Shaping New Directions: Linguistic and Rural Access

to Justice

Presented to the Learn, Grow, Connect conference on practicing

community legal education in a diverse Ontario, Oct 6, 2008

George Thomson and Karen Cohl

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Project premise

When people need legal information or advice, it is often at a time of crisis or pivotal

events in their lives. Living in a rural or remote area of the province, or not speaking English or French, should not be barriers to

meeting their fundamental legal needs.

Premise of the Linguistic and Rural Access to Justice Project:

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Purpose of this presentation

Describe findings and directions we are considering as we complete the final stages of the project

Generate discussion and feedback from conference participants to inform final report due to Foundation in November See handout on your table Come to “drop-in” café to give input We’ll be back to report on what we heard

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The project

Research Literature review and informal interviews (began Feb 2008)

Consultation Consultation guide (May 2008) Formal and informal consultation meetings Written submissions Vetting ideas (in progress)

Final report Recommend how the Foundation, working in partnership

with other organizations, can make a strategic investment to improve linguistic and rural access to justice

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Context: linguistic access

Ontario has about 1.8 million people who most often speak languages other than English or French at home

Language and cultural barriers mean: People may not be aware of their rights, the legal system,

or legal services They not be able to read or understand public legal

information or to communicate with legal service providers They may be isolated from mainstream sources of

information and require targeted outreach

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…Linguistic access

Other challenges: Shortage of legal professionals who can provide legal

information and advice in the client’s language Labour-intensive to produce translations that are clear,

legally accurate and culturally relevant Lack of access to qualified interpreters

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Context: rural or remote access

No matter what definitions are used, a significant portion of Ontario’s population lives in rural or remote areas

Distance is a major barrier Trend toward the removal of services from local

communities to regional centres Lack of public transit and other transportation challenges Online and 800-number services are inaccessible to many

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…Rural or remote access

Other challenges Privacy and stigma of seeking legal help Social isolation and poverty rates Shortage of legal professionals in rural or remote areas

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Key findings

These are fundamental access to justice issues

Vulnerable populations need legal service more than “self-help”

There is general agreement on the priority areas of law

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…Key findings

We need to create a system, not an entity Community agencies are an essential part of that system Ontario can take advantage of its unique network of

community legal clinics A commitment to collaboration is the foundation for

effective and sustainable results

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Guiding principles

From the Consultation Guide

Solutions must work in the Ontario contextCollaboration is essential to create synergy, use our collective

strengths, and respond in holistic waysWe should be open to trying different things in different

communitiesWe should not over-invest in current technologySolutions should be tested, evaluated and adaptedThe Law Foundation should act as a catalyst through strategic

funding without assuming responsibility of other bodies

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Guiding principles

From consultation meetings & submissions

Knowledge is an essential element of access to justiceWhere possible, persons should receive legal information and

advice in their first languageDisability access and accommodation are principles grounded

in the law and need to be reflected in solutionsTechnology has promise but does not work for everyoneAnswers need to be practical and affordable

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Overarching vision

In keeping with the principles and all we heard and learned, we are suggesting the following as an overarching vision:

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…Vision

Building a SystemLegal and non-legal organizations work together as a coherent system to improve access to legal information and services for persons who don’t speak English or French or who live in rural or remote areas of Ontario, especially those who are low-income, marginalized or vulnerable.

A Catalyst for CollaborationThe Law Foundation of Ontario serves as a catalyst for collaboration through strategic funding to make this system a reality.

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What would a system look like?

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Fundamentals

Learning system Testing, evaluation, learning from experience, sharing

knowledge

Partnership approach Legal and non-legal organizations (mutual support) Local, regional and provincial services Collaboration at all stages

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1. Recognizing a legal problem

What client would experience How system would work

Learn from organizations they consult if problem has a legal component and how the law might assist

Legal professionals help community organizations to recognize the legal components of problems

If living in isolation due to language or geography, receive public legal information on how the law might assist

Outreach to help “hard to reach” get legal information at places they already go

e.g. community & multicultural media; ESL, literacy and school programs; community information sessions

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2. Information to understand the problem

What client would experience How system would work

Basic information from a legal professional or “trusted intermediary”

Legal professionals support community organizations to build capacity (e.g. training, interactive websites)

Information available in print, audio, website and hotlines

Technology linked, coordinated, multilingual, and accessible (with navigation help)

Information on key issues in priority languages and accessible formats

Translations vetted by community advisors and bilingual lawyers

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3. Legal referral & summary advice

What client would experience How system would work

Easy access to summary advice and referral

Coordination of legal referral and summary advice services to prevent “referral fatigue”

LAO point of contact to help navigate network of legal aid services

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4. Advice & representation (rural / remote)

What client would experience How system would work

Wherever one lives, access to legal advice aided by technology

Test use of technology (e.g. videoconference) to help connect vulnerable people or intermediaries with legal service providers

Where possible, legal services available in rural and remote communities

Test programs that bring legal services to the community (e.g. mobile service or student placements)

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5. Advice & representation (linguistic)

What client would experience How system would work

Where possible, legal services in person’s language

Directories of practitioners; articling for foreign-trained lawyers with languages; capacity of specialty clinics

High-quality language interpretation in person, videoconference, or phone. Sign-language for persons who are Deaf.

