THE LAW COURTS OF BRITISH COLUMBIA There are 3 levels of courts in British Columbia: 1. The Provincial Court of British Columbia (“Provincial Court”) 2. The Supreme Court of British Columbia (“BCSC”) 3. The British Columbia Court of Appeal (“BCCA”) The court you file your case in and then appear in will depend upon the nature of your case. A. The Provincial Court of British Columbia (“Provincial Court”) (There are LOTS of online resources at the Provincial Court of British Columbia website: http://www.provincialcourt.bc.ca/) For most British Columbians, the Provincial Court is the face of justice in BC. It may be the busiest level of court in the province, hearing in excess of 225,000 cases per year at over 80 locations across the Province! The Provincial Court is the first level of trial court (a trial court is a court in which live witnesses testify under oath) in the Province. It is a statutory court created by the Provincial Court Act and the kinds of cases it can hear are set out in that Act. There are 3 main divisions: (a) Family Court and Child Protection – You may wish to file in the provincial court if you have a family law matter that falls solely under the Family Law Act (the “FLA”), for instance, your matter does not include a divorce claim or division of family property. Over 50% of family law matters are heard in Provincial Court. (b) Small Claims Court – This is where you will want to file a civil lawsuit if the amount you are suing for is less than $25,000. (c) Criminal Court – Most criminal law matters (over 95%) will appear in provincial court at least to begin. The provincial court also deals with Young Offenders. The majority of traffic and by-law cases will also be heard in the Provincial Court. The current Chief Judge of the Provincial Court is Chief Judge Thomas Crabtree B. The Supreme Court of British Columbia (“BCSC”) (Online information and Court Forms can be found at: http://www.courts.gov.bc.ca/supreme_court/) The Supreme Court of British Columbia is the province’s superior trial court and it is a court of general and inherent jurisdiction rather than statute. This means that almost any type of legal case (civil, family, criminal) can be heard at the Supreme Court. The exceptions are legal matters that legislation has specifically designated to a different court, administrative board or tribunal to that type of case. The Supreme Court has about 109 judges who travel throughout the Province. In 2014, the BC Supreme Court had over 67,000 new cases including: - 1,137 criminal cases (includes Criminal Code, Controlled Drugs and Substances Act, bail reviews and Extradition Act proceedings); - 11,758 family cases (including Divorce Act, Family Law Act and Adoption Act); and - 54,466 civil cases (including motor vehicle and other bodily injury, debt collection, breach of contract, foreclosure, bankruptcy, probate, judicial review and appeals). The BC Supreme Court also hears some appeals. In particular, the BC Supreme Court acts as an appellate court when a party wishes to appeal a decision made by a tribunal or a Provincial Court Judge. The current Chief Justice of the BC Supreme Court is Chief Justice Christopher Hinkson. C. The British Columbia Court of Appeal (“BCCA”) (http://www.courts.gov.bc.ca/Court_of_Appeal/) The British Columbia Court of Appeal is the highest level of court in the province. It has 15 judges plus some supernumerary judges. The Court of Appeal reviews the decisions made at the BC Supreme Court as well as some criminal decisions from the Provincial Court and appeals from some administrative boards and tribunals. This is an Appellate court not a trial court which means that it does not generally hear witnesses but simply determines whether there were any legal errors made by the lower court. The only appeal from the BC Court of Appeal is to the Supreme Court of Canada in Ottawa. Appeals can generally only be taken there on matters of national importance and require leave (permission of the Supreme Court of Canada) to appeal. This means that the BC Court of Appeal is effectively the court of last resort for almost all legal matters in the Province. The Chief Justice of British Columbia, currently Chief Justice Robert James Bauman, heads the Court of Appeal. NEED HELP WITH YOUR COURT FORMS? THE JUSTICE ACCESS CENTRE (the “JAC”) The tour introduces you to the Justice Access Centre (the “JAC”). The website for the Justice Access Centre is: http://www.ag.gov.bc.ca/justice-access-centre/vancouver/. You will find information here to assist you in preparing your case and understanding the process. The service is strictly drop in (you cannot phone with questions) and the hours of operation are 8:30 to 4:00 – closed holidays and weekends. The JAC may also close between 12:00 to 1:00 depending on staffing. The JAC’s services are primarily restricted to BC Supreme Court civil and family matters (other than a limited pilot project for family appeals to the BC Court of Appeal). AMICI CURIAE PARALEGAL SERVICES Each Wednesday from 5:30 to 7:30 pm, Amici Curiae paralegal volunteers help self-represented litigants complete their civil court forms and simple family Orders at the Vancouver Justice Access Center. There are two time slots: 5:30 pm and 6:30 pm. Booking clients can be done through JAC's intake office through Matt Critchley or Angela Chong at 604.660.8404. Free assistance is provided by paralegals with completing: a. Supreme Court of BC civil court forms; b. Supreme Court of BC family court forms for; i. Judicial Case Conference Orders; ii. after chamber applications; iii. Final Orders (Form 52) , or iv. other Orders (like Consent, Without Notice, Protection); c. BC Human Rights Tribunal forms; d. forms relating to employment, foreclosures and residential tenancy matters. A new service will be available beginning June 6, 2015 to help temporary foreign workers draft their uncontested divorce applications. For further information and additional resources (which can be downloaded) including Guide to Civil Litigation in the Supreme Court of BC for Self-Represented Litigants (extract) see: http://lawcourtscenter.camp7.org/page-1770376 LEGAL ADVICE AND INFORMATION Access Pro Bono Society of BC Volunteer lawyers provide pro bono legal advice for 30 minutes at legal clinics throughout BC. There are also roster programs that provide legal representation in specific areas of law or in particular courts. Tel: 604-878-7400, Toll Free: 