Clicklaw Wikibooks - User contributions [en]

How Do I Find Court Forms?

2015-11-04T22:34:52Z

Janet Freeman: /* Family Forms (Supreme & Provincial) */

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==What are court forms?==
Court forms are official court documents that you have to use when you bring a dispute to court. If you are not sure which form to use, you may want to speak with a lawyer. See the section of this guide [[Where Can I Find Help with My Legal Problem? | Where can I find help with my legal problem?]].

==Where can I find court forms?==

Clicklaw’s [http://www.clicklaw.bc.ca/content/lawscases quicklinks to online laws, cases and rules] includes links to the forms for all levels of court. You can search these forms by name, or by number.

==Court forms: clarifying your question==
Do you have specific information about the form you need? For example: “The registry said I need Form F51 for Supreme Court Family.” In this case, go directly to the Supreme Court Family [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm court forms] page to find the one you need.

Or do you have a question that requires the help of other sources? For example: “I need child support forms.” In this instance, you may need to find some additional information from a source such as the [http://www.familylaw.lss.bc.ca/resources/fact_sheets/child_support.php Family Law in BC child support] page to explain different kinds of forms and procedures. In some cases, there are examples of completed forms online such as [[Supreme_Court_Forms_(Family_Law) | JP Boyd on Family Law, Supreme Court Forms]].

The Clicklaw website will help you find resources to help you understand which forms you use in each level of court, for example [http://www.clicklaw.bc.ca/global/search?f=Courts+%26+tribunals%7c1121&so=v going to small claims court].

==What if I have limited information?==

===If you have the form number:===

The form number helps determine which level of court it is from since each level of court numbers forms in different ways:

{| class="wikitable" style="width: 40%" border="1"
|-
| style="width: 40%" | '''Level of Court''' || style="width: 60%"| '''Form Number'''
|-
| Small Claims Forms ||SCR or COEA followed by the #:
|-
| Provincial Court Family Forms ||Often PCFR followed by the #:
|-
| Supreme Court Family Forms ||F followed by the #:
|-
| Supreme Court Civil Forms ||Just the #:
|}

===If you know the level of court:===

Click on the appropriate court forms link and you can look through the alphabetical list. If you still cannot find the form, you may need to look at secondary resources such as summaries or guides that focus on the legal problem you are dealing with. See the section in this guide [[Secondary Resources and How to Find Them | Secondary resources and how to find them]].

===If you know the form name:===

Look through the alphabetical list of forms for a few different levels of court. Sometimes different levels of court have forms with the same name. For example, if you are looking for a Requisition, you will need to know the level of court since nearly every level of court has a Requisition form.

===If you know the level of court but even after searching do not have the form name or form number:===

You may need to find an Affidavit (sworn written statement) form. However, nearly every level of court has an Affidavit form, and some have more than one type of Affidavit form, such as an Affidavit in Support to Waive Fees. If you do not know the level of court or the form number, you may need to look at secondary resources to figure out what the correct form is. See the section in this guide [[Secondary Resources and How to Find Them | Secondary resources and how to find them]].

===If you are just getting started and/or you do not know which forms you need:===
If you cannot find the form you’re looking for or if you are just getting started, you’ll need to look at secondary resources that focus on the legal problem you are dealing with. See the section in this guide [[Secondary Resources and How to Find Them | Secondary resources and how to find them]]. You may also wish to consult with one of the legal advice services described in section [[Where Can I Find Help with My Legal Problem? | Where can I find help with my legal problem?]].

Clicklaw has common questions and links to guides that provide information about the forms required for certain legal procedures:
*[http://www.clicklaw.bc.ca/question/commonquestion/1006 Our marriage is over; do we have to go to court?]
*[http://www.clicklaw.bc.ca/question/commonquestion/1112 I’m applying for probate; where can I find the forms required?]
*[http://www.clicklaw.bc.ca/question/commonquestion/1144 Varying support orders].

==Court forms: examples/guides==
Staff at [http://www.courthouselibrary.ca/clientservices/howwecanhelp.aspx Courthouse Libraries BC] can help you find resources to find forms, but cannot help clients fill in court forms.

However, there are a number of guides and examples that may help with filling in court forms. Some of the most used resources include the following:

===Affidavits===
All levels of court in BC use affidavits. The following resources can help you get started:
*[http://www.clicklaw.bc.ca/resource/1505 A Guide to Preparing Your Affidavit]. Explains the purpose and requirements of an affidavit and gives examples and places to go for further help.
*[http://wiki.clicklaw.bc.ca/index.php/How_Do_I_Prepare_an_Affidavit%3F How Do I Prepare an Affidavit?] Gives tips and explanations of affidavits and how to tell your story.
*[http://www.clicklaw.bc.ca/resource/2752 Tips for drafting an affidavit]. Provides information for how to fill out a family law affidavit.

===Family Forms (Supreme & Provincial)===
*The [http://wiki.clicklaw.bc.ca/index.php/JP_Boyd_on_Family_Law Clicklaw wikibook JP Boyd on Family Law] has clearly laid out pages linking to blank and completed example family court forms. From the home page, scroll down to the ''Court Forms & Documents'' section.
*[http://www.clicklaw.bc.ca/resource/1773 Family Law in BC Court Forms] page includes descriptions of how each form is used.
*[http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=27b0d6ec-fe53-607b-975f-ff0000fad974 How Do I Draft a Final Order in an Undefended Divorce?] A short guide on one of the most common divorce forms.

===Small Claims Forms===

*[http://www.clicklaw.bc.ca/resource/1686 Small claims court forms] are available online from the provincial government. The forms are in a PDF format that you can fill out and print.
*[http://www.clicklaw.bc.ca/resource/1688 The Small Claims Court Filing Assistant] is designed to help you complete small claims court forms online.

===Civil Forms===

*[http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm Supreme Court of BC Civil Court Forms]. Civil forms are available online from the provincial government. The forms are in a PDF format that you can fill out and print.
*[http://opac.courthouselibrary.ca/Catalogues/CatView.aspx?id=5440&noAuthRedir=1 Evin Ross’ Guide to Civil Litigation]. This is a helpful print resource that provides detailed instructions about forms and procedures. It is available at branches of Courthouse Libraries BC, and some public libraries.

===Court of Appeal Forms===
The [http://clicklaw.bc.ca/resource/2601 Court of Appeal BC Online Help Guide] website has guides for people who are appealing civil/family and criminal matters.

===Probate Forms===

*[http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_probate.htm Supreme Court Probate Forms]. The Probate forms are available in PDF format to download, fill out and print.
*[http://opac.courthouselibrary.ca/Catalogues/CatView.aspx?ReturnUrl=http%3a%2f%2fopac.courthouselibrary.ca%2fCatalogues%2fResults.aspx Evin Ross Guide to Wills and Estates] contains a breakdown of each of the forms and other useful probate and estate information.

==What if you are having technical trouble filling in your form?==
Filling in the PDF version of the forms can be quite tricky and frustrating. The Ministry of Justice site has a [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/HowToForms.pdf guide for tips on how to use the forms]. However, if you are still having trouble with the online forms, contact one of the services listed in the section [[Where Can I Find Help with My Legal Problem? | Where can I find help with my legal problem?]]

The PDF forms are subject to several web browser restrictions. The Supreme Court has the following guidelines for making sure the forms function properly on your computer:

*Adobe Reader Required - You will require the latest version of Adobe Reader in order to use the forms. If you need to update your Reader software, please ensure you remove the old version of Reader before installing the new one. You may also want to be sure that your computer is not starting Adobe Acrobat instead of Reader when opening the forms and check your computer settings to make sure the CSB Smart Forms website is added as a trusted site.

*Google Chrome and Firefox Users - If you are using Google Chrome or Firefox as your browser you will need to do a onetime configuration on your browser before using the forms. You can find the steps for configuring your browser [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/ConfiguringFireFoxGoogleChrome.pdf here].

*Apple and Mac Users - Currently, the forms are not compatible with Apple products, including Mac computers, iPads, etc. If you are using a Mac computer, you can download the desired document form the website by following the instructions [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/ConfiguringMacComputers.pdf here].

You can also use the forms by saving them to your hard drive. To do this, right click on the form you wish to use and save it to your computer.

{{REVIEWED | reviewer = [[Courthouse Libraries BC]] staff, October 2015}}

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I've Been Turned Down for Employment Insurance Benefits

2014-11-13T18:51:38Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

== First steps ==

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal, to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

== What happens next ==

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-22T17:03:12Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

== First steps ==

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

== What happens next ==

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-22T16:41:21Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 70%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

:* Be sure to read chapter 5, How to Appeal in [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance'']. It tells you what steps to take and what to expect.

:* Get help from an advocate. (See the listing for PovNet in the Resource List of this Guide for contact and website information for welfare advocates in your area.)

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal in Your Welfare Rights. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for ''First Step: Reconsideration'' in How to Appeal in Your Welfare Rights. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 70%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, ''you may be limited to the information you used'' in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use Your Welfare Rights. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:

:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-21T18:25:18Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 70%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

:* Be sure to read chapter 5, How to Appeal in [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance'']. It tells you what steps to take and what to expect.

