The national shame of aboriginal incarceration

The national shame of aboriginal incarceration

The Globe & Mail

July, 20, 2011

Highlights:

"Shawn Atleo, national chief of the Assembly of First Nations, says first nations children are more likely to go to jail than to graduate from high school. Shocking indeed, but true. In its Throne Speech, the Harper government renewed its commitment to aboriginals. Yet, during the federal election campaign, there was hardly a mention by any party leader of the plight of first nations peoples and the destitute social and economic conditions in which they continue to live.

Federal correctional investigator Howard Sapers, in his 2009 report, says that the gap between aboriginal and non-aboriginal offenders continues to grow and that the rate for aboriginal incarceration in 2008 was nine times the national average. This gap will widen and these numbers will increase with the Harper government's proposed crime bill. The ugly reality is that aboriginals will be especially hard hit by this legislation."

Divorce: New Rules Begin Today

Divorce: Curbing confrontation

London Free Press

July 18, 2011

Counselling before breakup: New Ontario divorce rules start Monday
The Toronto Star
July 18, 2011

The Highlights:

"Ontario's attorney general is bringing in new regulations for couples in the province hoping to get divorced.

Every couple hoping to get a divorce through the provincial court system will have to attend an information session about alternatives to going to court, and will also be given the option to attend a mediation session paid for by the attorney general's office.

Attorney general Chris Bentley says the program will save couples time, money on lawyers and much of the emotional toll that comes with the court system.

The expanded province-wide program will cost $8 million a year."

Peace Bonds & Restraining Orders

In question-and-answer format, this resource explains the criteria for getting a peace bond or a restraining order, the difference between them, how to apply for one, the conditions the court may impose on the other person, and the consequences of disobeying the order. Note: Although this booklet was published by a New Brunswick organization, the information in it applies across Canada.

http://www.legal-info-legale.nb.ca/en/peace_bonds_restraining_orders_criminal_law

Personal Finances

Personal Finances

The section on Personal Finances on the Ministry of Consumer Resources web site offers advice to consumers on how to protect their name and gives information about consumer rights and obligations. It looks at these topics and provides links:

• Protecting Your Debit Card
• Credit - Handle With Care
• Credit Repair
• Credit Reporting
• Credit Counselling
• Loan Brokers
• Payday Loans
• Collection Agencies
• Bailiffs

Mi'kmaq Scalp Bounty -- it's waaaaaaaaaaay past time to repeal this outrage that is STILL on the books!

So, this isn't a local story, and it's not a story about poverty (per se), but I was completely astounded to hear this on CBC radio over my Sunday morning coffee, and because this blog is also about accessing justice, I hope you won't mind me writing this post.

According to the news story, the 250 year old bounty on Mi'kmaq scalps remains on the law books in Nova Scotia.

The bounty offered:

"And, we do hereby promise, by and with the advice and consent of His Majesty's Council, a reward of 30£ for every male Indian Prisoner, above the age of sixteen years, brought in alive; or for a scalp of such male Indian twenty-five pounds, and twenty-five pounds for every Indian woman or child brought in alive: Such rewards to be paid by the Officer commanding at any of His Majesty's Forts in this Province, immediately on receiving the Prisoners or Scalps above mentioned, according to the intent and meaning of this Proclamation."

This proclamation is still on the books and the Canadian government has steadfastly refused to rescind it.

From the Halifax Chronicle Herald: Like Scrooge, Halifax can control its future


From a 1999 (!?!?!?!?!?!) News Release from Assembly of Nova Scotia Mi'kmaq Chiefs : Canada must repeal scalping order against "Indians"

From a 2000 CBC News story: 200-year old scalp law still on Nova Scotia books

Here's some history: http://www.danielnpaul.com/BritishScalpProclamation-1756.html

And some more background: http://www.mediacoop.ca/blog/max-haiven/7577

Know Your Rights on CBC Radio is looking for stories

The Know Your Rights series on CBC Radio is currently looking for experiences, insight, and stories dealing with discrimination based on race, origin, or colour. Got something to say? Let them know. You could be on a future show.

http://www.cbc.ca/knowyourrights/

Your Rights When Dealing With Collection Agencies

There are many reasons people don't pay their debts — financial setback, poor repayment habits, overspending or sometimes they're just not happy with a product they bought.

