1. Legal Aid Advisory Committees Poverty Law November 5, 2009

2. 2 Introduction Document discusses poverty, clinic law services and access to justice Outline of document: 1.LAOs mandate and responsibilities 2.Clinics role and services 3.Poverty in Ontario 4.External environment 5.Profile of LAO-funded clinics 6.Ideas and thoughts on delivering more and better services to clients

3. 3 Ministers Announcement MAG Announcement on Poverty Law Services: –The increased legal aid investment will mean that the clinics can serve more people. They will also be a central part of coordinated legal supports that respond to the full range of issues - from landlord and housing issues to employment issues - that those in difficult situations are faced with every day. Initiatives include: More people served, and a broader range of information available with more upfront access to it Integration of inter-ministerial anti-poverty measures and social services/clinics Establishment of an advisory group

4. 4 1.LAOs mandate and responsibilities

5. 5 LAOs mandate and responsibilities LAOs mandate includes: Administer a cost-effective and efficient system for providing high quality legal aid services to low-income individuals in Ontario within the available financial resources Monitor and supervise legal aid services provided by clinics Identify, assess and recognize the diverse legal needs of low-income individuals and of disadvantaged communities in Ontario Encourage and facilitate flexibility and innovation Operate independently from the Government but within a framework of accountability for the expenditure of public funds Establish policies & priorities based on available financial resources Facilitate co-ordination among the different methods by which legal aid services are provided and co-ordinate services with other aspects of the justice system and with community services

6. 6 LAOs mandate and responsibilities LAOs responsibilities include: LAOs may fund clinics to enable clinics to provide legal aid services to low-income individuals or disadvantaged communities, s. 33(1) In deciding whether to fund a clinic, LAO shall consider (among other things) the legal needs of the individuals or communities, the cost-effectiveness and efficiency of providing legal aid services through the clinic, past performance, legal needs of other communities, LAOs policies and priorities, s. 33(2) and (3) LAO may impose terms and conditions on the funding of a clinic, s. 33(5)

7. 7 2.Clinics' role and services

8. 8 Clinics role and services Clinics role: Clinics are the foundation for providing clinic law services, s. 14(3) Clinics must report to LAO in the form and at the times requested by the Corporation, s. 37(2) Clinic boards must ensure that the clinic complies with LASA and the terms and conditions of funding, any direction issued by LAOs board, and that the clinic meets the operational standards established by LAO, s. 39(1) Subject to the Act, clinic boards shall determine the legal needs of the individuals and communities served or to be served by the clinic and shall ensure that the clinic provides legal aid services in the area of clinic law in accordance with those needs, s. 39(2) Clinic boards shall advise LAOs clinic committee on matters relevant to the provision of legal aid services by means of clinics, s. 39(3)

9. 9 Clinics role and services Clinics services: Clinics provide poverty law services to low- income Ontarians in a variety of areas of law that particularly affect low-income individuals or disadvantaged communities, including: (a) housing and shelter, income maintenance, social assistance and other similar government programs, (b) human rights, health, employment and education Clinics primarily assist clients who are in conflict with the state, but also with private landlords, employers, service providers and others

10. 10 Clinics role and services Clinics services: Clinics use a mix of staff (lawyers, CLWs, paralegals, students, intake and support staff) to provide a variety of services, including: –Community development –Representation at tribunals and in court –Law reform –Brief services, summary advice, information and assistance with self-help –Public legal education –Outreach Clinics work in tribunals more than in courts

11. 11 3.Poverty in Ontario

12. 12 Poverty in Ontario Lives of people with low-incomes are regulated in ways that are overarching, complex, intersecting, and intrusive (McCamus Review) People with low-incomes experience cascading problems:Without early intervention, one problem triggers others that put greater demands on other programs (Trebilcock) Poverty is connected to social location: women, racialized individuals and communities, Aboriginal peoples, newcomers, persons with disabilities, and seniors are more likely to experience poverty (Poverty Reduction Strategy) Some individuals and communities have unique needs, rights and barriers that require tailored solutions

13. 13 Poverty in Ontario

14. 14 Poverty in Ontario

15. 15 4. External Environment

16. 16 External Environment Accountability for Public Spending Ontarios Poverty Reduction Strategy Trebilcock Report (2008)

17. 17 External Environment Accountability for Public Spending –LAO spent $67.5 million on clinic funding in 2008/09 Clinic budgets range from approx. $330,000 to $1.8 million –LAO is responsible for monitoring and supervising clinics (LASA) –LAO must ensure compliance with Transfer Payment Accountability Directive –LAO and clinics must provide value for taxpayers money

18. 18 External Environment Ontarios Poverty Reduction Strategy –Take a person-centred approach and break down silos –Ensure programs interact to achieve goal of reducing # of children living in poverty by 25 % over 5 yrs –Monitor indicators: Depth of poverty, Low-income measure, School readiness, Educational progress, High school graduation rates, Birth weights, Ontario Housing Measure, Standard of living –Recognize Ontarios diversity and the unique needs, rights and barriers of certain communities and individuals

19. 19 External Environment Trebilcock Report (2008) –Holistic, integrated response to cascading problems: Avoid endless referrals tied to particular institutions (a silo approach) rather than particular individuals needs and leading to referral fatigue, which leaves many problems unresolved (p. vi) –Coherent structure for delivering poverty law services in Ontario: Determining where clinics fit in a broader strategic conception of the legal aid system; stronger focus on service integration (p. xi) –Single entry point or one-stop approach to poverty services

20. 20 5.Profile of LAO-funded clinics

21. 21 Profile of LAO-funded clinics 79 clinics: –North: 10 clinics –Central East: 17 clinics –GTA: 22 clinics –South West:17 clinics –13 clinics with a province-wide mandate Clinics differ in terms of: –# of staff (3 to 18) –# and type of services provided –size of catchment area / population density

22. 22 6. Ideas and thoughts about delivering more and better services to clients

23. 23 Delivering more and better services to clients What does serving more clients mean? –Focus on groups / individuals who have trouble accessing justice (e.g. rural individuals / communities and linguistic minorities) ? –Focus on providing more services to those who experience the greatest depth of poverty ? –Focus on providing more services to groups currently served by the clinics ? –Focus on providing services to new clients (e.g. legal information that can be made available to the middle class: Trebilcock) ? Consider: –Who needs more service? –Who needs a greater range of services?

24. 24 Delivering more and better services to clients How do we ensure we are providing more and better services to clients? –Innovation, Measurement, Prioritization, Accountability and Coordination? …the first thing you do when you want to improve something is to measure it. (Poverty Reduction Strategy, p. 34) –Integration? Multi-disciplinary clinics that provide legal, social and health services under one roof (recommendation to Trebilcock, p. 51) Determining where clinics fit in a broader strategic conception of the legal aid system; stronger focus on service integration

25. 25 Delivering more and better services to clients –Technology? Clinics have used technology to expand reach of services –CLEO: More than 1 million downloads of public legal education materials from CLEO website in the last year. CLEO is exploring the possible form and shape of a comprehensive public legal information site for Ontario –CRO: Website has tens of thousands of searchable documents relating to clinic legal practice, including decisions, case analyses, research memoranda, practice notes, factums, precedents and government policies – most of which are not available from any other source –Knowledge Management and Transfer Committee: Joint clinic- LAO initiative will make recommendations for knowledge management within the clinic system