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TABLE OF CONTENTS
EXECUTIVE SUMMARY................................................................................................. 1
BACKGROUND ...................................................................................................................... 1
RESEARCH ............................................................................................................................ 1
FINDINGS ............................................................................................................................... 1
AREAS FOR DEVELOPMENT................................................................................................ 3
NEXT STEPS.......................................................................................................................... 5
INTRODUCTION ............................................................................................................. 6
PROJECT STRUCTURE ........................................................................................................ 6
THE EAST AND CENTRAL REGION...................................................................................... 7
METHODOLOGY .......................................................................................................... 11
OVERVIEW............................................................................................................................11
METHODS .............................................................................................................................11
CLINIC CAPACITY........................................................................................................ 14
DEMOGRAPHIC MAPPING .......................................................................................... 20
COMMUNITY RESOURCE MAPPING ......................................................................... 29
LITERATURE REVIEW ................................................................................................. 35
INTRODUCTION....................................................................................................................35
GENERAL SERVICE DELIVERY ...........................................................................................35
RURAL SERVICE DELIVERY ................................................................................................40
SERVING ABORIGINAL COMMUNITIES ..............................................................................54
LINGUISTIC SERVICE DELIVERY ........................................................................................58
MEDICAL LEGAL PARTNERSHIPS ......................................................................................60
EXECUTIVE SUMMARY
BACKGROUND
Ten community legal clinics across East and Central Ontario have come together to conduct
research to better understand the needs of their communities, the assets available and how they
can work together to better meet those needs.
RESEARCH
The research methodology was developed to engage stakeholders and capture the information
that can best inform local decision making. The process started with background research into
the expertise and strengths of each of the participating community legal clinics. It incorporated
a literature review, as well as the mapping of demographic data, and of community resources
and services available. Community consultations were facilitated, including focus groups with
legal clinic staff and clients, key informant interviews with community partners, stakeholders
and executive directors of legal clinics, and finally with surveys for board members and clients.
FINDINGS
LEGAL CLINIC CAPACITY
Participating community legal clinics have a high level of expertise, and have developed many
different strategies to conduct their work effectively. Some gaps were identified through
mapping the satellite and main office locations of legal clinics. The areas of law that clinics
currently provide and would like to provide in the future were charted, which showed some
common interest in expanding areas of law and ensuring broader access to key areas of law. This
chart also showed a high level of expertise in the region in the most common areas of demand,
especially income maintenance, housing and employment law.
DEMOGRAPHIC MAPS
The demographic maps emphasized that the communities participating in this research project
are very diverse. As a result, there can be no one size fits all approach that could work in the
region, and community legal clinics will have to develop innovative ways to meet the needs of
their distinct demographics. These maps show us areas that might have lower clinic service
delivery, such as rural areas that have many low-income families or areas that would require
outreach to engage specific populations, such as Francophone populations, seniors and
Aboriginal communities.
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LITERATURE REVIEW
Existing literature on general service delivery was studied, focusing on the current context that
community legal clinics work in, as well as identifying some promising practices for improving
service delivery. This research highlighted the significant under-resourcing that community
legal clinics face and the importance of sharing knowledge in addressing some of those resource
gaps. Literature on accessing rural populations was also studied, which examined the
effectiveness of outreach strategies like partnerships with other local agencies and methods of
raising awareness like using trusted intermediaries. Aboriginal service delivery was also studied,
with an emphasis on staff cultural competence and respect for this population. Literature on
Francophone service delivery was also studied, which also focused on cultural competence, as
well as on the importance of providing active offers of French Language Service. Finally,
literature on Medical-Legal Partnerships were studied and showed that this can be an effective
partnership to address communitys wellbeing, naming legal health a social determinant of
health.
COMMUNITY CONSULTATIONS
Community consultations, with hundreds of staff, clients, community stakeholders, board
members and executive directors emphasized that the community legal clinics do excellent work
in their catchments, both in service delivery and in community development and advocacy.
Legal clinics were seen as a safe space to access help, and stakeholders suggested that there are
effective outreach tools in place to raise awareness about the work that clinics do. However,
clients often demonstrate that awareness remained low, which leaves room for continued work
in outreach and raising awareness. Stakeholders suggested that the most common benefit of
community legal clinics being community-based is their ability to adapt to changing situations
within their communities quickly, but it was named that not all aspects of clinic work need to be
community-based. Instead, it was suggested that some things, like developing PLE tools, can
happen collaboratively across catchments.
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RURAL OUTREACH
Most participating community legal clinics have rural populations in the catchments that they
serve. Although clinics have many strategies for reaching out to these groups, they still reported
having a difficult time serving them. It was noted that there is a need for more satellite locations
to increase awareness of the work that the legal clinic does and offers help closer to home.
Creating relationships with trusted intermediaries located in the rural areas was also identified
as a successful tool. The two biggest barriers that were named for this population were
transportation, and the lack of awareness or visibility of the legal clinic. Some suggestions to
overcome these barriers include implementing more satellites closer to home for rural residents,
more PLE to spread the word about legal clinic services, and more partnerships to increase
mutual referrals.
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COMMUNITY DEVELOPMENT
Staff, board members and executive directors all discussed how the community legal clinics
excel in community development, advocacy and public legal education, and how it was
inherently part of the legal clinics identity. Even so, most stakeholders also discussed how more
of this work would be beneficial. There is a need to establish more networks with agencies that
have similar interests and goals to the community legal clinics to facilitate collaborative
advocacy initiatives. There are also additional opportunities for PLE collaboration with other
clinics and agencies, such as delivering collaborative workshops on issues relevant to clients and
other service agencies.
INCREASE CAPACITY
With persistent needs in the community in the areas of housing law, income maintenance,
employment law, and increasingly in Ontario Disability Support Program, and potentially
immigration law, there is continual pressure on resources at community legal clinics. The
community legal clinics are interested in looking into ways of becoming more efficient to
facilitate the delivery of more poverty law services. Some of the opportunities that are being
explored include identifying redundant administrative tasks for possible efficiencies, identifying
opportunities for sharing some administrative tasks in succession planning, and diversifying
funding to be able to implement specific programs or projects that meet community needs.
Developing partnerships to make use of the skills of Pro Bono lawyers, externs, interns, students
and volunteers is also being discussed as a method to increase capacity of legal clinics.
PARTNERSHIPS
Many of the initiatives identified depend on growing stronger partnerships. Partnerships with
trusted intermediaries, partnerships with other service providers that can support referrals and
collaborate on Community development, partnerships with other clinics, even stranger
relationships with adjudicating bodies like OW and ODSP, generated positive outcomes for the
clinics that invested time in them. Expanding partnerships and investing at the front end for
longer term payoffs in partnership was seen as a key part of success in the region. Investing in
trusted intermediaries in commonly accessed places like libraries, currently being tested by the
Rural and Remote Boldness Project, is being looked at closely as a method of reaching more
groups needing legal support.
USE OF TECHNOLOGY
Developing innovative uses for technology was identified as a significant area for growth in
community consultations and in literature. Some participating legal clinics have already started
moving towards relying more on innovations, such as online intake systems, videoconferencing
with far-away clients, faxing or emailing documents rather than mailing, and Apps for
smartphones that trusted intermediaries can use to better connect community members to
services. Areas for growth, identified here and in the Rural Boldness project, included
developing online tools for clients, storing documents online rather than in paper, which takes
up considerable office space, and providing tablets for staff that travel frequently. There was
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NEXT STEPS
In the East and Central Region Transformation Project, the participating community legal
clinics will be looking more closely at the issues raised in the research, and the options for acting
on them as they investigate ways to address those issues. These discussions will be occurring
from July to October, 2015 through a facilitated discussion among the clinics.
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INTRODUCTION
PROJECT STRUCTURE
The Community Legal Clinic movement in Ontario, begun in the late 1960s and early 1970s, was
an independent movement organized by community legal workers and governed by elected
boards representative of the communities they served. These clinics were dedicated to providing
high-quality legal services in areas affecting low-income people where the private bar had
proven inadequate. Moreover, these clinics were actively engaged in aggressive outreach and
educational activities to help amplify the voices of their clients and to advocate for structural
changes to address policies and laws detrimental to their interests. Services and activities were
meant to be responsive to the communities they served, drawing on client input as much as
possible to devise and deliver services.