Whatever the reason, it's important to communicate with the person who is owed money. When creditors understand the problem, chances are they will work out a reasonable, manageable way for the consumers to repay debts.

The Collection Agencies Act prohibits collection agencies from doing certain things.
A collection agency may not:

• Contact you until six days have passed from sending you written notice of the following:
  • The name of the creditor
  • The balance owing
  • The name of the agency and its authority to demand payment
• Continue to contact you if you did not receive the notice unless a second copy of the written notice is sent to an address provided by you, and then contact may only be made six days after sending notice.
• Contact you if you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court.
• Contact you if you and/or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer's name, address and telephone number.
• Contact you on Sunday, except between the hours of 1 p.m. and 5 p.m., and on a holiday.
• Contact you other than by ordinary mail more than three times in a seven-day period without your consent, once the agency has actually spoken with you.
• Use threatening, profane, intimidating or coercive language, or use undue, excessive or unreasonable pressure.
• Continue to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person.
• Give false or misleading information to any person.
• Recommend to a creditor that a legal action be commenced against you without first sending you notice.
• Contact your employer except on one occasion to obtain your employment information, unless your employer has guaranteed the debt, the call is in respect of a court order or wage assignment or if you have provided written authorization to contact your employer.
• Contact your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person contacted has guaranteed the debt or you have given permission for the person to be contacted.

If a collection agency has engaged in any of these prohibited practices in dealing with you, file a complaint with the Consumer Protection Branch.

Read more about this topic on the Ministry of Consumer Services website.

Joe Fontana: Pulling the plug on panhandling

An article in the June 9th London Metro: Pulling the plug on panhandling

Mayor pledges to crack down on street panhandlers

Debate stirs over usefulness of fining them

“These people need help, and you don’t do it by essentially being forced to give.”

mayor Joe Fontana

Blogger Aaron Robb recently posted about an act of compassion to a median man begging for help.

London Free Press June 8, 2011 Brakes hit on begging
SOLICITING: Charges are up against London street panhandlers, who - besides the threat of fines and even jail - risk traffic dangers.
I thought this article was interesting because the reporter went and talked to median man Brian Simpson.  The video is well worth a watch.

You know, I'm not sure about how I feel about this issue.  I listened to a news story on CBC radio, interviewing a London Police officer regarding ticketing panhandlers who beg from intersection medians.  My knee jerk reaction was to be angry that this is even a necessary part of anyone's life in a country as wealthy as Canada.  However, I felt the police officer carefully explained the risks to the both the panhandler and other drivers -- just as Aaron described in his blog, the man in the van sat through part of a green light.  If you have one or more drivers behind you anxious to get through the light, then I can see where it is an accident waiting to happen.  (I've witnessed quite a few impatient drivers in London -- heck, I married to one!).  Furthermore, I was impressed that the police officer was sensitive to the issues of poverty and homelessness, and suggested that if you wanted to help a person, then you should pull off the road safely first. 

Here's what OCAP has to say about Ontario's Safe Streets Act.

Evidence rules leave disabled Canadian girls open to sex abuse

From a Vancouver Sun article, here are the highlights:

"Canadian girls and women with disabilities are up to 10 times more likely to be sexually assaulted or exploited than other girls and women. Overwhelmingly, their attackers are the people they trust most.

During their lifetimes, research suggests, 83 per cent of women with disabilities are sexually abused; 80 per cent of female psychiatric in-patients will be physically or sexually assaulted.

Before they turn 18, 40 to 70 per cent of girls with intellectual disabilities will be sexually exploited.

In three out of four cases, the assailants are doctors, teachers, parents and caregivers, or the friends of those trusted individuals."

Click this link for the full article.

