Family Law Project Coordinator, said about his participation in this project: Pro bono is a way for me to apply what I m learning in school. I want to see how it works in real life because I know there s a gap between how law works in books and how law works for everyday individuals. Speaking of a specific PBSC court-based program, run in co-operation with Legal Aid Ontario, he said: I worked one day to get an ex parte in front of the judge because the client s daughter had been taken by the former partner. I was surprised to see the client back the next day. I was worried something went wrong. But, she said, I just wanted you to know that because of what you did, I got my daughter back. I was very proud of that. lawfoundation.on.ca 7

8 Addressing the overrepresentation of Indigenous people in the criminal justice system Indigenous people are overrepresented in the criminal justice and prison systems. While less than 4% of Canada s population is Indigenous, 23% of the federal inmate population is Indigenous. The incarceration rate for Indigenous adults in Canada is estimated to be 10 times higher than the incarceration rate of non-indigenous adults. Women are more overrepresented than men. Indigenous offenders tend to be younger than their non-indigenous counterparts. 1 The ATJF has supported a suite of grants aimed at addressing the over-incarceration of Indigenous people, including: Grand Council Treaty #3 providing public legal education targeted at youth and their families about the criminal justice system in over 28 communities A website about fetal alcohol syndrome (FASD) aimed at justice sector professionals, family, and community supports Support for the introduction of medical information about FASD into Gladue reports and analysis on the impact on sentencing outcomes Legal education about wrongful convictions and on the particular vulnerabilities of Indigenous and racialized communities A legal advocate providing advice and assistance to Indigenous prisoners in British Columbia 1 Office of Correctional Investigator, Government of Canada. 8 Access to Justice Fund 2017 Report The Law Foundation of Ontario

9 Legal research on health services provided to Indigenous prisoners while incarcerated Several projects on the use of restorative justice processes, including research to support the development of a rehabilitation-oriented court for Nunavut In one grant, the Elizabeth Fry Society of Ottawa hired a peer support worker, who was Indigenous, to provide a range of supports to women, especially Indigenous women, who had been imprisoned and were released under supervision or were at risk of criminalization. These supports included information on Gladue reports, avoiding lawfoundation.on.ca 9

10 breach of bail conditions, and avoiding breach of release conditions. Women were accompanied to parole and probation hearings. Connections were made to relevant addiction, trauma and abuse, housing, food, and income assistance services. The Indigenous peer support worker provided help at community locations and cellblocks in courthouses and prisons. Culturally appropriate Indigenous programming was provided to women, including presentations from the Odawa Native Friendship Centre, Minwaashin Lodge, and the All Nations Drummers. Clients were accompanied to celebratory events including Pow- Wows, Family Day, and Aboriginal Day events in the community to assist women in re-connecting to their culture post-incarceration. Over the course of the first ATJF grant, 758 clients were served: 250 in group and individual sessions; 44 in institutions; and 464 at courthouse releases and cellblocks. Because the majority of clients were served at courthouse releases and in cellblocks, not all women served were Indigenous. However, more tailored and intensive programming as described above was provided to those who were. Client survey results indicate extremely positive outcomes in supporting Indigenous women through individual and group counselling and support to avoid re-incarceration, integration into the community, and ongoing support while in jail, says Ann McSweeney, Executive Director of the Elizabeth Fry Society of Ottawa. Women refer to our support as not a hand out but a hand up thanks to the funding received from the Law Foundation. When the ATJF received further cy-près awards, we were able to fund the Indigenous peer support worker for a further two years. We look forward to the results of this work. 10 Access to Justice Fund 2017 Report The Law Foundation of Ontario

11 Supporting those who have experienced family violence According to Statistics Canada, more than 6% of married, common law, same sex, separated, and divorced female spouses in Ontario report experiencing physical and/or sexual assault by a spousal partner. The risk of a women being killed by a spouse increases after separating from a marriage. 2 Women who have experienced domestic violence can face unique challenges when they are involved in the family court process. Luke s Place is a centre located in Durham, Ontario devoted to improving the safety and experience of abused women and their children as they proceed through the family law process. With a legal director at the helm, the centre provides summary legal advice to women using pro bono lawyers, form drafting assistance, navigation and emotional supports, and legal information workshops. Clients of the pro bono advice clinic have said: I think Luke s Place is a blessing to this community, especially for women like me who can feel hopeless at times. I didn t like what I was told but she [the pro bono lawyer] was honest and to the point. The lawyer gave me the... information I needed and much more that boosted my confidence. 2 Statistics Canada, Family Violence in Canada (2011) Canada. lawfoundation.on.ca 11

12 Thanks to the ATJF, 800 women received enhanced clinic services. Over 300 women received pro bono services and 375 women received information through public legal education and workshops. The enhanced legal services, including the pro bono clinic at Luke s Place, has had an undeniably positive impact on women and children in our community who may have otherwise fallen through the cracks, says Lindsay McKay, Luke s Place Legal Services Director. The women who use the services are leaving abusive relationships and do not qualify for legal aid certificates, yet do not have the means to retain their own lawyer. Without the enhanced legal services and pro bono clinic the women and children served would have to navigate the stressful and complex family court system with limited to no access to timely legal advice, emotional support, and community resources. 12 Access to Justice Fund 2017 Report The Law Foundation of Ontario