From their inception over four decades ago, community legal clinics have adapted to changes in
funding arrangements, political regimes, and landscapes of need, all the while remaining
committed to the core principles still central to their mandate. Operating on shoestring budgets
with dedicated and compassionate staff, they have demonstrated their ability to deliver upon
that mandate efficiently and effectively. Versatility and a strong commitment to the roots of the
legal clinic movement are strengths that clinics in Eastern and Central Ontario hope to build on
and enhance through their participation in the Eastern and Central Region Transformation
Project (ECRTP).
The ECRTP is an initiative organized by 10 community legal clinics across the East and Central
region. Although the participating agencies are both diverse as clinics and in the characteristics
and populations of their respective catchment areas, from the beginning of the project they have
been dedicated to a collaborative approach in this project.
The goals of this project were to better understand both the strengths and unmet needs of the
communities that community legal clinics serve, investigate models that might facilitate the
work that community legal clinics do and ultimately, to provide better services and better access
to services for clients.
The transformation project has been divided into three phases:
PHASE I: NEEDS ASSESSMENT RESEARCH
In this phase of the project the community legal clinics used demographic research, learnings
from literature and community consultations to gain a better understanding the needs of their
communities. In this phase models of delivering quality services and increasing access to justice
were also studied.
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The East and Central Region is distinctive. Though geographically it is largely rural, it contains
major urban centres including Oshawa, Barrie, Kingston and Peterborough. Though much of the
area is overwhelmingly English speaking, it also included areas of intense multilingual
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METHODOLOGY
OVERVIEW
A Steering Committee of four executive directors and an Oversight Committee of 20 executive
directors, staff and board members was struck. A full listing of the members of both committees
can be seen in Appendix II. Steering Committee meetings were held bi-weekly, while Oversight
Committee meetings were held monthly, four of which were held in-person. These in-person
meetings facilitated constructive discussion on research findings, promising models and
structures, and increased collaboration amongst participating clinics.
In order to gather the clearest picture of the needs and strengths of communities and clinics
participating in this needs assessment, the following research methodologies were used.
METHODS
CLINIC CAPACITY ASSESSMENT
Understanding that the community legal clinics already possess a high level of expertise and
skill, a study was done investigating clinic areas of expertise, areas of law practiced, locations of
satellites and volume of cases. This information was studied to gain a clearer picture of what
expertise is available within the community legal clinic system. In this research, community
legal clinics identified the areas of law they currently practice and those they would like to
practice in the future. Knowledge was also drawn from the Big T Little t initiative, which
assembles and describes innovative initiatives and practices that community legal clinics have
participated in in recent years.
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LITERATURE REVIEW
A review of relevant academic and grey literature was conducted. In this literature review,
practices of poverty law services in Canada and abroad were studied, as well as specific
initiatives the community legal clinics were interested in, such as Medical-Legal Partnerships, as
well as models of assessment, evaluation and data gathering. Literature on reaching specific
target populations that the community legal clinics identified, such as Aboriginal populations,
Francophone populations, and people living in rural and remote communities was also
reviewed. The goal of reviewing literature from these fields is twofold. The first is to better
understand the existing context and environment within which community legal clinics work,
and second is to identify promising models of service delivery, collaboration, or outreach
strategies that might be transferable to the community legal clinics of East and Central Ontario.
FOCUS GROUPS
Separate focus groups were conducted with clients and staff of each of the ten participating
community legal clinics. Focus groups were used as a tool with clients and staff to establish and
encourage thoughtful and constructive discussions on the needs and strengths of their
communities and community legal clinics.
Focus groups were two hours in length, and were held in French and English.
SURVEYS
A client survey was developed and administered online but with the option to fill out by hand at
the community legal clinic offices. Because of the physical dispersion of the community legal
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GROUP PROCESS
The clinics involved played an active role in the development of the research. Many interactive,
in-person meetings were held with clinic staff and Board members to review data as it was
emerging and assess it and contribute to its interpretation. The Steering Committee used
technological solutions to enable face-to-face meetings over the internet as well. The learning
focus of the process enable participants to gain information at every stage but also progressively
contribute to the development of the conclusions it led to.
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CLINIC CAPACITY
There is a great amount of expertise within the 10 participating legal clinics, and there might be
room for shared expertise. In order to get a clear picture of the strengths of the current
community legal clinic structure, information was collected on satellites and access points that
the participating community legal clinics offer, areas of law that community legal clinics offer
and what they hope to offer in the future, and low income populations in each catchment were
assessed.
The map above shows the permanent offices of the participating community legal clinics as well
as their satellite offices or other access points. Satellite offices and access points are locations,
usually hosted by other social service agencies, where community legal clinic workers provide
legal services at scheduled times. The goal of these services is to increase community awareness
of legal services and provide services that are more easily accessible for clients. This map
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CATCHMENT SIZE
Below is shown the amount of staff supported by LAO funding, the amount of individuals under
the Low Income Cut-Off, and the total population, the percentage of total population that is
considered low-income, and the physical size of each catchment by square kilometre.
Please note that the low-income data has been provided by LAO and was retrieved from Census
Canada for the year of 2006. It reflects the Low Income Cut-Off as a measure, not the Low
Income Measure used in this report. This chart will display data slightly different than data
shown on maps included further in the report, since those maps use a different set of data, low
income measured differently, and for the year of 2012.
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LAO paid
staff
LICO 2006
Population
2006
LICO
percent
Sq. KM
Durham Community
Legal Clinic
6.0
52,200
561,258
9.3%
2,523.62
Kingston Community
Legal Clinic
4.0
18,470
137,296
13.5%
1566.66
11.0
47,735
512,912
9.3%
12,014.08
4.0
16,445
133,080
12.4%
3,847.77
9.0
15,560
172,072
9.0%
9812.03
6.0
14,350
110,399
13.0%
3,308.84
10.0
22,925
194,000
11.8%
8641.94
5.0
9,030
97,545
9.3%
7,440.81
4.0
6,160
80,963
7.6%
1,905.34
6.0
5,565
80,184
6.9%
2,004.44
65.0
208,440
2,079,709
10.0%
53065.53
Community Legal
Clinic - Simcoe,
Haliburton, Kawartha
Lakes
Peterborough
Community Legal
Centre
The Legal Clinic
Stormont, Dundas
and Glengarry Legal
Clinic
Community
Advocacy & Legal
Centre
Renfrew County
Legal Clinic
Northumberland
Community Legal
Centre
Clinique juridique
populaire de
Prescott-Russell
TOTAL
AREAS OF LAW
Shown below is a chart of the areas of law that each community legal clinic provides and the
areas of law that they are interested in providing in the future. This chart shows that there is
significant support for income maintenance in Eastern and Central Ontario, as well as support
for tenants with housing issues, employment issues and wrongful dismissal. This chart also
shows that many community legal clinics offer consumer & debt law services, but those that do
not are interested in doing so. There is also significant interest in providing immigration legal
services and services for small claims court. Some of the specialized services that community
legal clinics offer are education law, healthcare, small claims court, and family law through
referrals.
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CALC
NCLC
DCLC
Kingston
PETE
Prescott
Russell
RCLC
Aboriginal
Affidavits,
swearing of
Canada Pension
Plan
Education Law
Employment
Insurance
Employment
Standards
Family
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X
(advice,
refer)
X
X
(advice,
refer)
X
X
(limited)
represent
X
(advice)
X
(advice)
X
(advice)
X
(refer)
X
(advice)
X
(refer)
X
(refer)
X
(advice)
X
(advice)
represent
Incorporations
Information &
Privacy
X
X
Healthcare
Human Rights
Immigration &
Refugee
TLC
Contract Law
Criminal Injuries
Compensation
Criminal Law &
Youth Justice
Denials of Legal
Aid Certificates
SHK
X
(limited)
Children's Aid
Society
Consumer & Debt
SDG
X
X
(refer)
X
(advice,
refer)
X
(advice,
refer)
X
X
(refer)
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Practice Area
CALC
NCLC
DCLC
Kingston
PETE
Prescott
Russell
RCLC
SDG
Insurance Law
Tenants Rights
Tenant Duty
Counsel
Occupational
Health & Safety
X
X
X
X
Student Loans
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
(advice,
refer)
X
X
X
X
(refer)
X
X
(refer)
Workplace Safety
& Insurance
Wrongful
Dismissal
X
X
(advice)
X
(refer)
X
X
(advice)
X
(advice)
POAs
X
X
X
(advice,
refer)
X
(refer)
X
(limited)
Consent Capacity
Medical
suspension of
license
240 Canada
Labour Code
TLC
X
(limited)
X
ODSP
Old Age Security
OW
Prison Advocacy Federal Inmates
Provincial
Offences
Small Claims
Court
Wills, POAs,
Estates
SHK
X
(advice,
refer)
*Please note that in this chart Aboriginal law means Aboriginal rights, such as hunting and fishing rights or land rights.