:* Get help from an advocate. [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] has an online tool called [http://www.povnet.org/find-an-advocate Find An Advocate]. Use it to find a welfare advocate near you.

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal in Your Welfare Rights. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for ''First Step: Reconsideration'' in How to Appeal in Your Welfare Rights. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 70%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, ''you may be limited to the information you used'' in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use Your Welfare Rights. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:

:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-20T17:40:59Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 60%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

:* Be sure to read chapter 5, How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. It tells you what steps to take and what to expect.

:* Get help from an advocate. [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] has an online tool called [http://www.povnet.org/find-an-advocate Find An Advocate]. Use it to find a welfare advocate near you.

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for ''First Step: Reconsideration'' (in How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights)]. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 60%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, ''you may be limited to the information you used'' in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights]. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:

:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-20T17:40:02Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 60%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

:* Be sure to read chapter 5, How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. It tells you what steps to take and what to expect.

:* Get help from an advocate. [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] has an online tool called [http://www.povnet.org/find-an-advocate Find An Advocate]. Use it to find a welfare advocate near you.

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for ''First Step: Reconsideration'' (in How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights)]. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 60%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, ''you may be limited to the information you used'' in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights]. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:

:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-20T17:38:37Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

== First steps ==

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

== What happens next ==

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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My Husband Sponsored Me and We Have Now Separated

2014-10-20T17:34:26Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
:* whether you are a permanent resident, and
:* whether your status is ''conditional''.

If you are a permanent resident, and your status is is '''not conditional''', immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is '''conditional''':
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused you''', you can apply for full permanent resident status without the two-year waiting period. See a lawyer as soon as possible. Look at '''Where to get help'''. You will need to gather documents to prove the abuse.

'''You do not have to remain in an abusive situation.''' See [http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Information for sponsored spouse or partners.]

'''How do I know if my permanent resident status is ''conditional'''''?

Permanent resident status is ''conditional'' if:
:* your sponsorship was filed after October 25, 2012, and
:* at the time of your sponsorship application, you and your spouse did not have a child together, and
:* you had not been married or in a marriage-like relationship for at least two years.

If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

'''What if I'm not a permanent resident?'''

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

== First steps ==
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer, apply for legal aid. See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#*Pay for a lawyer or immigration consultant.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle."
}}

==Where to get help==

See the [http://wiki.clicklaw.bc.ca/index.php/Resource_List_for_Legal_Help_for_British_Columbians Resource List] in this guide for a list of helpful resources. Your best bets are:
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]

{{REVIEWED | reviewer = [[Rochelle Appleby]], April 2014}}

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I'm a Permanent Resident and Have Been Charged with a Criminal Offence

2014-10-20T16:41:18Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}When someone who is not a Canadian citizen is charged with a criminal offence, immigration officials will be notified.

You could lose your permanent resident status and you could be deported to your country of origin if you are convicted of a serious crime.

A crime is serious if:
:*the maximum sentence you could get is 10 or more years in prison (even if you get a shorter sentence), or
:*the sentence that you do get is more than six months in prison.

{{Tipsbox
| width = 70%
| tips = If you are a permanent resident, it is a good idea to apply for Canadian citizenship as soon as you meet the requirements. Once you become a citizen you cannot be removed from Canada no matter how serious the criminal conviction.

If you are not a permanent resident and you are charged with a crime, get legal advice as soon as you can. See '''Where to get help'''.
}}

== First steps ==
#It is very important to see a lawyer who has experience in criminal law and immigration law. If you cannot afford to hire a lawyer, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about how to apply for legal aid. To get legal aid you must be financially eligible and there must be a risk of jail or deportation if you are convicted of the charge.
#If you are detained because of the criminal charge, contact criminal duty counsel. If you are detained because of immigration proceedings, contact immigration duty counsel. See [[Duty Counsel|duty counsel]] in the Resource List for more information.

==What happens next==

#You will have to deal with the criminal charge in court. See [http://wiki.clicklaw.bc.ca/index.php/I%27ve_been_charged_with_a_criminal_%28or_youth%29_offence_and_have_to_go_to_court I've been charged with a criminal (or youth) offence] for information.
#If you plead guilty or are convicted at trial, the Immigration and Refugee Board may hold an ''admissibility hearing'' to decide if you can remain in Canada. See [http://www.clicklaw.bc.ca/resource/2121 Admissibility Hearings] for information about what can happen.
#If the admissibility hearing results in a ''removal order'', you may be able to appeal the order to the Immigration Appeal Division. But if your sentence is for more than two years, you lose your right to appeal.

:For information about the appeal process see:

:[http://www.clicklaw.bc.ca/resource/2119 Immigration and Refugee Board of Canada: Immigration and Refugee Appeals]

:[http://www.clicklaw.bc.ca/resource/2120 Information Guide: General Procedures of all appeals to the Immigration Appeal Division]

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this guide for a list of helpful resources. Your best bets are:
:* [[Legal Aid Representation|Legal aid representation]], to see if you can get legal aid.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
:* The ''Law Students' Legal Advice Program Manual'' chapter on [http://www.clicklaw.bc.ca/resource/1738 Immigration Law].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Be sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

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I Want to Claim Refugee Status in Canada

2014-10-15T23:15:36Z

Janet Freeman:

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#* Pay for a lawyer or immigration consultant.
# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents.
# If you are already in Canada, go to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. Go to the reception counter and explain that you want to make a refugee claim. Staff will ask you to fill out immigration forms and provide identity documents.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after the Board decides you are eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. You can also use the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

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I Want to Claim Refugee Status in Canada

2014-10-15T23:03:26Z

Janet Freeman:

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:

::* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
::* If you do not qualify for legal aid, contact an immigrant settlement agency.
::* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
::* Pay for a lawyer or immigration consultant.

# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents.
# If you are already in Canada, go to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. Go to the reception counter and explain that you want to make a refugee claim. Staff will ask you to fill out immigration forms and provide identity documents.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after the Board decides you are eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. You can also use the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-15T22:20:20Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 60%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

:* Be sure to read chapter 5, How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. It tells you what steps to take and what to expect.

:* Get help from an advocate. [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] has an online tool called [http://www.povnet.org/find-an-advocate Find An Advocate]. Use it to find a welfare advocate near you.

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf in Your Welfare Rights]. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for ''First Step: Reconsideration'' (in How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights)]. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 60%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, ''you may be limited to the information you used'' in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights]. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:

:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I Have Been Denied or Cut off Welfare

2014-10-15T21:59:54Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits disability benefits].

You can ask for a reconsideration of the ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.

{{Tipsbox
| width = 90%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Social Innovation. People who live on an Indian reserve get welfare through the Indian band or tribal council. The process is roughly the same on and off reserve.

If you live on an Indian reserve, call the band office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits, and tell you what to do if you want to appeal a decision.
}}

== First steps ==

'''Before you get started:'''

# Be sure to read chapter 5, How to Appeal in Your Welfare Rights. It tells you what steps to take and what to expect.

# Get help from an advocate. PovNet has an online tool called Find An Advocate. Use it to find a welfare advocate near you.

'''To start the process:'''

Follow the steps in chapter 5, How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights]. In that chapter, look at the section called ''First Step: Reconsideration.''

In summary, here is how you begin:

* You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
* You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
* Follow the tips and information for ''First Step: Reconsideration'' (in How to Appeal in [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights)]. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. Also be sure to attach any evidence the Ministry used to make their decision.

{{Tipsbox
| width = 90%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, you may be limited to the information you used in your original Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}

'''What happens next'''

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to an ''Appeal Tribunal''.

If you don’t agree with the reconsideration decision, use [http://resources.lss.bc.ca/pdfs/pubs/Your-Welfare-Rights-eng.pdf Your Welfare Rights]. In the chapter on ''How to Appeal'' follow the steps under ''Second Step: the Appeal Tribunal Hearing''.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''Your Welfare Rights: A Guide to BC Employment and Assistance''] and [http://www.clicklaw.bc.ca/resource/1964 ''Social Assistance on Reserve in British Columbia''].
*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals
*[[PovNet]], for their "[http://www.povnet.org/find-an-advocate Find An Advocate]" feature for welfare advocates near you.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]". Clicklaw has many common questions on the topic pensions, benefits & welfare.

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-15T21:48:44Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-15T21:47:30Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T21:44:53Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''. (a good legal reason)

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Jim Sayre]], August 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:55:43Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

:* You were '''fired for''' ''just cause''.

:* You quit '''without''' ''just cause''.

:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
:* has refused you benefits
:* says you have to repay benefits
:* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

:* your appeal goes forward, or

:* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

:* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:54:32Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:53:55Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

* :'''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:52:55Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:52:33Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.

# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:46:25Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' As of April 1, 2013, all appeals for Employment Insurance must be submitted to a new Social Security Tribunal (SST). The Government of Canada's website provides a [http://www.canada.gc.ca/sst-tss/hta-cij/hta-cij-eng.html summary of the new appeal process]. 
| smalltext =
}}If you are unemployed, and have worked the required number of hours during the ''qualifying period'' before losing your job, you may be entitled to Employment Insurance (EI) benefits.

The number of hours required to be entitled to EI benefits depends on the type of benefits you are seeking, your employment history, and the unemployment rate in the region where you live. Whatever the number of hours required, they must have been worked in your qualifying period, which is usually the year before you apply.