13 A legal clinic for individual investors Investing can be complex, even for those with a high level of financial literacy. More and more people are facing the financial pressure to invest in the market not to get rich but just to be able to afford their retirement or pay for their child s education. The connection between investor rights and access to justice may not be immediately apparent but, in fact, there is a significant gap in knowledge, protection, and access to services for investors in Canada, especially for vulnerable investors. Responding to a condition in a cy-près award, the ATJF made eight grants in the area of investor rights. One of these eight grants is to create the first legal clinic of its kind in Canada. The clinic will provide individual investors with free assistance when they believe they have suffered a loss as a result of unsuitable investment advice, fraud, or other wrongdoing. This project is a joint project of Osgoode Hall Law School and FAIR Canada, an organization whose mandate is to be a voice for investors. Leveraging the power of pro bono lawyers and law students, it will help retail investors navigate the complex regulatory systems that oversee securities, banking, and insurance products to help investors submit complaints, report harm, and make claims to recover losses. Osgoode Hall Law School Professor Poonam Puri, who is overseeing this clinic, observes: Investors who have experienced harm often do not know where to turn for information and advice and there are few services available to them. With this clinic, law students, with appropriate supervision, lawfoundation.on.ca 13

14 will assist investors with their real life problems. They will develop specialized skills, advanced knowledge of investor recovery mechanisms, and identify gaps in the current regulatory framework. This grant will allow us to provide much needed services and to develop a sustainable model for a law school to help investors. Marion Passmore, Director of Policy and Chief Operating Officer at Fair Canada, adds: We are excited to have a living lab where data will be collected and published on the type of complaints that Ontarians have regarding their investments, regardless of which regulatory silo it falls within whether it be insurance, securities, or a banking investment. While we have profiled four grants, a complete list of ATJF grants to date can be found at 14 Access to Justice Fund 2017 Report The Law Foundation of Ontario

15 Appropriate recipient ATJF grantmaking is currently ongoing. When the existing cy-près awards are spent, ATJF grantmaking will end. Its activities will continue only if further cy-près awards are received. The ATJF is an appropriate recipient of cy-près awards. Making a cy-près award to the ATJF: Fulfills the underlying objectives of class actions, which are a vehicle to improve access to justice Uses cy-près awards in a manner that has been approved by the courts Allows for tailored cy-près awards Contributes to a recognized fund that provides access to justice grants across the country by working with funders and grantees in each province Entrusts funds to The Law Foundation of Ontario, a wellrespected and mature grantmaking organization with a long history of transparency, accountability, and sound financial management The ATJF has received 16 cy-près awards. For a complete list, please visit The Law Foundation of Ontario website at Where a cy-près award has a specific condition on its use, for example, that it should be used for investor rights, the Foundation will fulfill the condition. lawfoundation.on.ca 15

16 National grantmaking The ATJF is a national fund that makes grants across the country. This has set the stage for new and exciting opportunities for collaboration. The Foundation works closely with the law foundations in each province and territory and has struck a national ATJF Consultation Group, which includes representatives from the private bar and the judiciary. The input from the law foundations and the Consultation Group has been invaluable and facilitates high quality grantmaking across the country. It ensures that the grants take into account the geographical distribution of the plaintiffs in a class action as well as respond to the unique conditions in each part of the country. 16 Access to Justice Fund 2017 Report The Law Foundation of Ontario

17 Accountability of both the Foundation and its grantees The Foundation is committed to the transparent and accountable administration of the cy-près awards made to the ATJF. The Law Foundation of Ontario, which administers the ATJF, is the only Ontario foundation with a primary focus on access to justice. It has over 40 years of experience in making grants to nonprofits in this area. The Foundation was created by statute in 1974 and is governed by a five member Board of Trustees. The Law Society appoints three trustees. The Attorney General of Ontario appoints the other two. Trustees are independent from the bodies that appoint them. The Foundation s main source of revenue is the interest from lawyers and paralegals mixed trust accounts. This revenue is highly variable due to changes in trust balances and interest rates. The ATJF has been an extraordinary opportunity to improve access to justice at a time when other revenue sources are tightly constrained, largely because of low interest rates on trust accounts. The Foundation provides oversight on each grant s financial management and activities. Each grant has a payment schedule and payments are released only upon the receipt of satisfactory activity and financial reporting by the grantees. The Foundation provides an annual report to the Legislative Assembly of Ontario each year with its audited financial statements and list of grants made. The ATJF grants are listed separately in the lawfoundation.on.ca 17

18 annual report and contain the name of the grantee organization, the name of the project funded, and the amount of the grant awarded. In addition, the Foundation describes its work on the ATJF on its website and includes a list of grants there. If you are considering directing a cy-près award to The Law Foundation of Ontario and have questions, please contact: Tanya Lee, Chief Executive Officer tlee@lawfoundation.on.ca Access to Justice Fund 2017 Report The Law Foundation of Ontario

19 Conclusion Through the ATJF, the class action community has made a significant contribution to access to justice both in Ontario and nationally. The ATJF remains open to receive cy-près awards, when appropriate, so that this work can continue. lawfoundation.on.ca 19

20 The Law Foundation of Ontario 20 Queen Street West, Suite 3002, Box No. 19, Toronto, ON M5H 3R3