Chief Justice of Canada to discuss accessing the justice system at Law Society public forum
VANCOUVER — With some predicting the recent economic downturn will make it harder for low and middle income people to access the justice system, the time is now to discuss how to ensure people have access to one of the cornerstones of our democracy. This is especially true as many already find the cost and length of time it takes to pursue justice to be too much.
One of the groups with a big challenge in accessing the justice system is the middle class. They don’t have a low enough income to qualify for legal aid or pro bono services. And with the high cost of trials they might have to consider second mortgages or dipping into their children’s education funds to defend their civil rights — a decision that is even more difficult during tough economic times.
“Inaccessible justice is no justice,” said Gordon Turriff, QC, President of the Law Society of BC. “Ways must be found to ensure access for people who need help resolving their problems and need the court to decide right and wrong.”
“The Benchers of the Law Society — the board of directors — see access to justice as a matter of critical importance,” added Turriff, “so one of the many steps we’re taking is to present a public forum to discuss some of the barriers to accessing the justice system and potential creative solutions to overcome obstacles.”
The Law Society is presenting the forum, Clearing the Path to Justice, at 6:00 pm on Wednesday, January 28 at the Morris J. Wosk Centre for Dialogue, SFU, located at 580 W. Hastings Street. Journalists are welcome. For advance media interviews, please contact Dana Bales, Cara McGregor or Michael Bernard.
The Right Honourable Beverley McLachlin, PC, Chief Justice of Canada, is the keynote speaker at the forum. Other distinguished panelists who will talk about access issues, including culture and language barriers are:
* Grand Chief Edward John of the First Nations Summit of BC;
* Lyall Knott, QC, of S.U.C.C.E.S.S, which runs legal clinics for people who speak Korean, Japanese and Mandarin in Greater Vancouver in conjunction with the Western Canada Society to Access Justice; and
* Sue Talia, a private family law judge in California who will discuss a solution she’s been working on in her state to reduce the cost of legal services — a potential solution called unbundling that is expanding in British Columbia.
Community partners for the event are the Legal Services Society, the Western Canada Society to Access Justice and S.U.C.C.E.S.S.
The Law Society of BC was incorporated in 1884 and is the governing body of the legal profession in BC. Under the provisions of the Legal Profession Act, the Law Society is responsible for the licensing, professional conduct and discipline of the more than 11,000 lawyers in BC.
Vancity Springboard Homeownership Program – Metro Vancouver, British Columbia
In November 2006 Vancity Credit Union, the largest in Canada outside Quebec, launched Springboard Mortgage, the latest in a long line of affordable homeownership programs. The goal of Springboard Mortgage is to help people living in non-profit, rental housing move on to homeownership, which helps that family directly and frees a non-profit housing unit for someone else in need.
By the fall of 2008, Vancity had approved 16 mortgages worth $2.8 million through the Springboard Mortgage program. 18 non profit homes have been vacated and 67 applicants have been pre-approved through the program.
Qualifying applicants usually purchase their homes in the Fraser Valley communities of the Lower Mainland or the Tri-Cities (Coquitlam, Port Coquitlam and Port Moody) area of suburban Vancouver, for prices ranging from $160,000 to $350,000. Most of the purchasers are low income families and single mothers.
To qualify for the Springboard Homeownership Program, applicants must be living in non-profit housing and have a low income. They must have verifiable employment or pension income and no rental arrears in the last two years. They are also required to take a Homeownership Readiness financial literacy course to ensure they fully understand the responsibilities of homeownership.
For qualifying applicants who agree to comply with Springboard’s requirements, Vancity provides a two-part loan that comprises 100 per cent of a home’s purchase price. One component is an interest-free loan to be paid back over 10 years. This serves as the 20 per cent down payment. The second component is a mortgage amortized over 25 years with a 10 year fixed interest rate, with interest only as the minimum payment.
After 10 years, says Tanya Hutchens, the purchaser will have repaid the “down payment” and can then negotiate a conventional mortgage for the principal amount outstanding. Under Springboard, Vancity does not dwell on an applicant’s credit rating, as long as applicants have no frauds or bankruptcies. Applicants must become members of Vancity. In addition, the borrower needs to understand that late loan or mortgage payments will immediately trigger foreclosure. Finally, they must find a home to purchase that is affordable according to Vancity’s guidelines. Under these guidelines:
- In order to ensure mortgage payments are made on time each month, the applicant’s estimated mortgage, loan, property tax and strata fees payments should be reflective of their current rent payment plus 25%.
- The total of both loan and mortgage cannot exceed $300,000, which is why the program has been most successful in suburban areas, where housing prices are lower.
- The prospective buyer must take the Homeownership Readiness course delivered in partnership with the Mennonite Central Committee. The course content is based on earlier development work done by Canada Mortgage and Housing Corporation (CMHC). Once applicants have selected a home to purchase, Vancity provides technical assistance.