If you have quit your job without just cause or were fired for misconduct, you will usually be disqualified from receiving any regular EI benefits. If you are not available for work (which includes actively looking for a job), you can be disentitled until you become available. And if you make false statements to EI, you can be required to repay any benefits you shouldn't have received, and you may also have to pay EI a penalty for having acted dishonestly.

''All such decisions are appealable.'' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal within 30 days of receiving the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. They cannot change the law, however.

Some decisions cannot be appealed to the Social Security Tribunal, such as decisions about how many hours you worked, or whether your job was insured under the EI system. Such "insurability" questions must be appealed within 90 days to the Canada Revenue Agency (CRA), with a further appeal to the Minister of National Revenue and the Tax Court.

''If you feel that EI has treated you unfairly, the best advice is simple: APPEAL!'' It's free, and it's the only chance you have to receive the benefits you feel you deserve.

{{Tipsbox
| width = 90%
| tips = Choosing the right type of appeal can be tricky. Some "insurability" questions, such as whether your job was insured under the EI system, must be appealed to the Canada Revenue Agency (CRA) rather than the Social Security Tribunal. If in doubt about the right type of appeal to file, seek legal advice.
}}

== First steps ==

#Complete a written [http://www.canada.gc.ca/sst-tss/hta-cij/eigendiv-divgenae-eng.html Notice of Appeal to the Social Security Tribunal General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure that you include all the information that is required on the form.
#Submit the appeal form or letter to the SST by mail or fax within 30 days after receiving EI's decision. It is best to attach a copy of the decision you are appealing.

== What happens next ==

After your appeal has been filed, the Social Security Tribunal will send you a copy of your EI file, which contains all the information EI used to make its decisions on your application. A Social Security Tribunal member will review EI’s file as well as your appeal form and any information you have provided, and decide if your appeal should go forward. If it is dismissed, the Tribunal member will send you the decision in writing.

If your appeal goes forward, the Tribunal member will determine if a decision will be made on the record or if a hearing will take place. A decision on the record means the Tribunal member will decide based on the material filed. If a hearing will take place, the Tribunal will contact you to schedule the hearing. You can present your own case or you can arrange for someone such as a lawyer or an advocate or a friend to help you.

Following the hearing, the Tribunal member will issue a decision and send you a copy.

If you disagree with the decision made by the General Division, you can appeal to the second level of appeal at the Social Security Tribunal, the Appeal Division. You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to summarily dismiss your appeal. Your appeal must be filed within 30 days of receiving the General Division’s decision.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."
*Le Mouvement Action-Chômage de Montréal's "[http://www.macmtl.qc.ca/Conseils_pratiques/en.htm Unemployment Insurance Benefits Practical Guide & Tips]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:44:02Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
 
Employment Insurance (EI) may give one of these reasons for turning you down:

* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.

# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

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I've Been Turned Down for Employment Insurance Benefits

2014-10-15T18:43:35Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}{{ambox
 
Employment Insurance (EI) may give one of these reasons for turning you down:

* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.

* You were '''fired for''' ''just cause''.

* You quit '''without''' ''just cause''.

* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.

* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.

'''You can appeal any of these decisions'''

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty

You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law.

If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. See '''Where to get help'''.

'''First steps'''

If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:

# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.

# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.

'''What happens next'''

After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

* your appeal goes forward, or

* your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, '''If you disagree with the Tribunal’s decision'''.

'''If your appeal goes forward'''

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.

* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.

* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

'''If you disagree with the Tribunal’s decision'''

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.

The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].
*[[PovNet]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Community Legal Assistance Society]].
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}

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I Am the Executor or Administrator of an Estate

2014-04-30T21:04:24Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' Extensive changes to the law in BC relating to estates came into force on March 31, 2014. The Ministry of Justice provides answers to [http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/qa.htm common questions on the new law], called the ''Wills, Estates and Succession Act'' (WESA).
| smalltext =
}}
If a person dies with a will, they normally appoint an ''executor'' to pay their debts and protect and distribute their property.

If a person dies ''intestate'' (without a will), someone — usually a family member — has to apply to be the ''administrator'' of the estate. This administrator then distributes the estate to the next-of-kin according to rules in the ''Wills, Estates and Succession Act''.

== First steps ==
#If you are the executor of a will or likely to be the administrator of an estate, the only step usually required before the funeral is to make sure the deceased’s property is safe and secure.
#Locate the deceased's will.
#Notify creditors and others (e.g., utilities) of the death.

{{Tipsbox
| width = 90%
| tips = The law about estates is somewhat different if the deceased was a registered Indian ordinarily resident on an Indian reserve at the time of his or her death. Administration is handled through Aboriginal Affairs and Northern Development Canada. An AANDC Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977.}}

== What happens next ==
If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there is no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for a ''grant of administration''. The person to whom administration is granted is called the administrator.

To apply for a grant of probate or letters of administration with will annexed, the person applying must give notice of the proposed application to the beneficiaries, the will-maker’s spouse and children, and certain other family members. Someone applying for administration must give notice to those entitled to a share in the estate and to creditors who are owed $10,000 or more. In some cases, a person applying for a grant must also give notice to other persons, such as a minor's guardian.

Certain affidavits must be completed and filed in court, together with the originally-signed version of the will. If the original will cannot be found, in some circumstances a copy may be probated. The affidavits will include an inventory of the assets and the debts of the person who died.

Once a grant of probate or administration has been issued by the Supreme Court of BC, the executor or administrator will have full authority to deal with the estate assets. He or she must pay the debts of the person who died. He or she must also file tax returns in respect of that person, and apply for a clearance certificate from Canada Revenue Agency. He or she then distributes the estate to the beneficiaries.

There is a waiting period before the executor or administrator can distribute the estate. He or she must not distribute the estate until 210 days following the date of issue of the grant, unless all beneficiaries and intestate successors consent to earlier distribution or there is a court order approving earlier distribution.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1003 I am the executor of my mother's will and am doing the work myself]," "[http://www.clicklaw.bc.ca/question/commonquestion/1112 I'm applying for probate; where can I find the forms required?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for further resources.

The [http://www.self-counsel.com/ca/ Self-Counsel Press] also has excellent publications on administering estates, including the ''British Columbia Probate Kit''. This publication is available at most bookstores and most Service BC (Government Agent) offices.

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Stan Rule]], April 2014}}

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I Want to Write a Will

2014-04-30T21:03:15Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' Extensive changes to the law in BC relating to wills came into force on March 31, 2014. The Ministry of Justice provides answers to [http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/qa.htm common questions on the new law], called the ''Wills, Estates and Succession Act'' (WESA).
| smalltext =
}}
A will is a legal document that takes effect upon your death. The main purpose of a will is to say who will get your property (land and personal possessions) when you die. If you are the sole guardian of a child or children, a will can be used to name a new guardian at the time of your death.

A will should also appoint an executor — a person who will ensure your debts are paid, your property is protected and your wishes are carried out.

== First steps ==
#Make a list of your property (land, vehicles and other possessions).
#Decide who you want as an executor of the will. You should also consider naming an alternate in case your first choice is unable to act as executor or complete the job.
#Speak to a lawyer or get a self-help guide. A good one is the ''Write Your Legal Will in 3 Easy Steps'' from the Self-Counsel Press. It is available at most Service BC (Government Agent) offices and many bookstores and public libraries. The People's Law School has an excellent online booklet, "[http://www.clicklaw.bc.ca/resource/1020 Writing Your Will]".

{{Tipsbox
| width = 75%
| tips = The law about wills and estates can be quite complicated, so it is always best to get advice from a lawyer or notary about your will. However, if you can’t get advice from a lawyer, it is better to write a will using a self-help guide than to not have a will at all.
}}

== What happens next ==
Your will needs to be witnessed by two or more persons who are age 19 or older. You should not have your will witnessed by a person you are giving a gift to under it, or his or her spouse. (Ordinarily, a gift to a witness or his or her spouse is invalid, in which case the person you intend to benefit will lose the gift.) You must sign your will at its end in front of the witnesses, who must be present at the same time. The witnesses must also sign your will as witnesses in front of you and in front of each other.

You need to store the original in a place where it will be safe. It is a good idea to let your executor know where you will be storing your will. You may also wish to give your executor a copy of it.

Finally, you should file a [http://www.vs.gov.bc.ca/forms/vsa531_fill.pdf Wills Notice] with the BC Vital Statistics Agency. The form can be picked up at most Service BC (Government Agent) offices or completed online at [http://www.vs.gov.bc.ca/forms/ Vital Statistics Agency Application Forms]; scroll down to "Wills" and click on "Application for Filing a Wills Notice." The fee is $17. When you die, your executor is required to do a search for any wills notices in the Vital Statistics Registry.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Vital Statistics Agency]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/2515 Writing Your Own Will: A Guide for First Nations People Living On Reserve]" and the Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for additional resources about wills for Aboriginal people.
* Clicklaw for more resources under the common question "[http://clicklaw.bc.ca/question/commonquestion/1147 How do I make a will?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 90%
| tips = The law about wills is somewhat different if you are a registered Indian ordinarily resident on an Indian reserve. You can write a ''holographic will'' (one that does not require witnesses); however this will may not be legal if you do not reside on reserve at the time of your death. There are also restrictions under the ''Indian Act'' about to whom you can leave your land on reserve. The procedure for probating a will or administering an estate is also different. An Aboriginal Affairs and Northern Development Canada Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977.
}}

{{REVIEWED | reviewer = [[Stan Rule]], April 2014}}

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{{Creative Commons for Legal Help Guide}}

I Am the Executor or Administrator of an Estate

2014-04-30T19:36:25Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' Extensive changes to the law in BC relating to estates came into force on March 31, 2014. The Ministry of Justice provides answers to [http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/qa.htm common questions on the new law], called the ''Wills, Estates and Succession Act'' (WESA).
| smalltext =
}}
If a person dies with a will, they normally appoint an ''executor'' to pay their debts and protect and distribute their property.

