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Difference between revisions of "Outstanding Warrants and Welfare"
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Outstanding Warrants and Welfare (view source)
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==What is an outstanding warrant?== | ==What is an outstanding warrant?== | ||
A warrant | A warrant for a person who has not been arrested. | ||
==What is | ==What is welfare?== | ||
In this script, welfare means income assistance, hardship assistance, disability assistance, and other types of financial help under the BC Employment and Assistance Program. | In this script, welfare means income assistance, hardship assistance, disability assistance, and other types of financial help under the BC Employment and Assistance Program. | ||
==How does an outstanding warrant affect welfare?== | ==How does an outstanding warrant affect welfare?== | ||
As of June 1, 2010, if there is an outstanding arrest warrant for you for an indictable or hybrid offence anywhere in Canada, you cannot get welfare in BC. You have to do something about the warrant before you can get welfare. This | As of June 1, 2010, if there is an outstanding arrest warrant for you for an indictable or hybrid offence anywhere in Canada, you cannot get welfare in BC. You have to do something about the warrant before you can get welfare. This is in [http://www.bclaws.ca/civix/document/id/complete/statreg/02040_01#section15.2 section 15.2] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02040_01 Employment and Assistance Act]'' and [http://www.bclaws.ca/civix/document/id/complete/statreg/02041_01#section14.2 section 14.2] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02041_01 Employment and Assistance for Persons with Disabilities Act]''. | ||
'''Indictable offences''' are the more serious ones, usually under the ''Criminal Code or the Controlled Drugs and Substances Act''. They include aggravated assault, theft over $5000, drug trafficking, and murder. Less serious offences are called summary offences. Some offences, such as assault, assault causing bodily harm, theft under $5000, and breaking and entering a non-dwelling house can be either indictable or summary – they are called '''hybrid offences'''. The prosecutor can choose to proceed either summarily or by indictment in these matters. | '''Indictable offences''' are the more serious ones, usually under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html Criminal Code]'' or the ''[http://laws-lois.justice.gc.ca/eng/acts/C-38.8/index.html Controlled Drugs and Substances Act]''. They include aggravated assault, theft over $5000, drug trafficking, and murder. Less serious offences are called summary offences. Some offences, such as assault, assault causing bodily harm, theft under $5000, and breaking and entering a non-dwelling house can be either indictable or summary – they are called '''hybrid offences'''. The prosecutor can choose to proceed either summarily or by indictment in these matters. | ||
The | The rule prohibiting welfare payments if there’s an outstanding arrest warrant also applies to warrants under the '''Immigration and Refugee Protection Act (Canada)'''. | ||
==How does the government know if there is an outstanding warrant for your arrest?== | ==How does the government know if there is an outstanding warrant for your arrest?== | ||
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How you deal with an outstanding warrant depends on the facts of the case and the offence you are charged with. You have various options. For example, you can call the prosecutor in the location where the warrant was issued to ask if the warrant can be canceled. Or you can go back to that place to deal with it. Or you can talk to a prosecutor in BC about resolving the warrant. | How you deal with an outstanding warrant depends on the facts of the case and the offence you are charged with. You have various options. For example, you can call the prosecutor in the location where the warrant was issued to ask if the warrant can be canceled. Or you can go back to that place to deal with it. Or you can talk to a prosecutor in BC about resolving the warrant. | ||
You should get legal advice before you decide what to do. For details, check the [http://www.clasbc.net/ Community Legal Assistance Society] website. | |||
==Appeals== | ==Appeals== | ||
If the government says you can’t get welfare or it cuts you off from welfare, you can appeal that decision. First, you ask for a reconsideration. If that doesn’t work, you can appeal to the Employment and Assistance Appeal Tribunal. Check script [[Income Assistance: Reconsiderations and Appeals (Script 288)|288]], “Income Assistance: Reconsiderations and Appeals”, for more information. | If the government says you can’t get welfare or it cuts you off from welfare, you can appeal that decision. First, you ask for a reconsideration. If that doesn’t work, you can appeal to the [http://www.eaat.ca/home Employment and Assistance Appeal Tribunal]. Check script [[Income Assistance: Reconsiderations and Appeals (Script 288)|288]], “Income Assistance: Reconsiderations and Appeals”, for more information. | ||
If you lose the reconsideration and the appeal, you may be able to get legal help from the Community Legal Assistance Society. Check its | If you lose the reconsideration and the appeal, you may be able to get legal help from the [http://www.clasbc.net/ Community Legal Assistance Society]. Check its ''[http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252000/Outstanding_warrants_fact_sheet_FINAL.pdf?1401252000 Outstanding Warrants]'' factsheet. | ||
==Exceptions== | ==Exceptions== | ||
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==More information== | ==More information== | ||
Check the following websites about how an outstanding warrant may | Check the following websites about how an outstanding warrant may make you ineligible for income assistance: | ||
*The BC | *The BC government webpage on ''[http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/warrants Warrants]''. | ||
*The | *The BC government webpage on [http://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance income assistance]. | ||
*Community Legal Assistance Society (CLAS) | *[http://www.clasbc.net/ Community Legal Assistance Society] (CLAS) and its factsheet on ''[http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252000/Outstanding_warrants_fact_sheet_FINAL.pdf?1401252000 Outstanding Warrants]''. | ||
You can apply to the [http://www.lss.bc.ca/ Legal Services Society] (LSS) for legal aid to see if you are eligible for a criminal lawyer to take your case, or at least give you some advice about a warrant. | |||
* | *Phone the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) 1.866.577.2525 (elsewhere in BC), or | ||
*Go to a local [http://www.lss.bc.ca/legal_aid/legalAidOffices.php legal aid office]. | |||
Also check script [[Income Assistance: Reconsiderations and Appeals (Script 288)|288]], called “Income Assistance: Reconsiderations and Appeals” and script [[Financial Help for People with Disabilities (Script 289)|289]], called “Financial Help for People with Disabilities”. | |||
[updated August 2017] | |||
'''The above was last edited by John Blois.''' | |||
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