Outstanding Warrants and Welfare

This script explains that, as of June 1, 2010, you cannot get welfare in BC if there is an outstanding warrant for your arrest. It describes when the rule applies and the exceptions to it.

What is a warrant?

A court document that authorizes the police to arrest a person.

What is an outstanding warrant?

A warrant that the police have not acted on – meaning the person has not been arrested.

What is “welfare”?

In this script, welfare means income assistance, hardship assistance, disability assistance, and other types of financial help under the BC Employment and Assistance Program.

How does an outstanding warrant affect welfare?

As of June 1, 2010, if there is an outstanding arrest warrant for you for an indictable or hybrid offence anywhere in Canada, you cannot get welfare in BC. You have to do something about the warrant before you can get welfare. This change is in section 15.2 of the Employment and Assistance Act and section 14.2 of the Employment and Assistance for Persons with Disabilities Act. These BC laws, and their regulations, are available at www.bclaws.ca.

Indictable offences are the more serious ones, usually under the Criminal Code or the Controlled Drugs and Substances Act. They include aggravated assault, theft over $5000, drug trafficking, and murder. Less serious offences are called summary offences. Some offences, such as assault, assault causing bodily harm, theft under $5000, and breaking and entering a non-dwelling house can be either indictable or summary – they are called hybrid offences. The prosecutor can choose to proceed either summarily or by indictment in these matters.

The new rule prohibiting welfare payments if there’s an outstanding arrest warrant also applies to warrants under the Immigration and Refugee Protection Act (Canada).

These 3 federal laws are available at http://laws.justice.gc.ca/en.

How does the government know if there is an outstanding warrant for your arrest?

You have to say if you have any outstanding warrants when you apply for welfare and when you report monthly as you receive welfare. If you don’t tell the truth, you can be penalized and lose payments. You also have to agree that the government can check the information you report.

But you may not know if you have an outstanding warrant. For example, even if there was a warrant for your arrest, it may have been canceled if the prosecutor “stayed” the charge (did not proceed with it). Or you may know there’s a warrant, but not know if it’s for an indictable or hybrid offence. So the most accurate answer may be that you don’t know if there’s an outstanding warrant for your arrest. The government can then check for any outstanding warrants for your arrest and what type of offence they are for.

Dealing with an outstanding warrant

How you deal with an outstanding warrant depends on the facts of the case and the offence you are charged with. You have various options. For example, you can call the prosecutor in the location where the warrant was issued to ask if the warrant can be canceled. Or you can go back to that place to deal with it. Or you can talk to a prosecutor in BC about resolving the warrant.

It’s important to get legal advice before you decide what to do. For details, check the CLAS website listed at the end of this script.

Appeals

If the government says you can’t get welfare or it cuts you off from welfare, you can appeal that decision. First, you ask for a reconsideration. If that doesn’t work, you can appeal to the Employment and Assistance Appeal Tribunal. Check script 288, “Income Assistance: Reconsiderations and Appeals”, for more information.

If you lose the reconsideration and the appeal, you may be able to get legal help from the Community Legal Assistance Society. Check its website at www.clasbc.net—click on “How to Get Legal Help”, then on “Self-help Guides”, and finally on “Outstanding Warrants” factsheet.

Exceptions

The family of a person with an outstanding warrant is still eligible for welfare. Children, pregnant women, and people in the end stage of a terminal illness can still get welfare if there is an outstanding warrant for their arrest.

Financial help if you can’t get welfare because of an outstanding warrant

You may be able to get a repayable monthly supplement for up to 3 months to avoid undue hardship (or for up to 6 months in exceptional circumstances).

You may also be able to get a repayable transportation supplement so you can to go back to the place where the warrant is outstanding and deal with it.

If the government says you can’t get these two supplements, you can request reconsideration, but if that fails no appeal may be made to the Employment and Assistance Appeal Tribunal.

The rules about warrants are complex. For legal advice, consult a lawyer.

More information

Check the following websites about how an outstanding warrant may affect your eligibility for income assistance:

• The BC Ministry of Social Development online resources page at www.gov.bc.ca/meia/online_resource—click on “Verification and Eligibility” and then on “Warrants”.
• The Ministry’s main page at www.gov.bc.ca/hsd—click on “Appling for Income Assistance”.
• Community Legal Assistance Society (CLAS) at www.clasbc.net—click on “How to Get Legal Help”, then on “Self-help Guides”, and finally on “Outstanding Warrants” factsheet. It has detailed information.

You can apply for legal aid to see if you are eligible for a criminal lawyer to take your case, or at least give you some advice about a warrant.

• Over the phone through the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) 1.866.577.2525 (elsewhere in BC), or
• In person through your local legal aid office, see the list of legal aid offices www.lss.bc.ca/legal_aid/legalAidOffices.php.
• Also check script 288, called “Income Assistance: Reconsiderations and Appeals” and script 289, called “Financial Help for People with Disabilities”.

[updated November 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In the context of family law, this phrase comes up in Child Support Guidelines as well as applications to waive court fees. The term "undue" essentially means excessive, exceptional, or disproportionate. for example, if someone would have to sacrifice a reasonable expense in their life in order to pay the amount in question, this would be an undue hardship. In the Child Support Guidelines this term describes circumstances when payment of the table amount of child support would cause financial difficulty for either the payor or the recipient of support, potentially justifying an award of support in an amount different than the table amount. See "child support," "Child Support Guidelines" and "table amount."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."