If a person dies ''intestate'' (without a will), someone — usually a family member — has to apply to be the ''administrator'' of the estate. This administrator then distributes the estate to the next-of-kin according to rules in the ''Wills, Estates and Succession Act''.

== First steps ==
#If you are the executor of a will or likely to be the administrator of an estate, the only step usually required before the funeral is to make sure the deceased’s property is safe and secure.
#Locate the deceased's will.
#Notify creditors and others (e.g., utilities) of the death.

{{Tipsbox
| width = 90%
| tips = The law about estates is somewhat different if the deceased was a registered Indian ordinarily resident on an Indian reserve at the time of his or her death. Administration is handled through Aboriginal Affairs and Northern Development Canada. An AANDC Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977.}}

== What happens next ==
If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there is no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for a ''grant of administration''. The person to whom administration is granted is called the administrator.

To apply for a grant of probate or letters of administration with will annexed, the person applying must give notice of the proposed application to the beneficiaries, the will-maker’s spouse and children, and certain other family members. Someone applying for administration must give notice to those entitled to a share in the estate and to creditors who are owed $10,000 or more. In some cases, a person applying for a grant must also give notice to other persons, such as a minor's guardian.

Certain affidavits must be completed and filed in court, together with the originally-signed version of the will. If the original will cannot be found, in some circumstances a copy may be probated. The affidavits will include an inventory of the assets and the debts of the person who died.

Once a grant of probate or administration has been issued by the Supreme Court of BC, the executor or administrator will have full authority to deal with the estate assets. He or she must pay the debts of the person who died. He or she must also file tax returns in respect of that person, and apply for a clearance certificate from Canada Revenue Agency. He or she then distributes the estate to the beneficiaries.

There is a waiting period before the executor or administrator can distribute the estate. He or she must not distribute the estate until 210 days following the date of issue of the grant, unless all beneficiaries and intestate successors consent to earlier distribution or there is a court order approving earlier distribution.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1003 I am the executor of my mother's will and am doing the work myself]," "[http://www.clicklaw.bc.ca/question/commonquestion/1112 I'm applying for probate; where can I find the forms required?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for further resources.

The [http://www.self-counsel.com/ca/ Self-Counsel Press] also has excellent publications on administering estates, including the ''British Columbia Probate Kit''. This publication is available at most bookstores and most Service BC (Government Agent) offices.

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Drew Jackson]], April 2014}}

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I Want to Write a Will

2014-04-30T18:38:03Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' Extensive changes to the law in BC relating to wills came into force on March 31, 2014. The Ministry of Justice provides answers to [http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/qa.htm common questions on the new law], called the ''Wills, Estates and Succession Act'' (WESA).
| smalltext =
}}
A will is a legal document that takes effect upon your death. The main purpose of a will is to say who will get your property (land and personal possessions) when you die. If you are the sole guardian of a child or children, a will can be used to name a new guardian at the time of your death.

A will should also appoint an executor — a person who will ensure your debts are paid, your property is protected and your wishes are carried out.

== First steps ==
#Make a list of your property (land, vehicles and other possessions).
#Decide who you want as an executor of the will. You should also consider naming an alternate in case your first choice is unable to act as executor or complete the job.
#Speak to a lawyer or get a self-help guide. A good one is the ''Write Your Legal Will in 3 Easy Steps'' from the Self-Counsel Press. It is available at most Service BC (Government Agent) offices and many bookstores and public libraries. The People's Law School has an excellent online booklet, "[http://www.clicklaw.bc.ca/resource/1020 Writing Your Will]".

{{Tipsbox
| width = 75%
| tips = The law about wills and estates can be quite complicated, so it is always best to get advice from a lawyer or notary about your will. However, if you can’t get advice from a lawyer, it is better to write a will using a self-help guide than to not have a will at all.
}}

== What happens next ==
Your will needs to be witnessed by two or more persons who are age 19 or older. You should not have your will witnessed by a person you are giving a gift to under it, or his or her spouse. (Ordinarily, a gift to a witness or his or her spouse is invalid, in which case the person you intend to benefit will lose the gift.) You must sign your will at its end in front of the witnesses, who must be present at the same time. The witnesses must also sign your will as witnesses in front of you and in front of each other.

You need to store the original in a place where it will be safe. It is a good idea to let your executor know where you will be storing your will. You may also wish to give your executor a copy of it.

Finally, you should file a [http://www.vs.gov.bc.ca/forms/vsa531_fill.pdf Wills Notice] with the BC Vital Statistics Agency. The form can be picked up at most Service BC (Government Agent) offices or completed online at [http://www.vs.gov.bc.ca/forms/ Vital Statistics Agency Application Forms]; scroll down to "Wills" and click on "Application for Filing a Wills Notice." The fee is $17. When you die, your executor is required to do a search for any wills notices in the Vital Statistics Registry.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Vital Statistics Agency]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/2515 Writing Your Own Will: A Guide for First Nations People Living On Reserve]" and the Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for additional resources about wills for Aboriginal people.
* Clicklaw for more resources under the common question "[http://clicklaw.bc.ca/question/commonquestion/1147 How do I make a will?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 90%
| tips = The law about wills is somewhat different if you are a registered Indian ordinarily resident on an Indian reserve. You can write a ''holographic will'' (one that does not require witnesses); however this will may not be legal if you do not reside on reserve at the time of your death. There are also restrictions under the ''Indian Act'' about to whom you can leave your land on reserve. The procedure for probating a will or administering an estate is also different. An Aboriginal Affairs and Northern Development Canada Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977.
}}

{{REVIEWED | reviewer = [[Drew Jackson]], April 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2014-04-15T22:34:01Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}Canadian citizens and permanent residents who live in Canada can apply to ''sponsor'' (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:
* whether you are a permanent resident, and
* whether that status is ''conditional''.

If you are a permanent resident, and your status is is not conditional, immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is conditional, you must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.

Permanent resident status is ''conditional'' if:
* your sponsorship application was filed after October 25, 2012, and
* at the time of your sponsorship application, you and your spouse did not have a child together, and
* you had not been married or in a marriage-like relationship for at least two years.
If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

If you are not a permanent resident and want to remain in Canada, you may either:
*apply for ''refugee status'' (see the section "[[I want to claim refugee status in Canada]]"), or
*apply for permanent resident status based on ''humanitarian and compassionate'' considerations.

== First steps ==
#You should try to get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer on your own, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and settlement agencies, or try the [[WelcomeBC Settlement Services Map]].
#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglect. You should try to get help from a lawyer.
#If you have a child, you should also obtain legal advice regarding the custody of your child. See "[[I just separated from the other parent of my children |I just separated from the other parent of my children]]" in this Guide.
#If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the section "[[I want to claim refugee status in Canada]]."
#If you were sponsored by your husband and the sponsorship application is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal advice. Your sponsorship application may be converted by Citizenship and Immigration Canada to an application to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C application.

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle." Obtaining income assistance may have a negative impact on an H&C application.
}}

==What happens next if you file an H&C application==

When you complete an H&C application, you must show Citizenship and Immigration Canada that you can become established in Canada on your own or that your removal to your country will cause you or your children unusual or undeserved hardship. It is important to provide information concerning the strength of your connections to Canada, the impact leaving Canada will have on you and your children, how you have supported yourself in Canada, whether you were the victim of domestic violence, and the hardship you will face if returned to your home country. It is very helpful to obtain letters of support and other documents to support your application.

H&C applications take a long time to process, typically between one and half and two years.

If your application is denied, you may be removed from Canada. Prior to removal you may receive an application for a Pre-Removal Risk Assessment (PRRA). At this stage Canada Border Services Agency will consider whether you are at risk of torture, death or persecution if removed from Canada.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

==Where to get help==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], April 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2014-03-24T16:55:50Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}Canadian citizens and permanent residents who live in Canada can apply to ''sponsor'' (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:
* whether you are a permanent resident, and
* whether that status is ''conditional''.

If you are a permanent resident, and your status is is not conditional, immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is conditional, you must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.

Permanent resident status is ''conditional'' if:
* your sponsorship application was filed after October 25, 2012, and
* at the time of your sponsorship application, you and your spouse did not have a child together, and
* you had not been married or in a marriage-like relationship for at least two years.
If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

If you are not a permanent resident and want to remain in Canada, you may either:
*apply for ''refugee status'' (see the section "[[I want to claim refugee status in Canada]]"), or
*apply for permanent resident status based on ''humanitarian and compassionate'' considerations.

