Free and Low-Cost Legal Help: Difference between revisions

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:'''''Are you Aboriginal? First Nations Court'''''
:'''''Are you Aboriginal? First Nations Court'''''
:If you self-identify as Aboriginal (if you think of yourself as Aboriginal), you may be able to have your bail or sentencing hearing in the [www.aboriginal.legalaid.bc.ca/rights/firstNationsCourt.php First Nations Court of BC] in New Westminster. There is duty counsel available at the First Nations Court. For more information, call the First Nations Court duty counsel at 1.877.601.6066 (no charge from anywhere in BC).
:If you self-identify as Aboriginal (if you think of yourself as Aboriginal), you may be able to have your bail or sentencing hearing in the [http://www.aboriginal.legalaid.bc.ca/rights/firstNationsCourt.php First Nations Court of BC] in New Westminster. There is duty counsel available at the First Nations Court. For more information, call the First Nations Court duty counsel at 1.877.601.6066 (no charge from anywhere in BC).


:'''''Immigration matters'''''
:'''''Immigration matters'''''

Revision as of 17:09, 20 February 2015

This page from JP Boyd on Family Law—and other pages from this Wikibook that discuss BC family law litigation topics—are under editorial review to provide more thorough, current, and practical guidance. Since 2020, procedures, forms, and laws have changed significantly. While gross inaccuracies have been corrected, some details may still be outdated. These pages were not included in the 2024 print edition, and have been highlighted in orange where they appear in the navigation menu on this website.
Dial-A-Law features free information on the law in British Columbia in over 130 topic areas. A service of People's Law School, Dial-A-Law is available on Clicklaw Wikibooks, its own website at dialalaw.ca, and on the telephone at 1-800-565-5297.

People sometimes grumble about the high cost of lawyers’ services. But many people don’t know that there’s a great deal of legal information and advice available at a very low cost – and even free in some cases. Because this script goes into some detail about what’s available, it is fairly long, so if you’re listening to this (as opposed to reading it), make sure you have a pen and paper handy to write down the phone numbers and websites mentioned.

Some sources for free legal information include:

Clicklaw: www.clicklaw.bc.ca[edit]

Clicklaw is a website aimed at enhancing access to justice in BC. It features legal information and education designed for the public from many contributor organizations. Clicklaw WikiBooks are collaboratively developed plain language legal publications that are born-wiki and can also be printed.

Courthouse Libraries BC: www.courthouselibrary.ca[edit]

It provides legal information services to the legal community and the general public of British Columbia. Their toll free number is 1.800.665.2570.

Dial-A-Law: www.dialalaw.org[edit]

Dial-A-Law is a library of free legal information prepared by lawyers. The program is funded by the Law Foundation of BC and operated by the Canadian Bar Association, BC Branch. It is available:

  • by phone, as recorded scripts, at 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC, and
  • by audio and text, on the CBA BC Branch website.

Justice Education Society: www.justiceeducation.ca[edit]

Justice Education Society, formerly the Law Courts Education Society, is dedicated to improving access to the legal system through hands-on, targeted, two-way education between the public and those working in the justice system. Call 604.660.9870 in Vancouver for enquiries.

Legal Services Society (LSS):[edit]

LSS provides free legal information in person and over the phone, and through our websites and publications in many languages.

  • Publications: www.legalaid.bc.ca. (click “Our publications”). LSS publications cover a variety of legal topics, including family law, child protection, immigration issues, Aboriginal legal issues, criminal matters, and poverty law. LSS publications can be read online or ordered for free through Crown Publicationsn by going to the Crown Publications website at www.crownpub.bc.ca.
  • Other legal information, resources, and self-help guides are available on the LSS Family Law in British Columbia website: www.familylaw.lss.bc.ca. This site contains self-help materials to help people resolve family law problems, court forms, current family law information and resources, and links to useful related sites.
  • Information for Aboriginal people is available on the Aboriginal Legal Aid in BC website: www.aboriginal.legalaid.bc.ca. This section has information and publications about the issues that are important to Aboriginal people. It also has information about the help that legal aid and other groups can give.
  • Legal info outreach workers (LIOWs): www.legalaid.bc.ca/legal_aid/legalInformationOutreachWorkers.asp. LIOWs are LSS staff located in Prince Rupert, Terrace and Vancouver who can help you find legal information and self-help resources on the Internet; give you printed legal information; refer you to other services such as family duty counsel and other community services; visit community groups to talk about LSS services, and collect feedback from community workers and the public about LSS programs; provide legal information and referral services by phone; and assist Community Court clients. To contact a legal information outreach worker, call the regional centre closest to you:
Terrace
207– 3228 Kalum Street
250.635.2133 or 1.800.787.2511 (call no charge, elsewhere in BC)
Vancouver
400 – 510 Burrard Street
604.408.2172 (Greater Vancouver)
1.866.577.2525 (call no charge, elsewhere in BC)
Prince Rupert
c/o Government Agent Office
201-3rd Avenue W.
250.624.7701
1.800.787.2511 (call no charge, elsewhere in BC)
  • Aboriginal community legal workers (ACLW) are located in Duncan and Nanaimo. They provide legal information and limited advice about family and child protection law, and issues such as residential schools, housing, and wills and estates, explain the legal process and other options such as mediation, attend court with you, help you prepare forms and letters, participate in negotiations, talk on your behalf to Ministry of Children and Family Development staff, a legal aid lawyer, duty counsel, or your Band, and make referrals to other services. For hours and locations see the LSS website at www.legalaid.bc.ca (click “Information”, then “Aboriginal community legal workers”).
  • Community partners are service providers located throughout BC who can help you get free legal information, call Legal Aid, find the nearest Legal Aid office, get legal help online, and connect with people who can help. For a list of community partner locations see the LSS website at www.legalaid.bc.ca (click "Information”, then “Community partners”)

