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→A. Client Intake
The capacity required to instruct counsel requires that the client understand the roles of client and solicitor, can understand the information relevant to making a decision and have the ability to appreciate the foreseeable consequences of that decision. Since this is a legal test, students are unable to make this determination on their own. Any concerns should be brought to the program supervising lawyer’s attention. However, without meeting the client in person, the program supervising lawyer will be unable to make a capacity determination. Students are encouraged to contact CLAS for assistance and, if necessary, refer the client to CLAS or another legal service.
Where no legal issue exists, remember that the client may be seeking help for a variety of matters from someone they feel they can trust. In these situations referrals to mental health services may be appropriate. You may also wish to provide mental health referrals, such as counselling, for clients to whom you are providing on-going legal assistance. Dealing with legal issues can be stressful and upsetting for all people. Clients may find seeing a counsellor is a helpful way to develop emotional coping strategies, to pinpoint their ideal outcome from a legal process, and to organize their thoughts in order to provide clear and concise information and evidence in the legal process. == B.Governing Legislation and Resources == === 1.Legislation === ''Adult Guardianship Act'', RSBC 1996, c 6 [AGA]. ''Adult Guardianship and Planning Statutes Amendment Act'', S.B.C 2007, c 34 [AGPSAA]. ''Criminal Code of Canada'', R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [CCC] . ''Forensic Psychiatry Act'', RSBC 1996 c 156 [FPA]. ''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA]. ''Mental Health Act'', RSBC 1996, c 288 [MHA]. ''Mental Health Amendment Act'', S.B.C 1968, c 27 [MHAA]. ''Patients Property Act'', RSBC 1996, c 349 [PPA]. ''Power of Attorney Act'', RSBC 1996, c 370 [PAA]. ''Public Guardian and Trustee Act'', RSBC 1996, c 38 [PGTA]. ''Representation Agreement Act'', RSBC 1996 c 405 [RAA] === 2. Resources === ==== a) Counselling Services ==== Counselling is an invaluable resource for those experiencing distress resulting from legal issues. Some counsellors may also provide integrated case management for people that are suffering from more severe disorders and require greater support. {| class="wikitable"| colspan="2" style="font-weight: bold;" | City University Community Counselling Clinic|-| colspan="2" | Broadway Youth Resource Centre (BYRC)|-| 2455 Fraser Street| Telephone: (604) 709-5729|-| Vancouver, BC V5T 0E6| Fax: (604) 709-5721|-| Web site: http://www.pcrs.ca| |-| colspan="2" | Offers,counselling,and,support,services,in,areas,of,youth,and,family,,anger management, addictions, and sexual orientation and/or gender identity issues.|}