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DEMOGRAPHIC MAPPING
Demographic characteristics of the catchments of participating community legal clinics were
studied. The datasets used to develop these maps were 2006 and 2011 Statistics Canada reports,
tax filer data from 2012, and case file data provided by the participating community legal clinics.
Some of the items analyzed using these maps were income and income sources, family
composition, age, sex, Aboriginal populations, immigrant populations, and language spoken
most often in the home. The maps most relevant to the needs assessment are discussed below.
FIGURE 4
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*The cities and regions marked in pink are those that are mandated to provide French Language Services
by the Government of Ontario through the French Language Services Act.
This map displays the raw number of individuals that speak French most often in the home in
the catchment areas that the East and Central community legal clinics serve. Although mostly
concentrated in the furthest East region of the studied area, there are still significant
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This map shows the population of seniors as a percentage of total population. Some areas, such
as the centre of the region as well as the Eastern region in the county of Stormont, Dundas and
Glengarry, have a high density of seniors in the community. This might mean that community
legal clinics employ strategies that target outreach and services to the senior population, such as
partnerships with long-term care facilities or satellite offices in locations that seniors access.
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This map displays the population of children and youth aged 0 to 17 as a percentage of the total
population. Some areas have higher proportions of youth such as the areas north of Belleville
and north of Kingston, as well as the county of Stormont, Dundas and Glengarry in the East.
Around Barrie, Oshawa and Pembroke also shows higher levels of youth. Those regions that
have a higher density of youth might be interested in using strategies that outreach to this
population, such as partnerships with secondary and post-secondary schools, or increase their
web and social media content.
*Please note that the percentage of seniors and youth is strongly affected by the percentage of
adults aged 18-64 in those regions. If there is a low level of adults in a region, it will make the
adult and youth population seem much larger.
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This map displays the raw numbers of immigrants and newcomers in the targeted catchment
areas. The trend of immigrant populations that can be drawn from this map are twofold: areas
that are close to urban centres have higher immigrant populations, like south of Barrie and the
areas around Ottawa, and areas that have higher populations, like Oshawa, Kingston and Barrie.
There are some areas that are more rural that do see higher levels of immigration, like the area
around Lindsay and west of Belleville.
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This map shows the density of families receiving social assistance, either through the Ontario
Works (OW) or Ontario Disability Support Program (ODSP). It is important to note that this
map shows the density of individuals on social assistance, rather than raw number. Therefore
there will be areas, such as Kingston, Peterborough, Cornwall and Oshawa, which have higher
populations and also high density of people on social assistance, meaning great numbers of
people who might need legal help for income maintenance. There are other areas, such as
Renfrew, Hawkesbury and Brockville that have low total population, but high density of low
income populations, which also mean high numbers of people potentially needing legal help for
income maintenance.
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This map shows the density of individuals receiving workers compensation. This map shows
that there is a higher density in very rural areas like Haliburton county, Peterborough county
and the Bancroft region. Based on feedback from Oversight Committee members and
community partners, it is suspected that this high density is related to the economic market in
those areas, with the nature of jobs available being more reliant on manual labour. This could
inform potential decisions on what types of law would be a priority to provide in certain areas of
East and Central region.
Demographics were also mapped for English speakers, individuals who speak a language other
than English or French in the home, sex, household composition, and newcomers. These maps
are included in Appendix III. These demographics were not seen as having a large impact on the
analysis of the service needs and the delivery models required and were not included in the main
text of the report.
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This map shows an overlay of the density of low-income families with the number of files
participating community legal clinics opened for the years of 2013 and 2014. The areas that
show up as a purple colour are those areas that have a high need for services and a high number
of services provided. Those areas that appear bluer are areas that have higher density lowincome populations, but lower numbers of clients served. It should be noted that case files are
acquired through the participating community legal clinics data gathering systems, and the
methods of gathering and tracking data is different at each clinic. Therefore there may be a large
discrepancy in the number of files opened in some regions.
MEASUREMENTS USED
There are many ways of measuring low-income of a population. The Low Income Measure (LIM)
was chosen in this project to best represent those living in poverty in the region. Using LIM,
individuals and families defined as low-income are those with an adjusted family income under
half of the income median of Canada. This measure was chosen because it is currently the more
commonly used measure by the Province and by LAO, though it is not sensitive to local costs
and may not accurately represent differing levels of poverty in urban and rural communities.
LIM is also the measure that research throughout Ontario, Canada and abroad is moving
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*Points indicated in blue represent the locations of First Nations reserves in the region.
This map displays Aboriginal resources in the East and Central region. It can be seen by this
map that there are not many agencies that serve Aboriginal populations, and that those that are
Only a selection of maps are discussed in this report. To view all community resource maps please
contact the research team or visit www.ecrtp.ca.
1
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The map shown above displays resources for individuals facing homelessness, including services
like shelters and drop-ins. It can be seen from this map that there are few services for this
population in most of the region, even in urban centres. Since housing is one of the main areas
of law that participating community legal clinics practice, this data will be important not only to
understand what type of resources are available for clients, but also to identify places to reach
out to for potential partnerships, and to facilitate ease of referrals.
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This map displays health resources in the East and Central region. This is one of the most
accessible resources in the region, with many services available both in urban centres and rural
areas. This might be an indicator of an effective partnership for community legal clinics to
establish, given the coverage that health services have throughout the region. Mental health
resources show a similar coverage in this area.
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This map shows resources and supports available to newcomers in the East and Central Region.
There tend to be more resources targeting this population in cities, such as Barrie and Kingston,
with few available in other areas, especially small towns and rural areas. In Oshawa however,
although there is a high number of newcomers, there seems to be a low amount of resources
supporting this population.
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The resources available for seniors are displayed in the map above. This map indicates that
although not many resources in each area, there can be found one seniors resource in many of
the cities and towns in the region. There are still gaps however, in the number of resources
which is few, and some areas with no resources, such as far Eastern Ontario and some rural
regions in the central region of the map. This might affect the types of partnerships that
community legal clinics can make and the length that they can rely on seniors support agencies
to be able to outreach to this population.
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This map shows resources geared toward supporting youth in the region of East and Central
Ontario. There tend to be more resources for youth in areas that there are post-secondary
institutions, such as Kingston, Peterborough, Oshawa and Belleville. There tend to be little to no
agencies in regions that do not have post-secondary institutions. This might provide guidance to
community legal clinics in reaching youth populations, and that partnerships might be
beneficial to reaching youth in post-secondary institutions but other strategies will need to be
employed to reach youth outside of these institutions.
ADDITIONAL DEMOGRAPHIC AND COMMUNITY RESOURCE MAPPING
There were many more maps developed displaying both demographic data and locations of
community resources. These maps were not included in this final report because they did not
reveal information for areas of development for the community legal clinics.
The complete set of maps is available at:
http://www.ecrtp.ca/uploads/2/0/7/8/20780132/ecrtp_demographic_maps_150424.pdf
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LITERATURE REVIEW
INTRODUCTION
A literature review of promising practices in other jurisdictions and learnings from innovative
programs in delivering legal services in Canada and around the world showed some clear
patterns that drive success and failure. Given East and Central Ontarios unique characteristics
of having a large rural population, bilingual populations, and both on and off-reserve First
Nations, Inuit and Mtis populations, literature specific to delivering services to those
populations was also studied. This literature was found to provide insights on not only the
barriers and strengths of these populations, but also on innovative practices to improve service
delivery.
METHODOLOGY
Both Academic and gray literature was drawn upon to ensure access to the most relevant
information, including peer-reviewed articles, agency reports, backgrounders and
bibliographies.
Articles were accessed through suggestions from the ECRTP Oversight Committee as well as
from a general call for literature in the ECRTP newsletter. They were also accessed by using key
search terms in literature databases, accessing published reports from community agencies, and
bibliographies from seminal articles.
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Building collaborative relationships within both formal and informal networks expands the
capacity for outreach, service delivery, and advocacy. A noteworthy example is the use of multidisciplinary teams to provide holistic services and maintain inter-agency relationships.