== First steps ==
#You should try to get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer on your own, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and settlement agencies, or try the [[WelcomeBC Settlement Services Map]].
#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglect. You should try to get help from a lawyer.
#If you have a child, you should also obtain legal advice regarding the custody of your child. See "[[I just separated from the other parent of my children |I just separated from the other parent of my children]]" in this Guide.
#If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the section "[[I want to claim refugee status in Canada]]."
#If you were sponsored by your husband and the sponsorship application is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal advice. Your sponsorship application may be converted by Citizenship and Immigration Canada to an application to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C application.

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle." Obtaining income assistance may have a negative impact on an H&C application.
}}

==What happens next==

When you complete an H&C application, you must show Citizenship and Immigration Canada that you can become established in Canada on your own or that your removal to your country will cause you or your children unusual or undeserved hardship. It is important to provide information concerning the strength of your connections to Canada, the impact leaving Canada will have on you and your children, how you have supported yourself in Canada, whether you were the victim of domestic violence, and the hardship you will face if returned to your home country. It is very helpful to obtain letters of support and other documents to support your application.

H&C applications take a long time to process, typically between one and half and two years.

If your application is denied, you may be removed from Canada. Prior to removal you may receive an application for a Pre-Removal Risk Assessment (PRRA). At this stage Canada Border Services Agency will consider whether you are at risk of torture, death or persecution if removed from Canada.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

==Where to get help==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2014-03-20T22:34:59Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}Canadian citizens and permanent residents who live in Canada can apply to ''sponsor'' (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:
* whether you are a permanent resident, and
* whether that status is ''conditional''.

If you are a permanent resident, and your status is is not conditional, immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is conditional, you must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.

Permanent resident status is ''conditional'' if:
* your sponsorship application was filed after October 25, 2012, and
* at the time of your sponsorship application, you and your spouse did not have a child together, and
* you had not been married or in a marriage-like relationship for at least two years.
If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

If you are not a permanent resident and want to remain in Canada, you may either:
apply for refugee status (see the section "I want to claim refugee status in Canada"), or
apply for permanent resident status based on humanitarian and compassionate considerations.

If you are not a permanent resident and want to remain in Canada, you may either:
*apply for ''refugee status'' (see the section "[[I want to claim refugee status in Canada]]"), or
*apply for permanent resident status based on ''humanitarian and compassionate'' considerations.

== First steps ==
#You should try to get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer on your own, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and settlement agencies, or try the [[WelcomeBC Settlement Services Map]].
#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglect. You should try to get help from a lawyer.
#If you have a child, you should also obtain legal advice regarding the custody of your child. See "[[I just separated from the other parent of my children |I just separated from the other parent of my children]]" in this Guide.
#If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the section "[[I want to claim refugee status in Canada]]."
#If you were sponsored by your husband and the sponsorship application is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal advice. Your sponsorship application may be converted by Citizenship and Immigration Canada to an application to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C application.

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle." Obtaining income assistance may have a negative impact on an H&C application.
}}

==What happens next==

When you complete an H&C application, you must show Citizenship and Immigration Canada that you can become established in Canada on your own or that your removal to your country will cause you or your children unusual or undeserved hardship. It is important to provide information concerning the strength of your connections to Canada, the impact leaving Canada will have on you and your children, how you have supported yourself in Canada, whether you were the victim of domestic violence, and the hardship you will face if returned to your home country. It is very helpful to obtain letters of support and other documents to support your application.

H&C applications take a long time to process, typically between one and half and two years.

If your application is denied, you may be removed from Canada. Prior to removal you may receive an application for a Pre-Removal Risk Assessment (PRRA). At this stage Canada Border Services Agency will consider whether you are at risk of torture, death or persecution if removed from Canada.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

==Where to get help==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2014-03-20T22:33:41Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}Canadian citizens and permanent residents who live in Canada can apply to ''sponsor'' (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:
* whether you are a permanent resident, and
* whether that status is "conditional".

If you are a permanent resident, and your status is is not conditional, immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is conditional, you must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.

Permanent resident status is ''conditional'' if:
* your sponsorship application was filed after October 25, 2012, and
* at the time of your sponsorship application, you and your spouse did not have a child together, and
* you had not been married or in a marriage-like relationship for at least two years.
If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

If you are not a permanent resident and want to remain in Canada, you may either:
apply for refugee status (see the section "I want to claim refugee status in Canada"), or
apply for permanent resident status based on humanitarian and compassionate considerations.

If you are not a permanent resident and want to remain in Canada, you may either:
*apply for ''refugee status'' (see the section "[[I want to claim refugee status in Canada]]"), or
*apply for permanent resident status based on ''humanitarian and compassionate'' considerations.

== First steps ==
#You should try to get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer on your own, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and settlement agencies, or try the [[WelcomeBC Settlement Services Map]].
#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglect. You should try to get help from a lawyer.
#If you have a child, you should also obtain legal advice regarding the custody of your child. See "[[I just separated from the other parent of my children |I just separated from the other parent of my children]]" in this Guide.
#If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the section "[[I want to claim refugee status in Canada]]."
#If you were sponsored by your husband and the sponsorship application is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal advice. Your sponsorship application may be converted by Citizenship and Immigration Canada to an application to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C application.

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle." Obtaining income assistance may have a negative impact on an H&C application.
}}

==What happens next==

When you complete an H&C application, you must show Citizenship and Immigration Canada that you can become established in Canada on your own or that your removal to your country will cause you or your children unusual or undeserved hardship. It is important to provide information concerning the strength of your connections to Canada, the impact leaving Canada will have on you and your children, how you have supported yourself in Canada, whether you were the victim of domestic violence, and the hardship you will face if returned to your home country. It is very helpful to obtain letters of support and other documents to support your application.

H&C applications take a long time to process, typically between one and half and two years.

If your application is denied, you may be removed from Canada. Prior to removal you may receive an application for a Pre-Removal Risk Assessment (PRRA). At this stage Canada Border Services Agency will consider whether you are at risk of torture, death or persecution if removed from Canada.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

==Where to get help==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I Want to Write a Will

2014-02-05T17:53:37Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}
{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| text = '''Alert:''' Extensive changes to the law in BC relating to wills are coming into force on March 31, 2014. The Ministry of Justice provides answers to [http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/qa.htm common questions on the new law], called the ''Wills, Estates and Succession Act'' (WESA).
| smalltext =
}}
A will is a legal document that takes effect upon your death. The main purpose of a will is to say who will get your property (land and personal possessions) when you die. If you are the sole guardian of a child or children, a will can be used to name a new guardian at the time of your death.

A will should also appoint an executor — a person who will ensure your debts are paid, your property is protected and your wishes are carried out.

== First steps ==
#Make a list of your property (land, vehicles and other possessions).
#Decide who you want as an executor of the will. You should also consider naming an alternate in case your first choice is unable to act as executor or complete the job.
#Speak to a lawyer or get a self-help guide. A good one is the ''Write Your Legal Will in 3 Easy Steps'' from the Self-Counsel Press. It is available at most Service BC (Government Agent) offices and many bookstores and public libraries. The People's Law School has an excellent online booklet, "[http://www.clicklaw.bc.ca/resource/1020 Writing Your Will]".

{{Tipsbox
| width = 75%
| tips = The law about wills and estates can be quite complicated, so it is always best to get advice from a lawyer or notary about your will. However, if you can’t get advice from a lawyer, it is better to write a will using a self-help guide than to not have a will at all.
}}

== What happens next ==
Your will needs to be witnessed by two adults who are neither beneficiaries nor spouses of beneficiaries of your will. You must sign your will at its end in front of two witnesses, who must be present at the same time. The witnesses must also sign your will as witnesses in front of you and in front of each other.

You need to store the original in a place where it will be safe. It is a good idea to let your executor know where you will be storing your will. You may also wish to give your executor a copy of it.

Finally, you should file a [http://www.vs.gov.bc.ca/forms/vsa531_fill.pdf Wills Notice] with the BC Vital Statistics Agency. The form can be picked up at most Service BC (Government Agent) offices or completed online at [http://www.vs.gov.bc.ca/forms/ Vital Statistics Agency Application Forms]; scroll down to "Wills" and click on "Application for Filing a Wills Notice." The fee is $17. When you die, your executor is required to do a search for any wills notices in the Vital Statistics Registry.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Vital Statistics Agency]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/2515 Writing Your Own Will: A Guide for First Nations People Living On Reserve]" and the Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for additional resources about wills for Aboriginal people.
* Clicklaw for more resources under the common question "[http://clicklaw.bc.ca/question/commonquestion/1147 How do I make a will?]"

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 90%
| tips = The law about wills is somewhat different if you are a registered Indian ordinarily resident on an Indian reserve. You can write a ''holographic will'' (one that does not require witnesses); however this will may not be legal if you do not reside on reserve at the time of your death. There are also restrictions under the ''Indian Act'' about to whom you can leave your land on reserve. The procedure for probating a will or administering an estate is also different. An Aboriginal Affairs and Northern Development Canada Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977.
}}

{{REVIEWED | reviewer = [[Stan Rule]], February 2013}}

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Clicklaw Wikibooks

2013-06-05T23:24:02Z

Janet Freeman:

[[Clicklaw Wikibooks]] are collaboratively developed, plain language legal publications that are born-wiki and can also be printed.