Native Courtworker and Counselling Association of BC (NCCABC): www.nccabc.ca[edit]

It provides culturally appropriate services to aboriginal people and communities consistent with their needs. Their number is 604.985.5355 in Greater Vancouver, and toll free 1.877.811.1190 elsewhere in BC. Select “About Us” then “Our Team” from the website for a list of local numbers.

The Multilingual Legal Website: www.multilingolegal.ca[edit]

It is a new online resource designed to access legal publications in Spanish, French, Vietnamese, Chinese, Punjabi, Persian, Korean, and Arabic. Topics include: abuse, child protection, court orders, family violence, newcomers services and resources, welfare, and victim services. The site is sponsored by the Latin American Community Council and MOSAIC, and is funded by the Law Foundation of BC.

The Public Legal Education Society (also know as the People’s Law School)[edit]

This non-profit organization sponsors free lectures on a great variety of legal topics, taught mainly by lawyers. To contact the People’s Law School, phone 604.331.5400, or see their website at www.publiclegaled.bc.ca.

The Public Library[edit]

Provincial and federal statutes can be found there, as well as many books about the law written especially for non-lawyers. Ask your reference librarian for help in finding what you need.

You have a legal problem, or at least you think you do, and you need some free or inexpensive help. Then the following services may be able to help you:

Lawyer Referral Service[edit]

It’s a public service offered by the BC Branch of the Canadian Bar Association, the same organization that operates Dial-A-Law. Call 604.687.3221 in the Lower Mainland or 1.800.663.1919 toll-free elsewhere in British Columbia. Explain briefly the type of problem, and the service will give you the name of a lawyer. Phone the lawyer and make an appointment. Tell the lawyer that Lawyer Referral Service sent you. The lawyer will give you up to a 30-minute appointment for $25. At the appointment, the lawyer will tell you if you have a legal problem. Then, if you and the lawyer agree, you can hire that lawyer at their normal rate. But you don't have to use that lawyer. You may decide you don't have a legal problem and don't need a lawyer. Or you may decide to find another lawyer.

Services provided by Legal Services Society (LSS): www.legalaid.bc.ca[edit]