RURAL ECONOMIES OF SCALE
All literature acknowledged a consistent shortage of services and programs, and an overall lack
of resources in rural areas, whether in Canada, the United States, or Australia. Dispersed
populations and weaker economies of scale mean that, per capita, services and programs cost
more to provide. A trend towards regionalizing services has been one response to this (Cohl &
Thomson, 2008; Cain, Macourt, & Mulheirn, 2014; Reid & Malcolmson, 2008). This trend
applies to the distribution of both legal and non-legal services. For example, court facilities are
often centralized in urban areas, and increasingly, rural court facilities are being closed; this
adds to the distance, transportation, and financial barriers to accessing justice for people living
in smaller urban or rural communities (Ontario Bar Association, 2008; Centre for Rural
Regional Law and Justice, 2014).
The Ontario Bar Associations report on the recommendations from their Justice Stakeholder
Summit in 2007 recommended increasing the capacity for first appearances in rural areas as a
means of bettering access to justice and allowing for early intervention in legal matters. The
Centre for Rural Regional Law and Justice (CRRLJ) in Australia suggested increasing the
capacity for alternative dispute resolutions in order to keep the number of litigations down,
curtailing the financial costs faced by clients and by the justice system in delivering relatively
expensive court services (Centre for Rural Regional Law and Justice, 2014).
SHORTAGES OF NON-LEGAL PROGRAMS
A shortage of regional and local resources was also found to impact the operations of community
legal clinics. Because of significant need in their communities, a general lack of resources, and
the added burden of traveling great distances to cover large catchment areas with little to no
public transportation infrastructure, legal workers in rural and remote areas are often overworked, and burn-out and turnover rates are significant. Furthermore, a study of youth justice
in rural and remote Canada referenced a similar study in the United Kingdom, which found that
a lack of non-legal services that would otherwise contribute to addressing the legal needs of
young offenders compromised the ability of agencies to effectively respond to those legal needs
(Nuffield, 2003).
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PROMISING PRACTICES
BUILDING AND RETAINING RURAL RESOURCES
Suggestions for addressing a lack of legal professionals in rural and remote areas, and the
challenges to retaining their services, are focused on identifying different regional needs,
adopting creative and flexible approaches to service delivery, and collaborating with local
education institutions (Baxter & Yoon, 2014; Cain, Macourt, & Mulheirn, 2014; Centre for Rural
Regional Law and Justice, 2014; Ministry of Health and Long-term Care, 2008; Forbes & Edge,
2009). Baxter and Yoons (2014) suggestions focus on a need to tailor approaches to regional
needs, and what the professional requirements are for meeting those needs: specifically, that
incentive programs focus on areas of law that are generally needed in smaller geographic areas,
such as family law, or wills and estates. They also suggest that these incentive programs be
designed to encourage long-term investments to avoid a revolving-door of lawyers. A report on
the access to justice in rural and remote regions in New South Wales noted that strategies that
fail to address remoteness and local amenities risk making larger population centres that are
currently drawing resources away from rural and remote areas even more attractive to lawyers
and other professionals seeking employment (Cain, Macourt, & Mulheirn, 2014).
A number of sources discussed the benefits of collaborating with local and regional education
institutions in rural areas to attract and retain local professionals. In the context of healthcare in
Northern Ontario, Dorothy Forbes and Dana Edge (2009) suggest targeting providers who grew
up in local or similar rural and remote areas, and working with current employees to build a
sense of belonging and community with newly recruited staff. They also suggested that limited
resources and capacity could be optimized through training programs that leverage
relationships with local community agencies. (Forbes & Edge, 2009)
CULTURALLY APPROPRIATE SERVICE DELIVERY
Acknowledging rural communities as unique, with distinctly rural realities and experiences, was
identified as crucial in successfully providing services to rural residents (City of Ottawa, 2010).
Not only is it an effective approach to dealing with rural groups overall, but it is especially
important when serving marginalized groups within rural communities. People who experience
discrimination based on ethnicity, gender, sexual orientation, or in other ways do not conform,
are likely to have those experiences compounded by rural barriers such as social isolation,
heightened visibility, and appearing as an outsider. For these rural residents, culturally
appropriate service delivery is particularly important. (Nelson, 1993; Panazzola & Leipert, 2013)
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CONTEMPORARY CONTEXT
Racism and discrimination continue to impact the everyday life, livelihood, and identity of
Aboriginal people today (Aboriginal Legal Services Toronto, 2002; Coulthard, 2014; Legal Aid
Ontario, 2008; Zalik, 2006). This is felt particularly in relation to the legal system in which
Aboriginal men, women, and children are overrepresented and for whom incarceration rates
remain disproportionately high (Aboriginal Legal Services Toronto, 2002; Legal Aid Ontario,
2008; Walkem, 2007). In the 1999 R v. Gladue decision, the Supreme Court of Canada
acknowledged an over-reliance on incarceration within the criminal justice system. The court
directed that s. 718.2 of the criminal code, which instructs judges to consider all available
sanctions other than imprisonment before sentencing, be interpreted in a purposive manner,
particularly among Aboriginal peoples (Aboriginal Legal Services Toronto, 2002). This principle
has since been adopted as a mandate by a handful of Gladue First Nations Courts, and yet
incarceration rates in Ontario continue to climb (Aboriginal Legal Services Toronto, 2002; Legal
Aid Ontario, 2008).
Some other challenges identified in the literature include lower rates of literacy and education
and higher levels of homelessness, Fetal Alcohol Syndrome Disease (FASD), unemployment,
inadequate housing, and poverty than the general population (Spence & White, 2013; Nielsen,
2006; Standing Committee on Access to Justice, 2013; Legal Aid Ontario, 2008; Walkem, 2007;
Nielsen, 2006). While these challenges are very real, it is important to acknowledge that they are
not characteristics of the communities themselves, which have remained resilient in the face of
many of these growing demographic challenges. Understanding and appreciating this point is
essential for service providers operating in these communities (Laenui, 2013; Spence & White,
2013).
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LEGAL NEEDS
As noted above, Aboriginal legal needs are as varied as the communities and regions in which
they live, but there are nonetheless some common themes in the literature. Zalik (2006)
identifies 5 priority topics that reoccurred in consultations with agency representatives involved
in the delivery of legal services to Aboriginal people across Canada. This list included Indian
status, family law, criminal law, harvesting rights, and residential schools. Family law and
criminal law were reoccurring themes, often raised in the context of perpetually high and
increasing rates of incarceration and of children in foster care (Reid & Malcolmson, 2008;
Aboriginal Legal Services Toronto, 2002; Legal Aid Ontario, 2008; Walkem, 2007).
While criminal and family law fall outside the mandate of community legal clinics, and
harvesting rights, status, and residential school issues are relatively niche areas of law, it is clear
from the literature that Aboriginal legal problems run much deeper than these few particular
areas. The need for increased information and knowledge about the legal system generally was
perhaps the single most consistent theme identified in the literature, after criminal
representation and child and family support (Nielsen, 2006; Walkem, 2007; Aboriginal Legal
Services Toronto, 2002; Legal Aid Ontario, 2008). Other areas of need mentioned included civil
and administrative legal support, small claims, consumer law, wills and estates, poverty law,
housing, ODSP, OAS, and CPP (Reid & Malcolmson, 2008; Nielsen, 2006; Legal Aid Ontario,
2008). Aboriginal Legal Services of Toronto (ALST) operate a community legal clinic which
provides support and representation for housing problems and tenants rights issues, social
assistance, Indian Act matters, Canada pension matters, employment insurance, criminal
injuries compensation, and police complaints (Aboriginal Legal Services Toronto, 2002).
Over the past 40 years, there has been a rapid evolution in the law (Zalik, 2006). Where once
the justice system stood squarely in the way of attempts to promote Aboriginal selfdetermination, section 35 of the Constitution Act as well as decisions like Guerrin in 1983 and
Gladue in 1999 have helped contribute to a resurgence in Aboriginal governance and justice
systems (Reid & Malcolmson, 2008) and legal clinics like ALST have contributed directly to this
resurgence as interveners in Gladue as well as at least four other Supreme Court cases
(Aboriginal Legal Services Toronto, 2002). In many ways these advancements have outpaced
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BARRIERS
Barriers such as geographical distance from courts and from legal services are common
challenges faced by remote communities in general. Lack of access to vehicles and public transit
were cited as significant barriers for some rural Aboriginal communities (Reid & Malcolmson,
2008), and the same is true of access to telephones and computers (Legal Aid Ontario, 2008;
Walkem, 2007). These geographical and technological barriers that impact communication can
compound what is already a deep divide stemming from what the Royal Commission on
Aboriginal People (RCAP) describes as the fundamentally different world views of Aboriginal
and non-Aboriginal people with respect to such elemental issues as the substantive content of
justice and the process of achieving justice (quoted in LAO, 2008; Walkem, 2007; Aboriginal
Legal Services Toronto, 2002).