Clicklaw Wikibooks are provided as part of the Clicklaw program operated by [[Courthouse Libraries BC]] to help the public in British Columbia find and use legal information. The main [http://www.clicklaw.bc.ca Clicklaw] website offers a single window into legal information for the public from dozens of organizations in BC.

==Try out our Clicklaw Wikibooks==

{| style="font-size:85%; border: 1px;"
|[[File:jpboydcover.png|x200px|link=JP Boyd on Family Law]] <div class="center">''[[JP Boyd on Family Law]]'' John-Paul Boyd & others New!</div> || [[File:legalhelpguidecover.png|x200px|link=Legal Help for British Columbians]] <div class="center">''[[Legal Help for British Columbians]]'' Cliff Thorstenson & others Updated May 2013</div> || [[File:Consumerlawiki.JPG|x200px|link=Consumer Law Wikibook]] <div class="center">''[[Consumer Law Wikibook]]'' People's Law School New!</div> || [[File:deathinyourfamilycover.png|x200px|link=A Death in Your Family]] <div class="center">''[[A Death in Your Family]]'' People's Law School New!</div>
|}

==How do I use Clicklaw Wikibooks?==
Browse a selection of [[Clicklaw Wikibooks Guides]] about how to use this website. Guides are written for users, contributors and editors, and wiki administrators, as well as generally for copyright questions, and how to print or export Clicklaw Wikibooks.

==What are Clicklaw Wikibooks?==
Clicklaw Wikibooks provide legal information for the public in British Columbia in a way that is:
*highly accessible ''both'' online and in print,
*accurate and up-to-date, and
*affordable to produce.

Clicklaw Wikibooks are an attempt to solve two central challenges in publishing legal information:
#'''Law is constantly evolving:''' Legal information, to be helpful, has to be current with updates in the law. It can be cumbersome and time consuming to keep a legal publication up-to-date using the traditional book publishing model — that is, updating a word processing or page layout file; emailing versions back and forth between author, editor and reviewer; and sending a printable PDF off to the printer.
#'''Formats are multiplying:''' Most legal publications are still optimized for printing, which typically compromises other formats (the web, ebooks, mobile), even as they grow in importance. The way many legal publications are produced is to format for printing, then create a PDF of the printed version, and put the PDF on the Internet. The resulting PDFs aren't easy to navigate around, to view on the screen, or to find for that matter.

Clicklaw Wikibooks try to solve these problems:
*They can be updated over the Internet, by multiple contributors. The wiki platform has a robust version history and comparison feature, and changes made are instantly available to readers.
*They offer a highly accessible online experience. As the wiki version is powered by the open source software [http://www.mediawiki.org MediaWiki], the software that powers the hugely popular Wikipedia, it offers a familiar, easy-to-read experience for anyone who has used Wikipedia.
*They offer up an online and print version ''from the same source''. The wiki platform can be used to generate a print version of a publication that is a professional, good quality bound publication. The MediaWiki software is free and constantly evolving, providing an affordable means to produce legal information for multiple formats.

For more on Clicklaw Wikibooks, see the [[Clicklaw Wikibooks FAQ]].

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I Am Having Challenges with My Children and Don't Want the Ministry to Remove Them

2013-06-05T18:10:23Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}If you are having challenges raising your kids or other children under your care, you can sometimes get help without the Ministry of Children and Family Development removing the children from your home.

==First steps==

#See if there are any marriage, family, child or individual counsellors in or near your community. You could look in the Yellow Pages or ask a lawyer or advocate, or someone at the Ministry of Children and Family Development.
#Before involving the Ministry of Children and Family Development, you should probably speak with a lawyer or advocate. (See "Where to get help" below to find a lawyer or advocate to speak with.)
{{Tipsbox
| width = 90%
| tips = In dealing with the Ministry of Children and Family Development, keep in mind that the [[The Ministry has taken my kids|Ministry has the authority to remove children from your home]] if they believe they are "in need of protection." On the other hand, the Ministry has access to many resources (often at little or no cost to you) that may help you overcome the challenge with your children.}}

==What happens next==

If you decide to work with the Ministry of Children and Family Development, you (and probably your children) will be asked to meet with the Ministry resource person who will assist you. Be prepared to provide as much information about your children as you can, such as dates of birth, school level and grades, medication and medical history.
If you have chosen to work with the Ministry, they may suggest a variety of approaches, depending on the nature and seriousness of your problem. They may:
*Refer you to a ''community resource''. The Ministry may open a file and want to track your progress with the resource.
*Provide you with ''family support services''. In some cases, the Ministry will ask you to sign a ''family support service agreement'' which enables them to arrange counselling, parenting support, up to six days a month of ''respite care'', and other support in your home. A family support worker will probably be assigned to your case. A family support service agreement can be for a period of six months, and then renewed after that.
*If you are facing a crisis that means you are temporarily unable to care for the children in your home (even with the supports mentioned above), the Ministry may ask you to sign a ''voluntary care agreement'' and place your children in foster care for a period of up to 14 days. If the crisis continues longer than 14 days, the Ministry will open a ''protection file''. If you think this may happen to you, you should speak with a lawyer or advocate or apply for legal aid.
*If your child has a permanent or long-term disability, the Ministry may put you in touch with their Community Living Department and have you sign a ''special needs agreement'', through which they can provide respite care and in-home supports. The first special needs agreement can be for a period of six months, and renewed after that. You will be asked to pay something for the care provided, based on your income.

{{Tipsbox
| width = 90%
| tips = If you or the children in your care are Aboriginal, the responsibility for the safety and welfare of the children may have been delegated to a Delegated Aboriginal Agency in your area. To find out if this is the case, contact the nearest office of the Ministry of Children and Family Development (see the Blue Pages of your phone book for the local number or call Service BC at 1-800-663-7867).
}}

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Legal Aid Representation|Legal aid representation]], to apply for legal aid.
*[[Family Law in BC]] website, for forms, self-help materials and other legal information about child protection and removal.
*[[PovNet]], for the "Find An Advocate" feature on their website.
*[[Duty Counsel|Family duty counsel]], for some assistance on the day you have to appear in court.
*[[Family LawLINE]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1051 What about child protection for Aboriginal people?]"
*The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Annie Kaderly]], March 2013}}

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I Want to Have My Criminal Record Removed

2013-05-21T18:14:35Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}{{ambox
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| text = '''Alert:''' The term "pardon" has been replaced with "record suspension" as of March 2012. The Parole Board of Canada website provides a [http://pbc-clcc.gc.ca/prdons/c23b-eng.shtml summary of changes to eligibility], and a new "[http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Guide]." 
| smalltext =
}}If you have a criminal record, you may apply to the Parole Board of Canada for a ''record suspension'' (formerly a ''pardon''). A record suspension does not change the fact that you were convicted, nor does it erase your criminal record. A record suspension keeps your criminal record separate and apart from other criminal records by removing all information about your convictions from the Canadian Police Information Centre (CPIC).

The key benefit of a record suspension is it removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government and eligibility for Canadian citizenship. In many ways, a record suspension allows law-abiding citizens the opportunity to reintegrate into society.

In order to be eligible for a record suspension, you must be conviction-free for a period of time after ''completion'' of your sentence and also be of good conduct during that period. The waiting period for a record suspension is five years for all ''summary'' offences, such as theft under $5,000, and ten years for all ''indictable'' offences (indictable offences are considered more serious than summary offences). However, not everyone is eligible for a record suspension. For example, if you have been convicted of sexual offences against minors (with certain exceptions), you are not eligible for a record suspension.

In applying for a record suspension, you must show how receiving a record suspension would provide you with a "measurable benefit," and describe how it will help your rehabilitation into society as a law-abiding citizen.

==First steps==
#Get a record suspension application package from the Parole Board of Canada by calling 1-800-874-2652 or downloading the "[http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Guide]" on their website. You can also get a record suspension application package at many police stations and courthouses. This application package includes the forms you will need to apply for all of the required supporting documents. (Alternatively, use one of the private services that help people get record suspensions. They charge a fee to help fill out your application and obtain and submit necessary documents. Look in the Yellow Pages or on the internet under "pardons" or "record suspensions.")
#Get a copy of your criminal record from the RCMP and local police records from the local police.
#Get copies of your ID and proof of your status in Canada, if you were not born here.
#If required, get additional information from the court where you were convicted. You will need additional court information if you do not already have proof of payment for all fines, victim surcharges, restitution, and compensation, as well as proof of the method of trial for each conviction (that is, summary or indictable).
#Complete the record suspension application and send it to the Parole Board of Canada with $631 and all of the necessary supporting documents, including the required checklist found in the application package. Your application must include information on:
#*What changes a record suspension would bring to your present circumstances.
#*All positive changes you have already made to improve your situation since your conviction (plus supporting documents).
#*A description of the circumstances and how/why the offences were committed.

== What happens next ==
The Parole Board of Canada will examine your application to decide if you are eligible for a record suspension. You will be advised of their decision in writing in about 12 to 20 months.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Parole Board of Canada]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1036 How do I apply for a pardon?]"

