Tuesday, October 25, 2016

Legal Resources

There are some good legal resources online and in-person, which could give you some basic information. Again, they do not substitute legal advice from notaries or lawyers. The links below are controlled by the respective organizations, and maybe changed without notice. Phone numbers and URL is up-to-date as of the day of writing.

Not sure where to start?
Call 211.  BC211 is a multi-lingual service line that can direct you to the various resources from government, health, social and other referral services.  http://www.bc211.ca


Information/Resources
Courthouse Libraries BC
604-660-2841
 
Various locations across the Province
 
The Courthouse library provides legal research and information to the members of the public, notaries and lawyers. Please note libraries are only open to the public during the business hours of the courthouse. After-hour access is only granted to notaries, lawyers and members of the judiciary.

 
The People’s Law School
604-331-5400
 
The People’s Law School provides booklets, brochures and other education materials for educating the public about the laws in BC.
 
Clicklaw
 
A website operated by the Courthouse Libraries BC, providing general information on various areas of law.
 
Tenant Resource & Advisory Centre
1-800-665-1185/ 604-255-0546
 
The Tenant Resource & Advisory Centre provides tenants with legal education and information about residential tenancy law.
Nidus Personal Planning Resource Centre
 
 
The Nidus registry created plain-language guides on personal planning documents such as a representation agreement, advanced directive, powers of attorney and more.
BC Centre for Elder & Advocacy Support
604-437-1940 / 1-866-437-1940
 
BC Centre for Elder Advocacy and Support provides information on the legal rights of elderly people, and to bring awareness of elder abuse to the public.

 
Justice Education Society
604-660-9870
 
The Justice Education Society primarily provides information about the judicial and legal system. 
JusticeBC
 
The website of JusticeBC is operated by the Ministry of Justice of BC. The information presented mostly focus on the criminal justice and family law issues.
 
YWCA Legal Educator - Andrea Vollans
604-734-5517 ext 2235
 
The legal educator provides peer support on matters related to income assistance, housing, and child custody matters.


Referrals
Legal Services Society of BC
(Legal Aid)
604-601-6000
 
You will find some publication on specific areas of law at the LSSBC website. Further, if you meet the eligibility requirement, Legal Aid may be able to assist you with your case.
 
The interests from trust account held by BC Notaries and lawyers are automatically forwarded to the Notary Foundation and Law Foundation, which in turn, provide a grant to fund the Legal Aid services in British Columbia.
 
Access Pro Bono
604-482-3195
 
If you meet the eligibility requirement for Access Pro Bono, you may get specific legal assistance from notaries or lawyers who volunteer their time to provide pro bono (free) services to the community.
 
 
Community Legal Assistance Society
604-685-3425/ 1-888-685-6222
 
CLAS specializes in providing legal services in selective areas of the law such as human rights and housing matters.
Legal Advocacy – MOSAIC
604-254-9626
 
MOSAIC Legal Advocacy provides low income immigrants and refugees on immigration and poverty law matters.
Canadian Bar Association - Lawyer Referral Service
604-687-3221/1-800-663-1919
 
If you require the assistance of a lawyer, but do not know one, you may consider using the CBA Lawyer Referral Service. For a small fee, you can get a 30 minutes phone consultation.
UBC Law Students' Legal Advice Program
604-822-5791
 
If you are a low income earner requiring legal advice, but am not able to retain a lawyer for service, you may try the LSLAP referral process. Law students at UBC can provide guidance to your legal issues. There is also a manual published by LSLAP that provides in-depth information on various branches of the law. 
 
Office of the British Columbia Ombudsperson
1-800-567-3247
 
The Ombudsperson investigates complaints made by the public against a public or government agency for unfair treatments. The Ombudsperson has jurisdiction over Crown Corporations such as ICBC and BC Hydro, government ministries and agencies, hospitals, school districts,  universities and colleges, local governments, Translink and the Land Title and Survey Authority.
 
Office of the Police Complaint Commissioner
1-877-999-8707
 
The Office of the Police Complaint Commissioner (OPCC) is provides impartial civilian oversight of complaints against police officers in BC, except for members of the Royal Canadian Mounted Police (RCMP).
 
Civilian Review and Complaints Commission for the RCMP
1-800-665-6878
 
The Civilian Review and Complaints Commission for the RCMP is responsible for providing civilian oversight of complaints made against a member of the Royal Canadian Mounted Police.
 



Regulatory Agencies
Society of Notaries Public
of British Columbia
1-800-663-0343
 
 
The Society of Notaries Public of British Columbia (SNPBC)
Is the self-regulating regulatory body for Notaries Public In British Columbia. Complaints or concerns can be addressed to them.
 
Note: The Society cannot insist on notaries to provide service, continue to act, or withdraw their service. This is a matter of professional judgement, and is up to each notary to make his or her own decisions.
 
Law Society of British Columbia
1-800-903-5300
 
 
The Law Society (LSBC) is the self-regulating regulatory body for lawyers In British Columbia. Complaints or concerns can be addressed to them.
 