For many aboriginal people, the Canadian court process is strange and bewildering and with
rare exceptions, [Aboriginal peoples] simply dont trust those who operate in it and administer
it (Walkem, 2007, p. 2). The literature indicates that this can be the result of two reinforcing
phenomena. On the one hand there is the systemic reality of negative rather than positive
representation of Aboriginal people within the justice system. Structural discrimination, both
real and perceived, is the product of a legal system in which Aboriginal people are vastly overrepresented as clients and defendants and dramatically under-represented as practitioners and
litigators. Legal Aid Ontario acknowledges the fact that Aboriginal people in Ontario are illserved by a system that is both culturally foreign and saddled by historical and systemic
injustice and ignorance (Legal Aid Ontario, 2008, p. 2). This resonates with associate Chief
Judge Murray Sinclairs observation in 1997 that:
[W]hen the justice system can be fallible where Aboriginal people are
concerned, it is fallible. It fails at virtually every point in the system in the
process. This is understandable because, quite frankly, Aboriginal people and
the Euro-Canadian justice system they come into contact with are inherently
in conflict. (Quoted in Zalik, 2006, p. 11)
Aboriginal clients are also more likely to avoid programs and supports available to them for fear
of disproportionate and intensely negative local reaction (Human Rights Legal Support Centre
Annual Report, 2013, p. 9). Aboriginal communities are often judging the person providing the
information, rather than the material itself (Zalik, 2006), and the perception that the court
system is a white-privileged system can make Aboriginal clients more inclined to plead guilty
and get it over with rather than attempt to adequately present their case (Reid & Malcolmson,
2008, p. 56). This reoccurring theme in the literature makes it all the more important that
service providers, note, understand, and then acknowledge in a direct way that the history of
our country since first contact has created mistrust, unease, and even hostility. This means that
many Aboriginal people will not seek services from non-Aboriginal providers (Spence &
White, 2013, p. 93).
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PROMISING PRACTICES
As a result of this uneasy relationship, many jurisdictions have established Aboriginal run legal
services, which are generally perceived by scholars and Indigenous peoples as positive actors in
the process of regaining sovereignty for Aboriginal peoples (Lancaster, 1994; Mitchell & Bruhn,
2009; Nielsen, 2006). Some jurisdictions have not, however, and there remains some question
as to whether, in the absence of a genuine and meaningful right to self-governance, the
devolution of self-administered program delivery is more of a burden than a boon to the cause of
self-determination (Rae, 2009).
Spence and White confront this question head on, asking are there services that must be
delivered by Aboriginal-specific providers? Our answer is no (Spence & White, 2013, p. 93).
While general service providers are in theory available to Aboriginal peoples and many do access
them alongside the general population, a lack of expertise in delivering culturally appropriate
services is a common organizational deficit that deters many potential clients. A variety of
remedies are proposed to address this deficit, including incorporating more visible Aboriginal
art, language, and cultural symbols into clinic offices (Nielsen, 2006), expanding PLE in
Aboriginal communities (Rahman, 2011; Walkem, 2007), and hosting talking circles and
community feasts (Rahman, 2011; Zalik, 2006), but it is important to recognize that there is no
one-size-fits-all solution (Spence & White, 2013).
One recommendation that was consistent across the literature was to increase Aboriginal
representation within clinics and their boards (Rahman, 2011; Spence & White, 2013; Mitchell &
Bruhn, 2009; Reid & Malcolmson, 2008; Walkem, 2007; Nielsen, 2006). There is increasing
recognition that non-Aboriginal agencies staffed by Aboriginal people are more likely to attract
Aboriginal populations, particularly youth (Spence & White, 2013). Ideas to facilitate this range
from mentorship programs (Walkem, 2007) to incentive programs for Aboriginal law students
to work within the community after law school (Rahman, 2011), as well as taking a life course
approach to services provision (Spence & White, 2013). A similar recommendation that received
some agreement was the need for cultural sensitivity or cultural-spiritual-experience awareness
training (Legal Aid Ontario, 2008; Spence & White, 2013). This should ideally be done with local
Aboriginal community members that understand the local cultural traditions, protocols, and
issues (Mitchell & Bruhn, 2009).
Collaboration with Aboriginal organizations was also considered an important step in building
relationships within Aboriginal populations (Spence & White, 2013; Walkem, 2007; Zalik,
2006). These partnerships can come in a variety of forms, both formal and informal, and can
incorporate numerous activities that share physical resources, human capital, and cultural
competencies. In any partnership a mutual relationship of respect with shared responsibilities is
critical, as is a substantial investment of time and patience (Spence & White, 2013; Zalik, 2006).
Friendship Centres were discussed in many articles as fitting organizations, with established
reputations for service delivery within Aboriginal communities, that would be obvious prospects
for partnership (Spence & White, 2013; Hall, Weaver, Handfield-Jones, & Bouvette, 2008; Zalik,
2006). Legal services offered out of a Friendship Centre in Edmonton, for instance, led directly
to the creation of Native Counselling Services of Alberta (NCSA), an Indigenous run legal service
which now provides council for many Alberta Aboriginals (Nielsen, 2006).
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PROMISING PRACTICES
CULTURALLY APPROPRIATE DELIVERY
The literature emphasized the importance of offering culturally appropriate services. This
includes providing services in a clients first language (whether in French or another language),
with a focus on communicating in a colloquial, accessible fashion (i.e. along the formal-informal
spectrum), and ensuring that services are provided by a member of the community (Gong-Guy,
Cravens & Patterson, 1991). Some of the benefits of providing culturally appropriate services
include being able to spend more time discussing issues in depth, avoiding misunderstandings,
and building trust between clients and service providers (Gong-Guy, Cravens & Patterson, 1991).
AGENCY COLLABORATION
The idea that agencies offering services in French should have greater collaboration was
consistent in the literature (Younes, 2004; Drolet, et al., 2014). Since it is perceived as more
difficult for Francophones to access services, and because Francophone services are less
widespread, the literature suggested that those agencies that do provide these services should
develop a formalized network. These networks were seen to assist French-speaking staff in
providing a welcoming atmosphere across the spectrum of francophone services, and warm
referrals and making better use of Francophone resources (Drolet, et al., 2014).
OUTREACH TO FRANCOPHONE COMMUNITIES
As mentioned previously, the literature pointed to a lack of resources provided in French, but
also identified that the French-language services that are available are not well known to
Francophone communities (Ngwakongwi, et al., 2012). As a strategy to address the mistrust
Francophone clients may have of service agencies, and thus increase Francophones willingness
to seek help from those organizations, agencies should conduct outreach to Francophone
communities (Gong-Guy, Cravens & Patterson, 1991). One method of outreach is making it
known that services are provided in French by offering flyers and other documents in French
(Ngwakongnwi, et al., 2012).
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BENEFITS
CAPACITY TO ADDRESS THE SOCIAL DETERMINANTS OF HEALTH (SDH)
Throughout the literature, MLPs are reported to frame legal issues as a significant social
determinant of health (SDH), given that legal issues put significant stress on individuals,
particularly in vulnerable populations, which can often have direct impacts on health and
wellbeing (Noble, 2012; Paul et al., 2009; Regenstein, 2015, Noone & Digney, 2010). As result,
the literature suggests legal support can be understood as a central facet of comprehensive
healthcare delivery (Marple, 2015, Gyorki, 2013). Further, Beck et al. (2012) note that
interventions that focus on just 1 of the SDH may lead to improvements of other social,
economic, or environmental risks (p. 836).
IMPROVED ACCESS TO LEGAL SERVICES FOR VULNERABLE AND RURAL
POPULATIONS
MLPs can also improve access to justice for vulnerable populations, as the literature suggests
that many vulnerable populations are not able to access the legal system but are much more
likely to access the healthcare system (Noble, 2012; Cohen et al., 2010; Noone & Digney, 2010).