{{REVIEWED | reviewer = [[Richard Hewson]], February 2013}}

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My Landlord Wants to Evict Me

2013-05-02T23:17:34Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}If you rent your home from someone else, you are probably covered by the ''Residential Tenancy Act''. If so, your landlord needs to have a good reason to evict you, such as if you damage his or her property, seriously disturb your neighbours or don’t pay your rent. The landlord can also ask you to leave if he or she is doing major renovations or getting a close relative to move into your place.

The landlord must give you written notice before you can be evicted:
*''10 days'' in advance if you haven't paid your rent on time.

*''One month'' in advance if there is ''cause'', such as:
**repeatedly paying your rent late (three times would be considered "repeated"),
**subletting your place without the landlord’s consent,
**damaging the place beyond reasonable wear and tear,
**jeopardizing safety,
**unreasonably disturbing your neighbours,
**breaking a material term in your tenancy agreement and ignoring a written warning from your landlord, or
**you or your guests putting your landlord's property at risk or using it for an illegal purpose (the landlord may get an order for shorter notice if you have been involved in illegal activity).
*''Two months'' in advance if the landlord is doing major renovations or a close family member moves in. Close family members include the landlord’s parents, children or spouse, or the parents or children of the landlord’s spouse.

== First steps ==
#If you are being evicted for not paying your rent, you can pay it within ''five days'' of receiving the eviction notice. If you do this, the notice of eviction will be cancelled, unless the landlord is claiming that you have repeatedly been late in paying your rent.
#Otherwise, if you believe the landlord does not have good reason to evict you, get and complete a [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant's Application for Dispute Resolution], available from the [[Residential Tenancy Branch]] or most [[Service BC]] (Government Agent) offices.
#Send the completed application or take it in to a Residential Tenancy Branch office or Service BC (Government Agent) office together with a filing fee of $50. For a 10 day notice, you have ''five days'' to apply for dispute resolution. For a one month notice, you have ''10 days''. For a two month notice, you have ''15 days''. If you can't afford the $50 filing fee, you can apply at the office to have the fee waived. See the Residential Tenancy Branch's [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee] to see the documents you may need to provide with that application.

== What happens next ==
Residential Tenancy Branch staff will look at your application. After the application has been approved and you have paid your $50, you will receive ''hearing documents''. You need to serve a copy of these documents on your landlord.

At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place.

If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if you missed the original hearing, or you have new evidence that was not available at the time of the original hearing, or the decision was obtained by fraud. Otherwise, only a Supreme Court judge can review an arbitrator's decision. You will need advice from a lawyer to do this.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Tenant Resource & Advisory Centre]] (TRAC).
*[[Residential Tenancy Branch]].
*[[PovNet]], for contact and website information for tenancy advocates near you.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1082 My landlord is threatening to evict me]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 50%
| tips = The above information does not apply if you are evicted from your home on an Indian reserve. If this happens to you, you should speak with a lawyer.
}}

{{REVIEWED | reviewer = [[Andrew Sakamoto]], March 2013}}

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My Landlord Wants to Evict Me

2013-05-02T23:16:12Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}If you rent your home from someone else, you are probably covered by the ''Residential Tenancy Act''. If so, your landlord needs to have a good reason to evict you, such as if you damage his or her property, seriously disturb your neighbours or don’t pay your rent. The landlord can also ask you to leave if he or she is doing major renovations or getting a close relative to move into your place.

The landlord must give you written notice before you can be evicted:
*''10 days'' in advance if you haven't paid your rent on time.

*''One month'' in advance if there is ''cause'', such as:
**repeatedly paying your rent late (three times would be considered "repeated"),
**subletting your place without the landlord’s consent,
**damaging the place beyond reasonable wear and tear,
**jeopardizing safety,
**unreasonably disturbing your neighbours,
**breaking a material term in your tenancy agreement and ignoring a written warning from your landlord, or
**you or your guests putting your landlord's property at risk or using it for an illegal purpose (the landlord may get an order for shorter notice if you have been involved in illegal activity).
*''Two months'' in advance if the landlord is doing major renovations or a close family member moves in. Close family members include the landlord’s parents, children or spouse, or the parents or children of the landlord’s spouse.

== First steps ==
#If you are being evicted for not paying your rent, you can pay it within ''five days'' of receiving the eviction notice. If you do this, the notice of eviction will be cancelled, unless the landlord is claiming that you have repeatedly been late in paying your rent.
#Otherwise, if you believe the landlord does not have good reason to evict you, get and complete a [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant's Application for Dispute Resolution], available from the [[Residential Tenancy Branch]] or most [[Service BC]] (Government Agent) offices.
#Send the completed application or take it in to a Residential Tenancy Branch office or Service BC (Government Agent) office together with a filing fee of $50. For a 10 day notice, you have ''five days'' to apply for dispute resolution. For a one month notice, you have ''10 days''. For a two month notice, you have ''15 days''. If you can't afford the $50 filing fee, you can apply at the office to have the fee waived. See the Residential Tenancy Branch's [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee] to see the documents you may need to provide with that application.

== What happens next ==
Residential Tenancy Branch staff will look at your application. After the application has been approved and you have paid your $50, you will receive ''hearing documents''. You need to serve a copy of these documents on your landlord.

At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place.

If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if you missed the original hearing, you have new evidence that was not available at the time of the original hearing, or the decision was obtained by fraud. Otherwise, only a Supreme Court judge can review an arbitrator's decision. You will need advice from a lawyer to do this.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Tenant Resource & Advisory Centre]] (TRAC).
*[[Residential Tenancy Branch]].
*[[PovNet]], for contact and website information for tenancy advocates near you.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1082 My landlord is threatening to evict me]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 50%
| tips = The above information does not apply if you are evicted from your home on an Indian reserve. If this happens to you, you should speak with a lawyer.
}}

{{REVIEWED | reviewer = [[Andrew Sakamoto]], March 2013}}

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The Ministry Has Taken My Kids

2013-05-02T23:15:19Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}The Ministry of Children and Family Development or a delegated agency has the authority to remove children from their home if they are "in need of protection" because they believe that a child has been abused or neglected, or is likely to be abused or neglected. If the Ministry removes the child or children, the matter is taken to Family Court until it is resolved.

{{Tipsbox
| tips = If the Ministry has begun an investigation, you can ask for legal advice ''before'' the child is removed from the home (see the steps below).
}}

== First steps ==
#If you need a lawyer but cannot afford one on your own, apply for [[Legal Aid Representation|legal aid representation]]. If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.
#If you don't have a lawyer, consider getting some legal advice. Child protection is a very emotional issue and difficult to face without legal advice and support. See if there is an advocate in your community who can help. [[PovNet]] has a "Find an Advocate" feature on their website. As well, [[Duty Counsel|duty counsel]] can provide advice services.
#Contact the Ministry worker who removed your child, and see if you can negotiate for either the return of your child or contact with your child while in Ministry care. Take a friend or advocate with you when you speak to the worker. Make sure you have a lawyer review any agreement before you sign it.
#Within seven days of removing the child, the Ministry must go to Family Court and explain to a judge why the child was removed and what their plans are for the child until the matter is resolved. Attend this hearing. Even if you can't convince the judge to return the child right away, you can ask the judge for contact with the child. There is usually a [[Duty Counsel|duty counsel]] lawyer in Family Court who can assist you on the day of court. If your matter is called before you've had the chance to speak to duty counsel, tell the judge that you’d like to do so before proceeding.

== What happens next ==
At the first court appearance, the judge will set a date for a ''presentation hearing''. At this hearing, you will have a chance to convince the judge why the child should be returned to you. The judge may decide to make a ''supervision order'' (returning the child to you under supervision of the Ministry) or a ''custody order'' (leaving the child in the care of the Ministry) until a ''protection hearing'' is held.

A protection hearing must begin within 45 days from the end of the presentation hearing. Before or after the start of the protection hearing, you will probably be asked to attend a ''case conference'' (a meeting with a judge and the Ministry to see if you can reach an agreement about the child's care). If there is no agreement, the judge will hold a protection hearing. At the end of it, the judge may order that the child be returned to a parent or other person, or remain in the custody of the Ministry for a period of time or, in rare and serious cases, remain in the custody of the Ministry on a continuing basis.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Legal Aid Representation|Legal aid representation]], to apply for legal aid.
*[[Family Law in BC]] website, for forms, self-help materials and other legal information about child protection and removal.
*[[PovNet]], for the "Find An Advocate" feature on their website.
*[[Duty Counsel|Family duty counsel]] (Provincial or Supreme), for some assistance on the day you have to appear in court.
*[[Family LawLINE]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common question "[http://bit.ly/wb1myP What about child protection for Aboriginal people]?"
*The Legal Services Society publication "[http://bit.ly/A3kkdE Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{Tipsbox
| width = 90%
| tips = The Ministry of Children and Family Development now offers a number of structured meetings — such as integrated case management meetings, partnership planning conferences, family group conferences and mediation — aimed at resolving child welfare cases outside of court. Even though legal aid does not usually cover the cost of your lawyer to attend these meetings, it is a good idea to have an advocate or other support person attend with you. If a meeting does result in an agreement, try to have a lawyer review it before you sign it.
}}

{{REVIEWED | reviewer = [[Annie Kaderly]], March 2013}}

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I Just Separated from the Other Parent of My Children

2013-05-02T23:11:03Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}{{ambox
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| text = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. ''[[JP Boyd on Family Law]]'' has extensive, updated coverage of [[Separation]]. 

| smalltext =
}}

If you and the other parent of your children have separated, you need to make decisions about who will have ''parental responsibility'' for the children, which includes things like:
*making day-to-day decisions affecting the children,
*having day-to-day care of the children,
*making decisions about where the children will live, and
*making decisions about the children's education and extra-curricular activities.