Note: The Society cannot insist on lawyers to provide service, continue to act, or withdraw their service. This is a matter of professional judgement, and is up to each lawyer to make his or her own decisions.
 
Real Estate Council of British Columbia
1-877-683-9664
 
 
The Real Estate Council of British Columbia (RECBC) is responsible for the licensing of real estate agents/firms, and those involved in the rental and strata property management. The Council has the power to discipline members if they are found to have contravened the rules and laws governing those entities.
 
Financial Institutions Commission
604-660-3555
 
The Financial Institutions Commission (FICOM) is responsible for regulation of mortgage brokers, sub-brokers and firms, matters relating to strata developments, financial institutions (i.e. credit unions), and pension plans under provincial jurisdiction.
 
Insurance Council of British Columbia
1-877-688-0321
 
The Insurance Council of British Columbia is responsible for the licensing of insurance agents, salesperson, adjusters and firms in BC.
 
Judicial Council of British Columbia
 
The Judicial Council of British Columbia is responsible for the screening and handling of complaints against provincial court judges and justices of the peace. Complaints against a superior court justice should be directed to the Canadian Judicial Council.
 
Canadian Judicial Council
613-288-1566
 
The Canadian Judicial Council is responsible for handling complaints against federally appointed judges (i.e. judges from the BC Supreme Court and Court of Appeal, as well as Federal Court, Federal Court of Appeal, Court Martial Appeal Court of Canada, Tax Court of Canada and the Supreme Court of Canada).
 
Consumer Protection BC
1-888-564-9963
 
Consumer Protection BC is responsible for the enforcement of consumer protection laws in BC. Specifically, they regulate the debt collection, travel agencies, payday loans, cemetery and funeral services, home inspectors, credit reporting agencies, consumer contracts and gift cards under provincial jurisdictions.
 
Financial Consumer Agency of Canada
 
The Financial Consumer Agency of Canada (FCAC) is responsible for enforcing consumer protection laws with respect to the federally regulated financial institutions (i.e. banks), and various voluntary codes with the financial industry. 
 
Residential Tenancy Branch
1-800-665-8779
 
The Residential Tenancy Branch (RTB) promotes the understanding of tenants and landlord rights under the laws of BC. If the tenant and landlord cannot reach an agreement over an dispute, the RTB may hold a dispute resolution hearing to settle the dispute with an arbitrators. 

Tuesday, February 9, 2016

Q&A - Why not become a lawyer?

Why don't you just become a lawyer?

I get this question all the time when I introduce myself to others as notaries. Before answering the question, it is important to understand the legal profession first.

It is hard to explain our role in non-contentious legal work unless I am speaking to a person who understands 'lawyers' encompasses two distinct roles: Barrister and Solicitor. Traditionally, those two professions play distinctly different role in the legal system. A Barrister's role is to advocate for their clients in courts - complex litigations, appeals to the final courts of appeal or speciality areas of law. They are retained by the solicitor to advocate for the client, and do not generally deal with 'simple' legal matters. On the other hand, a Solicitor's role is to provide legal advice in both contentious and non-contentious matters and draft all the necessary paperwork for the client or barrister.

Section 19 of the Legal Profession Act of BC makes it clear a lawyer who is admitted to the bar in BC is admitted as both Barrister and Solicitor (and is also a notary public). Some countries such as the US, Canada and Singapore have a fused profession that allows a lawyer to practice in both roles. Other jurisdictions such as England, Ireland, Hong Kong and some Australian states continue to maintain them as distinct professions.

As a notary public in BC, it is my role to provide legal advice in non-contentious legal matters. We handle conveyancing, contract, wills & estates and personal planning work - work that would be undertaken by a solicitor if notaries did not exist. Some lawyers restrict their practice to certain areas of law such as conveyancing matters. In such scenario, BC notaries can already undertake the exact same work as lawyers do. Indeed, we are held to the same standard as lawyers.

Notaries have its presence in BC since 1865, and were the first legal professional available. In contrast, lawyers have only been in BC since 1869. Lawyers and BC notaries have co-existed ever since in providing their respective clientele legal services.

The bigger question as to why I would not want to become a lawyer?  First, law school graduates must undergo a formal process called clerkship (providing legal research and assistance for judges) or articling (pupilage in other jurisdiction) with a supervising lawyer before they can be licensed to independently practice law. Articling positions are increasingly difficult to find. Indeed, some have resort to unpaid articleship in a historically paid role to complete their final journey to becoming a lawyer.

Secondly, while most people think of lawyers as the only legal professionals available; more and more jurisdictions are engaging in the idea to expand access to legal service. For example, England and Wales offers the traditional solicitors and barristers, but also allows Chartered Legal Executives, Notaries, Licensed Conveyancers and Probate Practitioners to practice in wide ranging areas of law. Washington State also recently launched its Limited License Legal Technicians scheme to expand access to legal service/advice. As such, you can see being a lawyer is not the only way to practice law. I enjoy doing the work that I do as a notary, and feels I can satisfy my client's needs with the education I have in law without resorting to a law degree.