8,081
edits
Changes
no edit summary
==Barriers to justice==
Is access to justice just about access to lawyers and courts? No, and especially not for family law matters. For people going through separation and divorce, one of the first barriers to confront is the misguided perception that court is where they need to go. Popular media would have us believe that lawyers arguing before a judge is somehow the proper way to settle relationship breakdowns. That's wrong. The fact is, unless family violence is a threat or urgent intervention is needed to protect children, people, or property, most families don't need the courts court's help in fairly resolving their separation.
People need accurate information about legal rights (their own, the other person's, and their children's), finances, and the risks and benefits of the choices they want to make. All of this information empowers an individual to resolve issues and make an acceptable compromise as needed. People then need certainty that the resolution and compromise will be respected, followed, and enforced if necessary. To this end, many efficient, sensible, and effective alternatives to court exist that satisfy these core needs. And many of them are less costly, less stressful, and less time-consuming than going to court. Court is generally only better for highly contentious issues.
===Legal representation: cost and funding barriers===
For those who do end up in court, the stakes can be high, the process can feel intimidating, and having a lawyer by your side can feel like a priority. The cost of this can be a significant barrier, however. Based on a [https://www.canadianlawyermag.com/news/features/2021-legal-fees-survey-results/362970 2021 legal fees survey], British Columbians can expect to pay on average more than $6,000 per day for a lawyer's time in trial. Many people simply cannot afford to pay for full legal representation court.
You might [https://legalaid.bc.ca/legal_aid/howToApply apply to Legal Aid BC] to see if you qualify for free legal representation, but finite public funding for these services is another barrier. Universal legal aid is not a reality in BC. You probably won't qualify, unless your annual income is below the poverty line and your legal problem is one of the few problems they will help with. Even then, you won't get a legal aid lawyer to help you with all of your case, just some of it, and only for a limited amount of time.
===Educational and informational resources===
* [https://www.clicklaw.bc.ca Clicklaw] - Clearing house of public legal education and information in BC.
* [https://family.legalaid.bc.ca/ Legal Aid BC's Family Law website] - Information An essential resource for information and resources on family law.
* [https://supremecourtbc.ca/family-law Online Help Guide for Supreme Court family law matters] by Justice Education Society - Guidance for navigating Supreme Court family law matters.
* [https://dialalaw.peopleslawschool.ca/category/families/ Dial-A-Law website for families and children] by People's Law School - Plain language legal information on family law topics.
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice BC Ministry of Attorney General's Family Justice website] - More essential information about how family law works in BC.
===Court & government information and forms support===
* [https://www.provincialcourt.bc.ca/GoingToCourt Going to Court webpage] by BC Provincial Court - Resources for self-represented litigants in Provincial Court.
* [https://www.bccourts.ca/supreme_court/self-represented_litigants/ BC Supreme Court's information for self-represented litigants] - Guidance for navigating the BC Supreme Court.
* [https://justice.gov.bc.ca/apply-for-family-order/ Online FLA Assistant] - A tool for applying for Family Law Act orders in the BC Provincial Court, assisting with the completion of necessary forms.
* [https://justice.gov.bc.ca/divorce Online Divorce Assistant] - Facilitates the process of filing for an uncontested divorce in BC, allowing joint applicants to prepare required forms.