1-877-762-6664, www.accessprobono.ca Amici Curiae Volunteer paralegals provide free assistance to self-represented litigants to complete their BC Supreme Court civil and family court forms and Orders at the Vancouver Justice Access Center. Assistance is also provided with BC Human Rights Tribunal forms as well as forms relating to employment, foreclosures and residential tenancy matters. Intake is through the JAC intake office. Tel: 604.660.8404, http://lawcourtscenter.camp7.org/page-1770376 A new service will be available through Amici Curiae beginning June 6, 2015 to help temporary foreign workers draft uncontested divorce applications. Contact number TBD (to be determined). BC Centre for Elder Advocacy & Support BC CEAS operates a legal advocacy telephone line and provides information, referrals, and legal advocacy to seniors and the people who work with seniors province-wide. Tel: 604-437-1940, Toll Free: 1-866-437-1940, info@bcceas.ca, www.bcceas.ca BC Civil Liberties Association Assists members of the public who are dealing with civil liberties issues. Some examples include those relating to police accountability, privacy violations, access to information requests, or free speech and freedom of expression. Tel: 604-630-9754, Toll Free: 1-866-731-7507 ext. 208 www.bccla.org BC Human Rights Coalition The BC Human Rights Coalition (BCHRCH) provides initial information and advice about human rights issues and assistance with preparing a human rights complaint, BCHRC will provide representation before the BC Human Rights Tribunal on complaints that raise novel or systemic issues. Toll Free: 1-877-689-8474, www.bchrcoalition.org BC Public Interest Advocacy Centre (BCPIAC) Free legal advice and representation for clients with problems in specific areas of law, including utilities regulation, social justice law and poverty law. Tel: 604-687-3063, www.bcpiac.com Clicklaw The Clicklaw website provides the public with a single point of access to hundreds of public legal education and information resources and legal services in BC. www.clicklaw.bc.ca Community Legal Assistance Society (CLAS) Provides legal assistance to disadvantaged people throughout BC. The work of CLAS includes test cases and Charter litigation. Tel: 604-685-3425, Toll Free: 1-808-685-6222, www.clasbc.net 1|Page Courthouse Libraries BC Operates courthouse libraries around the province with print and electronic information on all areas of the law, and a toll-free number for legal reference questions. 604-660-2841, Toll Free: 1-800-660-2841, www.courthouselibrary.ca Dial-a-Law A Canadian Bar Association service. This telephone service provides recorded information about various legal problems. The scripts are also available on online. 604- 687-4680 www.cbabc.org/For-thePublic/Dial-A-Law Disability Alliance of BC Provides advocacy and support to persons with disabilities. Province-wide – Civil, Disability, Family and Human Rights. www.disabilityalliancebc.org Justice Access Centre The Justice Access Centre provides information and help with family and civil law issues that affect everyday life, such as separation or divorce, income security, employment, housing or debt. www.ag.gov.bc.ca/justice-access-centre Justice Education Society The Justice Education Society has programs and resources to improve access to British Columbia’s justice system. The Society has publications, websites and instructional videos with information on the justice system. www.justiceeducation.ca Law Student’s Legal Advice Program (LSLAP) LSLAP offers free legal advice and representation to persons who cannot afford it, throughout the Greater Vancouver Regional District. Their clinicians are law students at UBC at all levels of study, and are assisted by accredited members of the bar who provide students with legal advice and guidance for each client. Tel: 604- 822-5791, www.lsap.bc.ca Lawyer Referral The Lawyer Referral Service can provide the name of a lawyer who specializes in the area that your case requires for a half-hour appointment. The cost is $25 plus taxes for ½ hour. Tel: 604-687-3221, Toll Free: 1-800-663-1919, http://www.cbabc.org/For-the-Public/Lawyer-ReferralService Legal Services Society (LSS) Duty counsel provides legal advice and assists with court appearances without charge regarding certain matters in family and criminal law cases at various courthouses throughout BC. Tel: 604-408-2172, Toll Free: 1-866-577-2525, www.lss.bc.ca Legal Aid Call Centre/Family LawLINE If you're 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. (interpreters available in over 100 languages) Tel: 604-408-2172, Toll Free: 1-866-577-2525, www.lss.bc.ca MOSAIC BC Multilingual non-profit organization dedicated to addressing issues that affect immigrants and refugees in the course of their settlement and integration into Canadian Society. Tel: 604-254-9626, Email: mosaic@mosaicbc.com, www.mosaicbc.com 2|Page Peoples Law School The People's Law School provides public legal education and information (PLEI) to people interested in learning more about the law. Tel: 604-331-5400. For a complete list of resources and events visit http://www.publiclegaled.bc.ca. PovNet The PovNet web site (www.povnet.org) provides up-to-date information about welfare, housing, unemployment, disability and human rights issues. PovNet links to resources for seniors, immigrants and refugees, women, youth, workers, people with disabilities, Indigenous and Inuit people. Our "Find an Advocate" map assists people in finding help from community advocates across British Columbia. Provincial Court of BC In British Columbia most cases are held in Provincial Court. Their website, www.provincalcourt.bc.ca provides information on how to prepare for court and the court process depending on whether your case is Criminal, Family, Small Claims or Traffic & Bylaw. Tenant Resource & Advisory Centre The Tenant Resource & Advisory Centre (TRAC) is a not-for-profit society that provides information, advice and occasional representation for tenants with residential tenancy problems. 604-255-0546, toll Free: 1-800-665-1185 www.tenants.bc.ca West Coast Environmental Law West Coast Environmental Law helps communities get the legal support that they need to protect their environment – by providing initial legal advice, environmental law information and in some cases funding to help with the costs of a lawyer at a legal aid rate. Tel: 604-684-7378 Toll-free: 1-800-330-WCEL. www.wcel.org. 3|Page