CLEO launches Services Map: Helping you find legal and community services in Ontario

CLEO is launching a Services Map, an interactive map of contact information for key legal and social service organizations across Ontario.

CLEO is launching this pilot version of our Services Map on CLEONet to gather user feedback as they work to integrate it into "Your Legal Rights". Launching in the fall of 2011, the "Your Legal Rights" website will include CLEONet's extensive collection of legal information resources, breaking news, public legal education training webinars, as well as new features, including:

• Services Map: An interactive map of contact information for key legal and social service organizations across Ontario.
• Common Questions: Questions and answers to everyday legal problems that guide users to more in-depth resources on the web site.

In the coming months CLEO will continue to contact organizations across Ontario to confirm that the information on the Services Map is correct and to gather information about services to add to the growing database.

http://www.cleonet.ca/services/

Anti-Hate Resources in London : Police-reported hate crimes up 42 per cent in 2009

The highlights:

"Because not all victims come forward to police, StatsCan said the 2009 police-reported total "likely undercuts" the true number of hate crimes that occurred across the country that year.

Statistics Canada said 54 per cent of the hate crimes reported to police in 2009 were motivated by race or ethnicity, which was more than cases in which victims were targeted because of their religion (29 per cent) or sexual orientation (13 per cent).

Four in 10 police-reported hate crimes were violent in nature, while 54 per cent involved mischief offences, such as graffiti or vandalism."

Here's a link to the full article.

LUSO Community Services offers programs to community groups, organizations and schools to address issues of racism, bullying, hate and bias activity and discrimination. 

London Police Service Youth Crime Unit are responsible for the investigation of hate-motivated crimes. These officers liaise regularly with community organizations, including the London Urban Alliance, in their efforts to eradicate hate-crime. The philosophy of the Unit has been to thoroughly investigate all reports of hate-motivated crime, with the understanding that even seemingly isolated incidents of criminal activity can have broader implications for the community at large.

Anti-Hate, Anti-Bias Hotline The Hate Helpline is a confidential service that offers support in the form of informationfi dential service that offers support in the form of information and referrals to people who have experienced or witnessed hate-motivated activity, bias, or discrimination due to factors such as gender, sexual orientation, age, ability, religion, ethnicity, family status, and race. If you or someone you know has experienced prejudice or hate, please call the Hate Helpline to make a report and/or access support.
Hate Helpline: (519) 951-1584

London’s Diversity and Race Relations Advisory Committee (LDRRAC) is dedicated to making London an inclusive, safe, and equitable community for the benefit of all community members. As a committee of individuals appointed by City Council, to provide leadership on matters related to diversity, inclusivity, equity and the elimination of discrimination in the City of London.

Spring 2011 Community Advocacy & Legal Centre newsletter now available

http://cleonet.ca/news_files/1305135331CALC-Volume_20_Number_1_May_2011.pdf

Topics include:

• Poverty reduction strategy for a poverty-free Ontario
• Poverty-free Ontario forum
• Paths to Justice
• Affordable housing update
• Applying for EI - Changes to the Record of Employment form
• Who needs a "My Service Canada" account?
• More special diet changes
• Workplace Safety & Insurance Board makes program changes
• Articling Fellowship reaps rewards for rural and remote areas
• A decade of hunger in Ontario - Profile of food bank clients
• Making our website more accessible to the Deaf community
• Clinic hosts Law Commission consultations for vulnerable workers

Divorce & Your Credit

This booklet looks at what people should do about getting their financial affairs in order before discussing divorce, what kind of information people should have about their finances, what to do about individual and joint bank accounts, and how to get credit after divorce.

 

http://cleonet.ca/resource_files/1303323832DivorceAndCredit2.pdf

Ligne de Conseils Juridiques Sommaires

Ligne de Conseils Juridiques Sommaires –
French Legal Advice Line
1 855 650-9716

May 1, 2011 marks the official opening of the French Legal Advice Line for Southwestern Ontario which is administered by the Windsor-Essex Bilingual Legal Clinic. This pilot project, funded by Legal Aid Ontario, was created to promote and enhance access to justice and French Language Services and is not intended to replace existing services. This is the fourth line of its kind in the province.