Further, Paul et al. (2009) note MLPs are uniquely equipped to advocate both for better services
and for legislation designed to improve the SDH for vulnerable populations. The research also
suggests that MLPs are particularly important in rural areas (Beeson, McAllister & Regenstein,
2013), where, according to Teufel (2012) poverty rates as well as morbidity and mortality rates
for many preventable or controllable diseases are usually higher and access to services is more
limited (p. 706).
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CHALLENGES
BARRIERS TO FORMING SUCCESSFUL PARTNERSHIPS
The literature suggests several barriers that must be overcome in the formation of MLPs. Gyorki
(2013) notes although MLPs deliver collaborative services in unorthodox settings, legal services
must retain the ethical obligations of the legal profession, while medical professionals must
maintain the confidentiality of health information. This creates challenges in the transmission of
information between the two professions, and necessitates the development of a well-coordinated information sharing system.
Further, Gyorki (2013) suggests that because medical care teams often work very closely
together, and form robust client-patient relationships, it can often be difficult to integrate
lawyers into this dynamic without compromising client relationships, confidentiality, and trust.
Trust can also be an issue between medical and legal professionals (Gyorki, 2013; Noone &
Digney, 2010). Gyorki suggests that there is often concern amongst the medical community that
the presence of legal professionals on the care team will make the pathway to bringing a
medical negligence claim more seamless for patients (p. 76, 2013). As a result, it is crucial to
establish parameters of a working relationship from the outset and reassure medical staff that
MLPs do not exist to address cases of medical negligence or malpractice (Gyorki, 2013). Tension
can also arise as a result of the disparity between the professional cultures of medical and legal
workers, which in turn poses challenges in aligning an MLPs scope of work and defining its
successes and failures (Regenstein, 2015).
FUNDING
Several authors identified funding as a significant challenge in the implementation of effective
and sustainable MLPs. Regenstein (2015) noted that funding for legal staff must often be
sourced from outside of the healthcare system, and that MLPs often rely on local community
legal clinics, law schools, and pro-bono services in order to fund and staff their initiatives. The
literature also suggests that in order to secure more sustainable funding, MLPs need to explore
joint sources of funding and work to solidify the perception of legal services as a fundamental
element of holistic health care (Gyorki, 2013; Sandel et al., 2009). Further, Noone and Digney
(2010) find that MLPs are less likely to be effective if they are under pressure to meet service
targets or reduce wait times, or are funded per service.
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EVALUATION
Gyorki (2013) notes that conducting needs assessments are critical to ensuring legal services
match community needs. This may entail expanding areas of practice or engaging pro-bono
services. Continued evaluation of the effectives of an MLP is also central to its long-term
success. Gyorki identifies that effective evaluation should entail studying both the health
impacts that legal intervention has on patients and also the financial return on investing in
medical-legal partnerships.
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DEMOGRAPHICS
In such a large and diverse region, it is no surprise that staff reported working with a diverse
range of demographics. Staff working in regions that have urban centres said that immigration
has been on the rise in recent years, and that newcomers are a growing demographic that
require legal services. However, the majority of clinics that serve rural populations, while
acknowledging a distinct lack of services available to immigrant populations, did not feel that
the growth in immigrant populations was a pressing concern. There was divergence, however, in
whether staff were seeing this population coming into the community legal clinic for services.
The staff of one clinic reported that there has been an increase in the language needs and
cultural diversity of clients at their clinic, and staff of another clinic said that these clients are
not making their way into the clinic. Those that said newcomers were not accessing services
suggested that they are often referred to Legal Aid Ontario instead of the clinic.
Similarly, seniors and aging populations were identified in some of the rural areas as a growing
demographic in both the client and community population, while other clinics mentioned
seniors as a relatively stable client demographic. Some felt the mix was pretty even between
older and younger clients, but they expected to see an increase in seniors as the general
population ages. Younger clients were also identified only once as a significant or increasing
demographic in Peterborough, but it was noted that it is often harder for younger clients to
make connections, get referrals, and make it into the clinic. One staff member observed that we
are likely only seeing the tip of the iceberg when it comes to younger clients.
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TYPES OF LAW
The most significant areas of law identified by staff were income assistance including Ontario
Disability Support Program (ODSP) and Canada Pension Plan (CPP), housing issues including
landlord and tenant issues and eviction, and employment issues including EI and Workers
Compensation.
Staff reported several areas of law in which they wanted to expand their practice, including
human rights, criminal injuries, credit counselling/debtor law, consumer law, duty counsel and
wills and power of attorney. There was some disagreement around whether it was in the best
interest of clients to broaden service to more types of law or to focus on only some but in great
depth.
Clinic staff in areas of increased immigration reported a need for clinic to offer immigration law
services. There was concern that staff did not have the expertise to provide services in this area,
and it was suggested that additional training or specialized staff would be required.
Staff in most clinics noted that clients often have family legal issues and criminal legal issues.
Staff suggested that these issues would be best addressed by forming partnerships with agencies
that provide these services, since as things are now, community legal clinic staff do not have the
expertise to practice family and criminal law. Several staff identified the lack of services in their
community as one of the challenges of meeting those needs. This was especially true with
criminal legal issues, with staff saying that sometimes there are not a lot of options for referring
clients to criminal legal service for people with low income. It was mentioned that Family Legal
Information Centre (FLIC) and LAO were common points of referral for family law issues.
FRENCH SERVICES
Although most legal clinic staff indicated that there was not a large Francophone population in
their community, some identified challenges in providing services to this population. It was
noted that even though services are provided in French, much of the documentation still needs
to be translated, since most of it is only available in English. This can lead to delays for clients
that need these services. It was also noted that clients need to be able to provide testimony in
their native language in order for them to adequately convey their experiences and perspectives.
Community legal clinics that often work in French stressed the importance of language-specific
and culturally specific services for their clients.
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USE OF TECHNOLOGY
The use of technology was greeted with mixed reaction by clinic staff. As a means of improving
communication, outreach, and intake, various technological approaches were suggested but in
nearly every case these suggestions were accompanied by concerns that not all clients have
access to these technologies. Clinics that declared a preferred method of intake favoured inperson walk-ins and appointments to other forms of intake. Where email was used to
communicate with clients there were conflicting experiences of the frequency of use, ranging
from very rare to daily contact from clients seeking help. One concern that was raised was that
increased connectivity may break down the screen between the home and work life for staff.
Some staff were also sceptical about client literacy and capacity to use technology even when
they could access it, observing that it can be more of a barrier than a benefit for some clients.
Most agreed that technology could be used to supplement rather than replace existing systems,
helping to create more avenues for access to service.
Further, there seemed to be some uncertainty when it came to the capacity of data management
and tracking systems like CMT and CIMS to effectively create efficiencies without complicating
the process. Staff that reported prior negative experiences with such platforms were particularly
concerned about this. Clinics using CMT described it as slow and felt that it was out-dated. In
some cases staff had replaced it or supplemented it with a patchwork of different programs,
databases, and alternative intake management strategies. Despite these shortcomings, staff did
suggest that improving digital intake management was preferable to hand written forms and
hard copies, which are slow to complete and easily misplaced.
Phones and phone systems were identified by staff at most clinics as important aspects of their
work in the office. Those that indicated a degree of prevalence for intake methods said phones
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STAFF TRAINING
Most staff expressed an interest in more opportunities for training or to attend conferences. This
included training for particular areas of law as well as non-legal training for things like
information technology and training to be better prepared for work with clients with mental
health issues. In some cases where the skill level needed is very high, such as immigration law,
there was concern that training would not be adequate and that only partnering with agencies or
hiring staff that specialize in such areas could really address this issue. Another common
concern was creating the time for staff to have further training opportunities, given that staff
workloads are frequently high.
KNOWLEDGE SHARING
A common theme raised by clinic staff was an interest in exploring new approaches to
knowledge sharing with other community legal clinics in Ontario, and those participating in the
ECRTP. Ideas mentioned include sharing online forms, intake manuals, and other tools they use
in their day-to-day work. Several groups mentioned that the relationships developed at regional
training sessions were useful resources to develop connections with staff from other clinics, but
it should be noted that this has changed in recent years since staff are now trained separately.
Staff suggested that technological tools such as the clinic list-serve and online training
directories are useful ways of sharing information. With respect to specialized staff skills, several
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CLINIC CULTURE
Most staff felt that their relationships with their colleagues were invaluable and central to the
clinic culture. All clinics mentioned either collaboration or communication, or both, as
important elements of the clinic culture; it was often raised as necessary for maintaining the
work of the office. All clinics also identified compassion and empathy for clients or a client
focused approach as being a clinic strength or an element of clinic culture. Experienced
colleagues were highly valued in clinics with staff that had worked in the system for many years.