Planned approach to interpretation services e.g. standards, education, protocols, glossaries, cultural sensitivity

At a minimum, telephone interpreters for legal meetings

Make telephone interpretation available for legal aid and pro bono

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6. Self-Help

What client would experience How system would work

Self-help tools for people who choose to proceed on their own

System would try to give vulnerable clients direct access to service

Develop supports to help make best use of access to legal professionals

Develop tools to help people proceed on their own with parts of legal process if necessary

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How could the Law Foundation help us to move toward the system?

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Proposed approach

Catalyst role:1. Build partnerships

Instead of creating or assigning one organization to lead the overall initiative, create consortia and advisory groups with funded staff support where necessary

2. Build key components of the system Conduct a few major projects with potential to make an

impact on linguistic and/or rural access to justice

3. Select a region for system-wide planning Bring together legal and non-legal partners in one area of

the province to collaborate on a regional plan for linguistic and rural access to justice

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…Proposed approach

We are considering 3 major projects that could be put forward to Law Foundation for funding

We are also exploring possible complementary solutions

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Potential priority projects

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Potential Project #1:

Community Capacity

Enhance the capacity of non-legal organizations to provide basic legal information and referral for their clients as a strategy to reach linguistic minorities and persons living in rural or remote areas

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Rationale

People in target populations often seek out ethno-cultural or settlement service agencies local social service, justice or health organizations disability organizations general information and referral services (e.g. 211)

Enhancing the capacity of such organizations is a strategic way to improve both rural and linguistic access

Builds on practices already in place

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Possible components

Formally connect non-legal organizations to legal professionals (two-way support)

Create generic and customized training modules delivered by clinics, pro bono lawyers, or colleges

Provide real-time assistance through an interactive website or hot line that organizations could use when helping clients who have legal problems

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Potential Project #2:

Regional Planning Model

Test the benefits of having local and provincial justice and community partners work collaboratively within a region to systematically achieve the vision for linguistic and rural access to justice

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Rationale

Achievement of the vision depends on collaboration by organizations inside and outside the justice system, building on practices already in place

Plans developed in this way can: Create solutions that work for specific geographic areas. Reduce duplication Use existing resources better and make the case for more

Objective: examine benefits that flow from seeing oneself as part of a system of services and not just a separate provider

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Possible components

Start Up Select geographic region with rural & urban areas,

linguistic diversity, and partners keen on systems approach Identify core group and broader advisory group, supported

by small secretariat

Develop Regional Plan Convene a conference of regional and provincial partners Develop a linguistic and rural access to justice plan for the

region. Include protocols and testing of technology solutions.

Implement the Plan Implement parts of plan that can be done without additional

funding. Request additional funding to implement the rest.

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Potential Project #3:Legal Interpretation Network

Build a network to develop standards and practices for language interpretation to help clients who do not speak English or French to communicate with providers of legal information and advice

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Rationale

Wherever possible, legal information and services should be available in one’s language. However, there can never be enough legal practitioners for every language and dialect.

Therefore it is important to foster a community of practice, standards and protocols for language interpretation in legal settings.

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Components

Bring together Ontario interpreter services and legal, community and government organizations to: Plan for development of standards and strategies Learn from the Ontario experience in domestic violence

interpretation, Ontario Health Interpretation Network, and other jurisdictions such as BC and Australia

Conduct follow-up work to: Implement next steps Sustain the momentum and define ongoing roles

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Possible additional approaches

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Priority areas

Five additional areas for short- or longer-term progress

Roles need to be defined for each Law Foundation in catalyst role: contribute funding or

encourage other partners In keeping with guiding principles, we would not ask the

Foundation to fund things within the mandates of other bodies

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Supply of legal services

Create articling positions in community clinics for foreign-trained lawyers who speak multiple languages

and for rural and remote clinics

Build capacity of specialty clinics to be expert resource on strategies for serving clients in own language

Create on-line lawyer language directory Work on ways to increase supply (including

pro bono) to serve in languages and in rural/remote areas

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Telephone interpretation

Ensure telephone interpreter services are available for client services in Legal Aid Ontario network Consider as an essential service

Make telephone interpreters available for pro bono lawyers

Negotiate bulk contracts for economies of scale

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Technology

Test ability of the system to share technology by making existing video conference facilities available for: client meetings with clinic, certificate and pro bono lawyers

(with language or sign-language interpreters when needed) training of community organizations regional planning meetings

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Clearinghouse

Create online clearinghouse of information and evaluations on linguistic and rural access to justice

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Reaching isolated communities

Encourage government to maintain support for innovative projects to reach vulnerable and isolated populations with urgent legal needs, where evaluations show results or significant progress

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Drop-in Café:Linguistic and Rural Access

Drop by the Elm Room on 2nd floor to tell us what you think about the ideas we are considering for our report to the Law Foundation

Café Hours

Monday

12:15 – 1:15 p.m.

3:45 – 4:15 p.m.

Tuesday

8:30 – 9:00 a.m.

11:30 – 11:45 a.m.

12:45 – 1:45 p.m.