A Community Legal Worker will respond to calls via a toll free number and will offer summary legal advice to low income residents of Southwestern Ontario under the supervision of clinic lawyers. The goal is to reach underserviced areas in the counties of Essex, Kent, Lambton, Middlesex, Elgin, Oxford, Brant, Huron, Perth, Bruce and Grey.

Callers will be able to discuss their rights and responsibilities. Referrals to appropriate agencies will also be provided.

Areas of law include : Social Assistance, Ontario Disability Support Program, Ontario Works, Canada Pension Plan, Employment rights, Immigration, Housing (Tenants Rights) and Human Rights. Consultations are private and confidential.

The three other Legal Advice lines already established are:

1) Le Centre communautaire de Vanier for Eastern Ontario ;

2) La Clinique juridique communautaire de Sudbury for Northern Ontario and certain central regions including Barrie, Parry Sound, regions of Muskoka and Kawartha Lakes;

3) Le Centre francophone de Toronto for the Greater Toronto Area (GTA).

For more information on our service, please call 1 855 650-9716. We look forward to serving you in French!

Take Action! Oppose the proposed “Conditional Permanent Residence” for sponsored spouses

Canadian Council for Refugees

Citizenship and Immigration Canada published on March 26, 2011 a notice proposing that some sponsored spouses have only “conditional” permanent residence for two years or more.

Citizenship and ImmigrationCanada (CIC) is asking for comments on their proposal. They must be submitted by Monday April 25^th. The CCR encourages organizations  to comment on this proposed change, which would be a big step backwards in Canadian immigration policy, and would be detrimental to the equality, safety and protection in particular of women and children.

Take action!

• Send your comments on the notice to Citizenship and Immigration Canada by Monday April 25^th (to Justine Akman, mailto:justine.akman%40cic.gc.ca – see details at http://bit.ly/fIhvWx) 
• Make the concerns known in the public and through the media.
• Contact the CCR if you would like to discuss developing a joint strategy to oppose this proposal (for example a joint statement signed by many organizations?).  Email marisa@ccrweb.ca.

Take a look at the election questions while you're on the CCR website.

Public Legal Education Webinars

http://www.cleonet.ca/training/most_viewed_webinars

I'm amazed by the number and variety of webinars available for viewing at CLEO! There is something on this list for everyone:

• Accessibility for Ontarians with Disabilities Act Standards
• Bill 168 Harassment and Violence in the Workplace
• Cell Phone Contracts
• Child Custody and Protection
• Collection Agencies
• Consumer Reporting and Credit Reporting
• Criminal Injuries Compensation Board
• Door-to-Door Sales
• Elder Abuse
• Employment Rights
• Energy Re-billing
• Fired or Laid Off?
• Forced to Quit?
• Health Care Consent
• Health Care Consent and Advance Care Planning
• Human Rights in Your Workplace
• Identity Theft: An Overview
• Identity Theft: Assisting Victims
• Investment and Saving for ODSP Recipients
• Legal Aid Ontario
• Motor Vehicle Dealers Act
• Motor Vehicle Repairs
• ODSP Disability Determination and Application
• OW and ODSP Applications and Appeals
• OW and ODSP Rights and Benefits Overview
• Pay Day Loans Act
• Pre-Paid Services
• Private Career Colleges Act
• Reporting Peer to Peer Violence in Schools
• Residential Tenancies Act: The Basics
• Sexual Assault and Harassment
• Social Media
• Social Media for Clinics (Northern Regional Training)
• Substitute Decision Making ABCs
• Substitute Decision-Making Authorities and Powers of Attorney
• Workplace Safety and Insurance Board Basics

Legal Aid Ontario launches free online information program for Ontario families

Legal Aid Ontario (LAO) has launched a free online program that will help Ontarians deal with some of the problems that arise when a relationship breaks down.

