1 I Have to Go to Court, and I’m So Confused! How to Help the Self-Represented Litigant Beyond Hope Conference June 2015 Janet Freeman and Evelyn Lindsay, Courthouse Libraries BC

2 Goals of this workshop By the end of this workshop, you will be able to:  Identify the challenges faced by a self-represented litigant  Explain how to approach legal research  Recommend a wide range of legal research tools to your patrons by referring to the Beginner’s Guide to Finding Legal Information.

3 Overview  Introductions  The Self-Represented Litigant  Beginner’s Guide to Finding Legal Information - a Clicklaw Wikibook.  Sample legal research questions  Questions and discussion

4 Workshop handouts: go to bclawmatters.ca Click on Conference Materials link:

5 A website with plain language legal info Online resources that are frequently updated and can be printed Helps public libraries provide current legal information CLBC website and legal reference assistance Courthouse Libraries BC helps both lawyers and the public find and use legal information. There are 4 programs that help the public:

6 What Can Help With  Law books and legal databases on public computers with case law, legislation and information about legal procedures.  Assistance from law librarians in-person, via telephone at , and  Website courthouselibrary.ca features legal information aimed at legal communitycourthouselibrary.ca  Libraries in 28 BCCourthouses

7 Questions from the public:  30% of total in 2007  49% of total in 2014 Rise in public’s use of

8 The Self Represented Litigant

9 disintermediation

10 From the National Self-Represented Litigants Project (NSRLP )

11 NSRLP research findings on challenges of SRL’s:  “(Representing yourself) is like going as an agnostic to a religious court.”  SRL’s want to be treated as a real participant in the justice system, and not just as a nuisance who is getting in the way of the professionals  Many rules do not make intuitive sense to a layperson  Huge amount of time involved, and cost of filing fees. Lawyers can cost $350/hour. Many SRL’s start with a lawyer, but run out of funds.

12 The Beginner’s Guide to Finding Legal Information Clicklaw Wikibook The Beginner’s Guide to Finding Legal Information  * Currently in draft mode, more edits to come  Looking for feedback, suggestions to improve

13 Clicklaw Wikibooks wiki.clicklaw.bc.ca

14 Features of Clicklaw Wikibooks  Online version updated frequently  Fully searchable  Available in a variety of formats: online wiki, PDF and EPUB

15 Example of an online self-help guide smallclaimsbc.ca

16 Using the Guide’s legal information pathway: First step: Search Clicklaw resources under the key word bankruptcy, or try the common question “I’m thinking about declaring bankruptcy” ClicklawI’m thinking about declaring bankruptcy Second step: find practical guides, such as Personal Insolvency Guide and Consumer Law and Credit/Debt Law online, as well as books at public libraries such as Bennett on Consumer Bankruptcy and Bankruptcy and Insolvency Law.Personal Insolvency Guide Consumer Law and Credit/Debt Law Third step: find options for more in-depth research, such as the Annotated Bankruptcy and Insolvency Act (Courthouse Libraries and some public libraries).Annotated Bankruptcy and Insolvency Act Fourth Step: legislation and case law Legislation: Bankruptcy and Insolvency Act, in particular S. 67.(1) (b.3)S. 67.(1) (b.3) Case law: at CanLII use keywords “bankruptcy /s RRSP” Or try the larger databases of case law at Courthouse Libraries BC (available to the public on public access computers)CanLII Sample question #1: How do I file for bankruptcy, and how would RRSPs affect my application?

17 Sample search #2 : theft of horse and ‘gratuitous bailment’

18 Example of research resource at Courthouse Libraries: Halsbury’s Laws of Canada

19 Online case law research: CanLII.org

20 Sample search #3: Example of search using Beginner’s Guide: Decisions on Overtime wages Question: Patron wants to read some decisions about domestic workers and overtime wages. Search Strategy: 1.From the Guide’s section Which area of law does my problem fall under? see the section on Administrative Law, which links to a website and a Clicklaw common question. 2.Click on the Administrative Law BC link, and look for the Employment Standards Tribunal (EST). 3.Click on the EST website link, then click on Decisions – Search All Decisions. 4.In Search box, type overtime domestic worker which results in 28 cases.

21 1.Go to CanLII.org 2.Select British Columbia 3.Enter search terms “slip and fall” safeway 4.Go through results and evaluate for relevancy. Sample search #4: Case law research “Where can I find a case involving a "slip & fall" incident against a BC Safeway store?”

22 S ample questions answered by Courthouse Libraries BC staff:  Do you have a book which will explain what happens at a pre-trial civil case planning conference?  How much will a personal injury case like this pay?  I haven’t been able to find this case online; can you help me find it?  What is involved to prepare a bill of costs in a family case?  Where could I find a form for warehouse storage rental?

23 Legal Information v. Legal Advice  Very hard to tell the difference sometimes!  Essentially, only provide information that you can point back to in a resource. Example  Can my landlord evict me and move his parents in?  According to this resource, a landlord must give 2 months written notice if a close family member moves in.

24 Contact us Janet Freeman, LawMatters Program Coordinator Courthouse Libraries BC or Evelyn Lindsay, Kelowna Branch Manager Courthouse Libraries BC