The Legal Services Society will pay for a lawyer to represent you if: your legal problem is covered by our legal aid rules, you meet the financial guidelines, and you have no other way of getting legal help. Legal problems that may be covered by legal aid include criminal charges, mental health and prison issues, serious family problems, child protection matters, and immigration problems.
To find a legal aid location near you, see the LSS website at www.legalaid.bc.ca and under “Legal aid,” click “Legal aid offices”. Or you can call the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC).
  • Brydges Line
If you are being investigated for a crime and in custody, or have been arrested or detained, you can get 24-hour access to emergency legal advice by phoning the “Brydges Line,” available through the Legal Services Society at 1.866.458.5500 (call no charge).
If you are being investigated for a crime but not in custody, you may be ableto get 24-hour access to emergency legal advice in some situations by phoning the “Brydges Line,” available through the Legal Services Society at 1.866.458.5500 (call no charge).
  • Advice counsel (lawyers) for people in custody
If you know someone in custody at a police lock-up who is awaiting a bail hearing, they can get legal advice over the telephone during the evenings and on weekends and holidays. Advice counsel services are available by calling 1.888.595.5677 (no charge from anywhere in BC).
  • Duty Counsel
Criminal Law matters
Duty counsel are lawyers paid by LSS to provide legal services in Provincial Court to in- and out-of-custody accused people who have been charged with a crime, do not have a lawyer, do not qualify for legal aid, or have not yet contacted legal aid. Duty counsel can provide you with advice about the charges against you, court procedures, and your legal rights (including the right to counsel and the right to apply for legal aid). Duty counsel can also represent you at a bail hearing, and, if there is time, help with a guilty plea. While you do not have to be financially eligible for legal aid to receive duty counsel services, you must meet LSS coverage and eligibility requirements to get a referral for ongoing representation. For duty counsel hours of operation in your area, check your local court registry. Court registry contact information can be found on the Provincial Court of British Columbia website at www.provincialcourt.bc.ca (click “Judicial Administration” then “Court Locations Map”) or in the blue pages of your phone book (under “Government of British Columbia – Court Services”).
Are you Aboriginal? First Nations Court
If you self-identify as Aboriginal (if you think of yourself as Aboriginal), you may be able to have your bail or sentencing hearing in the First Nations Court of BC in New Westminster. There is duty counsel available at the First Nations Court. For more information, call the First Nations Court duty counsel at 1.877.601.6066 (no charge from anywhere in BC).
Immigration matters
LSS provides duty counsel for 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. Clients do not have to meet LSS financial eligibility requirements to receive these services.
  • Family Duty Counsel
Family duty counsel are lawyers paid by LSS to assist people with low incomes with family law problems or child protection issues (where the Ministry for Children and Families becomes involved with your family). If you do not have your own lawyer, duty counsel can give you advice, speak on your behalf in court on simple matters, and attend family case conferences in some courts. Duty counsel first assists those who are financially eligible, and may assist others if time permits. Duty counsel will not take on your whole case and will not represent you at a trial.
In Provincial Court
Duty counsel are available by appointment or on a walk-in basis in Vancouver, Surrey, Port Coquitlam, Nanaimo and New Westminster (although appointments are encouraged). At other locations, duty counsel services are on a drop-in basis. The lawyers must first help people who have matters in court that day, but can assist others once they are not needed in court. For duty counsel hours in your community, go to the LSS website at www.legalaid.bc.ca (click “Legal advice” then “Family law matters”, then "How to find Provincial Court family duty consel") or contact your local legal aid office. You can also contact your local court registry (look in the blue pages of your phone book under "Government of British Columbia – Court Services").
In Supreme Court
If you are a person with a low income experiencing separation or divorce, you may be eligible for free legal advice from Supreme Court family duty counsel. Duty counsel are lawyers who can provide advice about: parenting arrangements, child support, property (limited advice), tentative settlement agreements, and court procedures. They can also attend judicial case conferences at some courts. Duty counsel may be able to help you even if you are not financially eligible. Duty counsel are available by appointment or on a walk-in basis in Vancouver. At other locations, duty counsel services are on a drop-in basis.
For the addresses and phone numbers of BC Supreme Court registries, look in the blue pages of your phone book under "Government of British Columbia – Court Services". For Supreme Court duty counsel hours, go to the LSS website at www.legalaid.bc.ca (click “Legal advice” then “Family law matters”, then “How to find Supreme Court family duty counsel”) or call your local legal aid office.
  • Family Advice Lawyers
If you are a parent with a low income and experiencing separation or divorce, you may be eligible for free legal advice from a family advice lawyer. These lawyers are available at the Vancouver Justice Access Centre, the Nanaimo Justice Access Centre, the Family Justice Centre in Kelowna, the New Westminster Family Justice Centre, and at courthouses in Kamloops, Prince George, Surrey and Victoria. Services are available by referral from a family justice counsellor or a child support officer.
For more information about this service, call Enquiry BC at 604.660.2421 (from Vancouver), 250.387.6121 (from Victoria) or 1.800.663.7867 (from anywhere else in the province), and ask to be connected to a family justice counsellor’s office in one of the locations above.
  • Family LawLINE
If you are a person with a low income experiencing a family law issue, you may be eligible for free legal advice over the telephone from a family lawyer. To be considered for this service, call the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC). The Provincial Call Centre is open the following hours: Mondays, Tuesdays, Thursdays, and Fridays from 9:30 am to 3 pm, and Wednesdays from 9:30 am to 2:30 pm.

Pro Bono Legal Services[edit]

“Pro bono” basically means “free,” and in these programs, private and experienced lawyers volunteer to provide free legal advice to those who can’t reasonably afford a lawyer or can’t get Legal Aid.