Non-legal staff working in administration, reception, or intake were also highly valued at every
clinic, described as a god-send and as indispensable to the work of several clinics. A few clinics
mentioned that changing clinic culture is very difficult and two clinics expressed reservations
about the hierarchical nature of the clinic system being the best way to organize the office.
SATELLITE SERVICES
Many of the participating community legal clinics offer satellite services, and most have tried
offering satellite services at some point in the past. Staff who were familiar with satellites were
generally pleased with them and saw value in being physically located in several communities.
Several staff also expressed interest in developing new satellite locations, and one staff member
suggested LAO staff that practice in different areas of law might be able to share space with
community legal clinic staff as a means of expanding service delivery.
While responses to the notion of satellite services were generally positive, one clinic observed
that the efficacy of a satellite depends on many factors. In some cases satellites that served very
few clients or suffered from staffing pressures ended up closing. Staff identified resourcing and
lack of communication as potential pitfalls of the satellite model. They also noted that travel
times for clients accessing services at a satellite are reduced but they are not eliminated, and
several staff members felt their satellites were still not accessible to some clients.
Many community legal clinics maintain policies requiring at least two staff to open a satellite
location. Satellites are both run by appointment and operated as walk-ins. While some staff
noted that walk-in satellites had not worked in the past, one walk-in continues to operate
effectively.
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LEGAL NEEDS
LEGAL CONCERNS REPORTED BY PARTICIPANTS
When asked which legal issues participants and their families, friends, and communities were
concerned about, participants reported a wide range of legal needs. However, six areas of legal
need featured prominently in the discussions: income maintenance (including ODSP and OW),
housing/landlord issues, workers compensation (WSIB), the Canadian Pension Plan (CPP),
employment, and family law.
Participants reported having extensive experience with legal issues regarding income
maintenance, specifically the Ontario Disability Support Program (ODSP), which was
mentioned in all focus groups. Although many participants also identified legal needs
concerning the Ontario Works (OW) program (mentioned in half of the focus groups), ODSP
was identified as an overwhelming issue. Another prominent area of need identified by
participants in all but one focus group was the issue of housing and dealings with the Landlord
and Tenant Board (LTB). Legal issues with workers compensation (or WSIB), the Canadian
Pension Plan (CPP), and employment also came up in over half the focus groups. Services in
these areas of law are generally available from community legal clinics in the East-Central
region of Ontario, and are encompassed in their mandate.
Another area where participants reported significant need was in family law, mentioned in half
of the focus groups. Immigration law was mentioned as an area of law where people experience
need by a participant in one focus group. Human rights issues were mentioned twice; in one
focus group, they were linked with issues concerning housing and income maintenance (ODSP);
in another focus group, they were linked with employment. Participants in one focus group
identified an overall gap in services for Aboriginal and First Nations people, including legal
supports.
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This list generally mirrors the full breadth of services available at community legal clinics. In
addition to these, clients reported other services that do not fall under the category of formal
legal services. A significant number of participants reported that their experiences with the
community legal clinic brought them a sense of relief, empowerment, and hope. This was a
major theme in most of the focus group discussions. One participant stated that they felt their
case-worker carried the stress for them, relieving them of the burden.
Participants often contrasted their experiences at their community legal clinics with their
experiences with other agencies, namely government agencies.2 Participants often felt that the
government programs and services they interacted with namely ODSP, OW, WSIB, and CPP
A conflation between community legal clinics and Legal Aid Ontario was commonly made amongst focus
group participants. Thus, many participants seemed to consider their community legal clinics to be
government agencies, and not non-profit clinics operating with government funding.
2
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Clinic staff have access to information and expertise that the general public and other
service agencies do not have access to.
Clinic staff were prompt in faxing documents.
Caseworkers liaised effectively with other parties (such as ODSP or OW workers, doctors,
etc.) and kept the file organized and on track.
Caseworkers effectively explained the systems clients were interacting with in ways that
were thorough and easy to understand, making sense of systems and processes many
clients found frustrating and confounding.
Clinic staff were generally good at ensuring clients were well prepared.
Clinic staff treated clients with compassion and understanding, and gave them the
support they reported being unable to get at other agencies.
Clinic staff kept their clients updated and contacted them regularly.
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Some clients reported having difficulties getting through to in-take over the phone or
during drop-ins, or having to wait in long lines for in-person follow-ups, such as
dropping off or signing documents.
Some clients from a few clinics reported privacy issues, specifically where intake might
be conducted in an audible range of waiting areas.
Some respondents from some focus groups reported having had to leave their clinic after
arriving during a drop-in, even early on in the day, because of limited capacity.
Some clients reported feeling unprepared for navigating external systems (such as ODSP,
OW, or the LTB) or self-representation. One client felt that clinic staff skipped over
providing an adequate explanation of these systems because they expected clients to
know what they needed to know.
Clients from one focus group did suggest a more robust triage system for in-person
intake. For example, clients reported having to wait in long lines just to drop off
documents. These clients suggested using drop-in windows for intake, and scheduling
in-person appointments over the phone for any follow-up visits.
Some clients felt that lawyers were doing work that could and should be done by
dedicated administrative staff, such as photocopying and sending forms.
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Giving more clients the option to mail, fax, or scan and email documents.
Communicating more frequently over email.
Providing the option of having appointments over the phone rather than in-person.
Providing more mobile services so people can access supports closer to where they live.
Examples included visiting clients at their homes or scheduling appointments at other
local agencies, such as a library.
Giving clients the option to videoconference with staff at legal clinics from their homes
when possible, or from nearby agencies with computers, internet access, and a private
space to ensure confidentiality.
ACCESSIBILITY
Clients also identified accessible clinic locations as a barrier, though many did so anecdotally.
They suggested renovating office locations to make them more accessible where accessibility
was identified as an issue for clients using wheelchairs or other mobility aids.
NAVIGATING COMPLICATED AND CONFOUNDING SYSTEMS
Many clients detailed the confusing and often frustrating experiences they had navigating
income maintenance programs such as ODSP and OW, and other bodies such as the landlord
and tenant board. Although this came up frequently, it was not identified as a barrier to
accessing the clinic per se, but rather as a barrier to getting their cases resolved quickly and
efficiently, and as a barrier in other aspects of their lives. Clients felt that clinics should provide
more information and support about how to fill out forms and other documentation.
LACK OF AWARENESS
The predominant barrier mentioned by clients was a lack of information about the services
available to them. This came up as a barrier to accessing legal clinic services, but also to
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Advertising in public spaces and service agencies. These could include billboards, signs,
advertisements in local papers, fliers, or pamphlets handed out with documentation
from other agencies.
o A common suggestion was that letters from ODSP, OW, or other agencies include
a small pamphlet or booklet with information about the local community legal
clinic.
o Other locations that were suggested as good places to advertise included food
banks, shelters, housing services, private lawyers offices, doctors offices, grocery
stores, libraries, and pharmacies.
Television and radio advertisements. Suggestions included advertisements providing
brief information about local community legal clinics, and guest spots on television or
radio programs where someone from the local clinic could go into more depth about the
services they offer or a specific legal topic.
Communicating on social media. Social media was suggested as a way to raise general
awareness about the local legal clinic without providing specific information on any
particular topic.
OTHER BARRIERS
Clients discussed other barriers to accessing services at the community legal clinic, which
included:
Stigma. Some clients reported feelings of embarrassment, or worrying that others would
know they were accessing legal services.
Costs associated with obtaining letters from doctors.
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CLINIC LOCATIONS
Many clients were happy with the current locations of their community legal clinics, although
some identified accessibility issues, and clients at one focus group were disappointed that the
clinic had changed locations. Where clinics were closely located to other services and to bus
routes or other transportation networks, clients were generally happy with the current location
of their clinic. Clients from rural areas tended to bring up parking issues more frequently.
Where clients had access to satellite services, they were generally satisfied with the location of
clinic satellites.
Opinions about the proximity of community legal clinics to other services, or the prospect of colocating clinics with other programs or services, were mixed. Most clients who were in favour of
close proximity or co-location with other services were already going to clinics that were close to
other services and programs or shared spaces with them. The opposite was also true: clients who
felt clinics should not co-locate with other programs or services, or who were ambivalent about
their proximity to other services, generally went to clinics that were not close to or co-located
with other programs and services.