You will also need to decide if the other parent will have ''parenting time'' or ''contact'' with the children, and how you will handle ''support'' (regular financial support for the children and, if necessary, you or the other parent).

== First steps ==

#Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. Look in the Yellow Pages under "Crisis Centres," or contact [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.
#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation|legal aid representation]]. If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. If you don't qualify for legal aid representation, or if you think you can resolve your issues through mediation, you may wish to contact a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving guardianship, parenting time, and support in Family Court. However, they have no jurisdiction to help with divorce or division of family property and debts.
#If you want to apply for guardianship, parenting time, or support in Family Court, complete an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf Application to Obtain an Order]. Family Court forms and self-help information are available online at the [[Family Law in BC]] website. Click on the shortcut "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you do not feel it is safe to wait, you may ask the judge to make the order "without notice," meaning that the court will make its order without your ex-partner having a chance to be heard or being notified in advance that you are seeking an order. Without notice orders are always interim (short-term) and your ex-partner will eventually have a chance to speak to the judge before a final order is made.

== What happens next ==

If you qualify for legal aid representation, a lawyer will be appointed to represent you in your case and lead you through the court process.

You can also contact a family justice counsellor and set up an appointment to review your situation. The family justice counsellor will give you information about family law issues, offer to mediate between you and your ex, or help you fill out court forms if necessary.

If you file an Application to Obtain an Order, you will have to arrange to serve your ex with a copy of the application and notice of the court date, unless it is dangerous or impractical to do so. A court date will be set by the Family Court once your ex files a ''reply''.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Legal Aid Representation|Legal aid representation]] to see if you qualify for legal aid.
*[[Family Law in BC]] website, for forms, self-help materials and other legal information about family legal issues.
*[[Duty Counsel|Family duty counsel]] (Provincial or Supreme), for some assistance on the day you have to appear in court.
*[[Family Justice Centres]], to make an appointment with a family justice counsellor to discuss guardianship, parenting time, and support.
*[[Family LawLINE]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Annie Kaderly]], March 2013}}

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I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court

2013-05-02T22:56:27Z

Janet Freeman:

{{Template:Legal Help Guide TOC}}If you are charged with a criminal or youth offence, it means that, unless you are sent for ''diversion'', ''restorative justice'' or ''alternative measures'' (see the section in this Guide titled "[[I've been accused of a criminal offence and have been offered "diversion", "restorative justice" or "alternative measures"|I've been offered 'diversion']]"), you will have to resolve the charge in court. You can do this either by pleading guilty and being sentenced by a judge, or by pleading not guilty and going to trial. If you are convicted at trial, you will be sentenced by a judge.

==First steps==

#If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) will do this at no charge. You can also call a lawyer through the “Brydges Line” at 1-866-458-5500. This service is provided free of charge by the Legal Services Society and is available across the province, 24 hours a day, seven days a week. It is almost always advisable that you refuse to answer questions or discuss the case with the police and certainly not before speaking with a lawyer.
#If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|legal aid representation]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your ''first appearance'' in court (see Step 4 below) and found out the Crown Counsel's ''initial sentencing position''.
#Go to court on the date shown on your ''promise to appear'' or other police release document.
#Get a copy of your "''disclosure''." This package will contain the details of the charges against you. It includes the ''circumstances'' (police report) from the Crown Counsel (prosecutor) and the ''information'' (charges) from the court clerk. Ask for an ''adjournment'' (delay) for two weeks or more so you can consult with a lawyer. If there is a ''duty counsel'' — a lawyer who helps people who don't have their own lawyer — at the courthouse, he or she can help you with this step.

== What happens next ==

Once you have decided how you will plead (guilty or not guilty), you or your lawyer will have to tell the judge. If you plead guilty, you will probably be sentenced right away. If you plead not guilty, the court will hold an ''arraignment hearing'' and ask both the prosecutor and you or your lawyer how long the trial will take. Then you will have to set a date for the trial. Before the trial, you or your lawyer will probably have to appear at a ''trial confirmation hearing''. (The process is more complicated for more serious indictable charges such as aggravated assault or breaking and entering a dwelling.)

At trial, the Crown will call witnesses that you or your lawyer will be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. After all of the witnesses have testified, you can summarize your position and the facts and law which support it. At the end of the trial, the judge will either find you guilty or not guilty. If you are found guilty, the judge will sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases.

If you are found not guilty, the matter will be over and you will be free to leave the court. Any bail conditions that were imposed on you will expire.

{{Tipsbox
| width = 80%
| tips = If you can't make it to court for one of your court appearances, you may be allowed to get [[Duty Counsel|criminal duty counsel]] to go to court for you. Call your local legal aid office or the [[Legal Aid Representation|Legal Services Society]] Call Centre at 1-866-577-2525 to find out duty counsel schedules.
}}

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
*[[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court.
*[[Native Courtworkers]] and [http://www.clicklaw.bc.ca/helpmap/service/1125 First Nations Court Duty Counsel] for aboriginal clients.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1031 I've been charged with a crime. How do I defend myself?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1053 What does the judge consider in sentencing an Aboriginal person?]" as well as the fact sheet series "[http://www.clicklaw.bc.ca/global/search?k=%22what%20to%20do%20if%20you%20are%20charged%20with%22 What to do if you are charged with...]."

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Richard Hewson]], February 2013}}

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I Was Abused in a Residential School

2013-05-02T22:53:35Z

Janet Freeman:

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From the latter part of the 19th century until late into the 20th century, the Government of Canada and various churches operated ''Residential Schools'' for Aboriginal children throughout Canada. For a large portion of that time, Aboriginal parents were compelled to send their children to these schools, thereby removing the children from their communities and their culture. In addition, many students were subjected to physical, sexual and psychological abuse while attending a Residential School.

For years, a person had to sue in court to get compensation for abuse suffered in a Residential School. Then the federal government and various church entities agreed to provide compensation through the Indian Residential Schools Settlement Agreement.

The Settlement Agreement offered two types of specific compensation:
*'''Common Experience Payment (CEP):''' All former students of Residential Schools who were alive on May 30, 2005 were entitled to a CEP. Former students were entitled to $10,000 for their first school year (or part of a school year) of residence, plus $3,000 for each additional school year (or part of a school year) of residence, regardless of the level of abuse that may have been suffered. The deadline for CEP applications expired on September 19, 2011 but the Settlement Agreement allowed for late applications to be filed until September 19, 2012 in exceptional circumstances.
*'''Independent Assessment Process (IAP):''' Under the IAP, a victim of certain types of sexual or very serious physical or psychological abuse at a Residential School could apply for additional compensation based on the severity and frequency of the abuse. The deadline for applying for the IAP was September 19, 2012.

== First steps ==

#Because bringing up the past may be difficult, make sure you have emotional and psychological support. You may wish to contact the [[Indian Residential School Survivors Society]] at 1-800-721-0066. The Society provides counselling services and referrals to other services near you. You may also wish to contact Health Canada's Indian Residential Schools Resolution Health Support Program at 1-877-477-0775, or the National Indian Residential School Crisis Line at 1-866-925-4419.
#If you did not opt out of the Settlement Agreement and did not submit an IAP application by the deadlines above, you may wish to contact a lawyer to see if an action can be brought in civil court. The rules, procedures and standards of the IAP are not applicable in this case.

== What happens next ==

=== Common Experience Payment ===
After receiving your CEP application, the federal government will verify the years that you attended Residential School and process a payment. If they have any questions, they will contact you.

If your CEP application is denied in full or in part, you may submit a request for ''reconsideration'' to the federal government. If you are not satisfied with the result of the reconsideration process, you can request an appeal to the National Administration Committee. Any requests for reconsideration or appeal should be filed promptly. To inquire about the reconsideration and appeal processes, you can call the CEP Response Centre toll-free at 1-866-565-4526.

=== Independent Assessment Process===
Decisions about IAP compensation are made by independent ''adjudicators''. Once your IAP application is accepted into the process, the Secretariat communicates with you or your lawyer about all the steps required before a hearing is scheduled. Claimants have to gather and submit various documents which may help demonstrate how the abuse they suffered affected them. The federal government will provide information and documents about the claimant, the alleged perpetrator, and the Residential School.

A private hearing (meeting) is then held where the adjudicator speaks respectfully with the claimant about their experiences. In some cases, the adjudicator will send the claimant for a medical or psychological assessment to help with the decision-making process. Claimants are not "on trial" and are not cross-examined by lawyers for the federal government, the churches or the alleged perpetrator.

== Where to get help ==

See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:

* [[Indian Residential Schools of Aboriginal Affairs and Northern Development Canada]].
* [[Indian Residential School Survivors Society]].
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Pierre Bisbicis]], February 2013}}

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