Access Pro Bono promotes access to justice in BC by providing and fostering quality pro bono legal services for people and non-profit organizations of limited means. Access Pro Bono provides summary legal advice through its network of legal clinics around the province. It also provides representation services in limited situations, through its Roster Programs, Civil Chambers Duty Counsel Project (Vancouver), and the Nanaimo Children's Lawyer Project. The client access phone numbers for all services are 604.878.7400 in Greater Vancouver or 1.877.762.6664 from anywhere else in the province.
BCPIAC is a non-profit, public interest law office. Its task is to provide representation to groups that would not otherwise have the resources to effectively assert their interests. Call 604.687.3063 in Vancouver.
The purpose of the Community Legal Assistance Society (CLAS) is to provide legal advice and assistance and to use and develop the law for the benefit of people who are physically, mentally, socially, economically or otherwise disadvantaged or whose human rights need protection. Call 604.685.3425 in Vancouver or toll free 1.888.685.6222.
  • Immigration & Multicultural Services:
  • Affiliation of Multicultural Societies and Service Agencies of BC (AMSSA): www.amssa.org
AMSSA provides leadership in advocacy and education in British Columbia for anti-racism, human rights, and social justice. AMSSA supports its members in serving immigrants, refugees and culturally diverse communities. Call 604.718.2780 in Vancouver or 1.888.355.5560.
Immigrant Services Society of BC (ISS) will continue to be a leader in identifying the needs of immigrants and refugees and in developing, demonstrating and delivering effective, quality programs and services which meet those needs. Call 604.684.7498 or 604.684.2561 in Vancouver.
MOSAIC is a multilingual non-profit organization dedicated to addressing issues that affect immigrants and refugees in the course of their settlement and integration into Canadian society. Call 604.254.9626 in Vancouver.
S.U.C.C.E.S.S. supports the well being of Canadians and immigrants from diverse ethnic origins through the provision of social, educational and health services, business and community development, and advocacy. Call 604.684.1628 in Vancouver for general inquiries.
The justice access centres are the place to come when you need help with family and civil law issues that affect your everyday life, such as separation or divorce, income security, employment, housing or debt. The Justice Access Centres have information and services you need to reach solutions to your problems. Services are provided in person, but you can call for information:
  • Nanaimo: 250.741.5447 or toll free 1.800.578.8511
  • Vancouver: 604.660.2084
  • Victoria: 250.356.7012
TRAC is a Vancouver-based non-profit organization that offers services on legal information for tenants, publications on tenants’ rights, organizing tenants and workshops. Call 604.255.0546 in Vancouver or toll free 1.800.665.1185.

Law School Student Services[edit]

It is a student-run organization that provides legal advice to those who cannot otherwise afford such assistance. Since recent cutbacks to Legal Aid in the province, LSLAP has become increasingly important in dispensing free legal advice. The main number is 604.822.5791. Their manual of free legal information is available online.
It is a service of the University of Victoria, Faculty of Law. It provides advice, assistance and representation to clients who cannot afford a lawyer. Free legal representation is for those who are qualified for legal assistance. Call 250.385.1221 or check their website for more information.

Private Lawyers[edit]

If you want to talk to a lawyer of your choice, but you’re afraid of what it might cost, call the lawyer and ask what they would charge for an initial consultation. Some lawyers don’t charge for the first interview and others charge very little.

Legal Researches and Websites[edit]

A starting point for legal research. Effective strategies and techniques for Canadian legal research, find and using secondary sources, finding and analyzing cases, updating your research, legal writing, and frequently asked questions.
Information on issues related to federal laws. For example, federal statutes and regulations, constitutional documents, court decisions, child support guidelines, and immigration matters.
The website has information on court services, criminal justice, family law, justice reform and other related links.
Information on appeals, alternatives trial, frequently asked questions, the complaint process, a court locations map as well as some information about criminal, youth, family, small claims, traffic, bylaw matters and related laws.

Other Information and Referral Services[edit]

  • BC211 provides information and referral services. Staff can provide information and refer you to the appropriate community, social or government services. Call 211 or 604.875.6381. Check their website at www.bc211.ca.
  • If you live in the Okanagan area of BC, you can call the Social Planning Council for the North Okanagan at 250.545.8572 or visit www.socialplanning.ca. They’ve published a "Can We Help You?" guide to community services that are available primarily in the Okanagan.
  • VictimLink BC is a 24-hour phone service for victims of all crimes anywhere in BC. Call 1.800.563.0808 in BC or visit their website at www.victimlinkbc.ca.

Some other Resources for Legal Information[edit]


[updated February 2015]



Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A conclusion made by a judge which decides a point of law or a fact in dispute.

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

Something which can be owned. See "chattels" and "real property."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

In law, in British Columbia a person under the age of 19.

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