The Family Law Information Program, (FLIP) available on LAO’s website, describes the practical and legal issues that former spouses might face. It uses both audio and text, in easy-to-understand language, to guide Ontarians through legal definitions, information on legal representation, dispute resolution, and the family court process. Given the often emotionally charged nature of family law disputes, the program also includes sections on the effects of relationship breakdowns, and information on parenting after separation.

FLIP provides legal and practical information such as:

• child custody
• support payments
• property settlements
• shared parenting

The program also addresses the emotional issues than can result from the breakdown of a relationship.

FLIP uses both audio and text in simple, clear language to guide Ontarians through:

• legal definitions
• information on legal representation
• dispute resolution
• the family court process
• and more.

Here's the link!

Tenant Tip Sheets

Advocacy Centre for Tenants Ontario (ACTO) has a very long list of tip sheets (about 30 of them?) on their website to assist and educate tenants. Topics range from Illegal Eviction to Your Hearing at the Landlord and Tenant Board.

YourLaw YouTube videos

The Law Society of Upper Canada now has their own YouTube channel!
http://www.youtube.com/user/YourLawSeries

There are currently six videos designed to help the people of Ontario to understand how a lawyer can assist them with legal issues in their daily lives.

• YourLaw - Paralegals
• YourLaw - Personal Injury
• YourLaw - Custody & Child Support
• YourLaw - Real Estate
• YourLaw - Family Law: Spousal support & Property
• YourLaw - Wills & Estates

Legal Aid is an essential public service

A just society must provide its citizenry – young and old, rich and poor – access to the courts and other tribunals so that they can resolve the legal issues that confront them.  The right to go to court to have one’s rights defined and vindicated is a basic right …. Providing legal aid to low-income Canadians is an essential public service.  We need to think of it in the same way we think of health care or education.  The well-being of our justice system – and the public’s confidence in it – depends on it.
Beverley McLachlin
Rt. Hon. Chief Justice of the Supreme Court of Canada

Legal Aid Service in London

1. Legal Aid certificates are available to low income individuals for a variety of legal problems including: criminal matters (only where a jail term is probably), some contested family law matters, immigration and fefugee hearings, hearings before the Consent and Capacity Board, and some appeals to the Social Benefits Tribunal. Legal Aid Ontario

Legal Aid Ontario office
171 Queen'sAve, Suite 601
London
519-433-8179
Monday to Friday 9am-3pm

satellite office
Ontario Court of Justice
2nd floor
80 Dundas Street
Tues-Wed-Thurs 9am-noon
LAO will only meet with people at their satellite office who are charged with a ciminal offence AND have a court date that day.

2. Duty Counsel Program

Lawyers (duty counsel) are available for on-the-spot advice and representation for people attending at Criminal Court Duty counsel will not represent you at trial, but may represent you if you wish to enter a plea of guilty, depending on the seriousness of the charge.

Duty Counsel office
Ontario Court of Justice
2nd Floor
80 Dundas Street
Mon-Fri 9:30 to 4pm

Family Law Information Centre (FLIC)
Ontario Court of Justice
Main Floor
80 Dundas Street
Mon-Fri 9am - 3pm

Landlord and Tenant Board (LTB)
150 Dufferin Ave
4th Floor

3. Neighbourhood Legal Services (NLS)
151 Dundas Street
Suite 507
519-438-2890
Mon, Tue, Thurs, Fri - 9am-5pm
Wed 9am-noon

NLS deals primarily with matters in the areas of ODSP, EI, OW, CPP, and human rights.

4. Community Legal Services (CLS)
Room 120
Faculty of Law
University of Western Ontario
519-661-3352

Mon-Fri 9am-4:30pm

New clients are not accepted between semesters.  CLS provides assistace for criminal law (cases where a jail sentence is not likely) Small Claims over $2000, and other matters.

5. Lawyer Referral Service
1-800-268-8326
will assist you in finding a lawyer. When you call the LRS, we will provide you with the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options.  The Law Society's Lawyer Referral Service (LRS)