When the topic of co-location came up, clients consistently mentioned ODSP offices, mental
health agencies, and LAO as potential agencies and services clinics might co-locate with.
However, opinions about these possible arrangements were not consistent. Though some clients
felt these co-locations would make referrals and collaboration easier, other were concerned
about confusion and confidentiality.
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USE OF TECHNOLOGY
When asked about the use of technology, clients were generally quick to assert that it cannot
replace front-line services.
The options for using technology to provide services that were discussed included videoconferencing, an enhanced website, completing more work on-line, and an increased social
media presence. Opinions were quite mixed for all options discussed.
VIDEO-CONFERENCING
Some clients saw video-conferencing as a good way of addressing transportation, time, and
anxiety barriers, and of connecting with experts and services in urban centres. In fact, some
clients brought this up as a suggestion for bridging distance and transportation barriers without
being prompted. However, some clients also expressed concerns: they saw video-conferencing
as awkward, confusing, inaccessible, and unreliable. Issues about the inaccessibility and
unreliability of video-conferencing were related to other barriers, such as a lack of affordable,
stable, and reliable internet connectivity, and a lack of access to computers and videoconferencing software. Clients discussed providing video-conferencing sites at local agencies as
a strategy for addressing these specific barriers, along with ensuring that video-conferencing is
fully accessible. To address concerns about awkward and confusing communication via videoconferencing, it was stressed that this be offered as an alternative to but not a replacement for
in-person appointments.
Both proponents and opponents were mixed between people who had used video-conferencing
with other service providers and had had either positive or negative experiences, and among
those who had never used it before. There were no significant correlations between support for
this technology and previous positive experiences with it, as there were no significant
correlations between opposition and unfamiliarity with the technology or previous negative
experiences.
ENHANCED WEBSITE, MORE WORK ONLINE
Opinions were also mixed on the topic of enhancing clinic websites and doing more casework
online. Some clients reported never using their clinics website and were ambivalent about any
potential improvements to it. Others felt the website would be a great resource for information,
especially for people who have trouble accessing clinics in-person.
Some clients felt an enhanced website would detract from core services. Both supporters and
detractors mentioned accessibility issues, especially for rural clients who had limited access to
internet infrastructure and personal computers.
SOCIAL MEDIA PRESENCE
Some clients considered an increased social media presence to be a good way of getting the word
out about community legal clinics and the services they provide. Some considered this to be a
good alternative for people who are uncomfortable phoning or walking in, if they were able to
contact staff at the legal clinic through direct messaging, provided staff responded regularly.
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The two most common barriers in accessing the legal clinic were difficulty in traveling to
the clinic for support (14%), or not wanting to ask for help due to stigma or
embarrassment (13%). These results reflect other research on this issue, though 41%
indicated that they encountered other barriers not identified in the survey.
20% of respondents indicated that they did not know about the clinic or where to get
legal help. This suggests that there is an uneven awareness of legal clinic services, and
represents a potential area for growth in the future.
Word of mouth (47%) and referral (26%) were the most common methods through
which people found out about the legal clinic, while online resources (7%), storefront
signage (2%), and Yellow pages (1%) were the least common. This echoes what client
reported in focus groups and could direct how legal clinics want to spread awareness
about their services.
Income maintenance, employment, and housing are the areas of law that are of greatest
concern to clients, as well as areas where clients have the most trouble accessing support.
Though clients did indicate significant trouble accessing support for areas of law not
specified by the survey (25%), these areas were not of significant concern to clients (9%).
90% of clients felt the help they received was the help they needed. 81% were satisfied or
very satisfied with the support they received from staff and 59% were satisfied or very
satisfied with the outcome of their cases.
Though more information over the phone (24%) was the most common area identified
by clients for improvement and more appointments with legal workers (14%) was a midlevel priority, it should be noted that 73% of clients preferred in-person meetings while
only 33% indicated a preference for services delivered over the phone (with some, of
course, preferring either).
66% of clients currently attend in-person meetings while 42% communicate over the
phone.
45% of respondents felt they would receive somewhat or much better service if video
conferencing were offered by the clinic, while only 10% thought it would result in
somewhat or much worse service.
Clients were more divided about increased use of social media, with 48% believing it
would result in somewhat or much better service and 32% believing service would be
somewhat or much worse service.
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While 96% of people felt that the current location of their clinic or satellite office was
good, a slim majority (52%) of respondents felt the clinic would benefit from sharing
space with other agencies.
63% of respondents felt advice provided via email would improve service, while 13% that
felt it would be a detriment.
44% of respondents felt that online intake would better clinic services, 22% said that it
would hinder clinic services and 34% said it would be neither better nor worse.
38% of respondents felt that enhancing clinic websites would improve service, while 3%
felt it would be a detriment. All remaining respondents were indifferent.
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INTER-CLINIC INTERACTION
There was a general sense that there is not a great deal of collaboration between community
legal clinics. Several stakeholders pointed out that the ECRTP is a collaborative project, but
some also said that beyond this their clinic has little in common with other community legal
clinics. A few stakeholders noted collaboration between clinics with different expertise, while
others noted collaborative PLE initiatives and links between community legal clinic websites as
examples of inter-clinic collaboration.
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ABORIGINAL RESIDENTS
LANGUAGE ISSUES
One stakeholder familiar with Aboriginal service delivery noted that it is not effective to
translate written materials for Aboriginal clients who dont speak English. Documents and legal
processes should be shared verbally because most Aboriginal languages are oral rather than
written languages.
LARGE RESERVE POPULATIONS
Several stakeholders reported the presence of large reserves in their areas, noting strong
collaboration between local service providers and local reserves, as well as reporting the
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TECHNOLOGY
COMPUTER ACCESSIBLITY A CHALLENGE FOR RURAL POPULATIONS
Many stakeholders reported that accessing computers can be difficult for rural populations, and
said that high-speed internet connectivity is often sparse. It was also suggested by several
stakeholders that computer literacy is a challenge for many rural populations, with one
stakeholder suggesting that such populations tend to have quite traditional values, and can often
be suspicious of computer technologies. One stakeholder suggested that libraries could be a
point of access for delivering online legal services, but it was noted that rural libraries also
frequently suffer from a lack of high speed internet, and pointed out that there might be privacy
issues associated with this kind of service delivery. A stakeholder familiar with the Ontario
justice system also noted that technology is also discouraged in the courts because of the
possibility that proceedings might be filmed.
VIDEO CONFERENCING
In spite of concerns about computer accessibility, many stakeholders suggested that video
conferencing might be an effective way to provide legal services for clients, provided that they
have sufficient access to the internet. Several suggested that video conferencing would also be an
effective way for professionals to communicate with each other, facilitating easy communication
with legal experts and other services in different parts of the province or country. Several
stakeholders stressed that video conferencing should not be used to replace in person legal
services but rather to supplement them, noting the importance of building meaningful
relationships with clients. One stakeholder suggested that video conferencing might be
particularly effective for youth, who tend to be more computer literate. Another stakeholder
with considerable knowledge of the Deaf community noted that their local community legal
clinic had experimented successfully with using video conferencing as a means of
communicating with Deaf clients.
On the other hand, some stakeholders noted that because of computer illiteracy, internet
connectivity, and poor bandwidth, video conferencing would not be effective at improving rural
clients access to community legal clinics.
SERVICES VIA TELEPHONE
A few stakeholders suggested that the telephone is an effective way to communicate with
community legal clinic clients. One stakeholder noted that toll-free calling is essential for lowincome clients, while another suggested that texting might be an effective strategy for younger
clients with mobile phones. One stakeholder said that the Ontario Telehealth Network (OTN)
has been an effective tool for addressing the health concerns of rural communities, and could
provide the basis for an over-the-phone legal service. By contrast, another stakeholder suggested
that OTN has been highly ineffective.
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SELF-REPRESENTATION
SELF-REPRESENTATION LARGELY INEFFECTIVE
Most stakeholders suggested that self-representation does not work for clients of community
legal clinics. Stakeholders involved in social service provision noted that self-representation is
especially challenging for those struggling with mental health and developmental issues, and for
those with low levels of literacy and education. There was a prevailing sense that community
legal clinic clients dont have the legal knowledge to self-represent, and that legal representation
is essential in order to protect clients rights. One stakeholder noted that it is often difficult for
judges to reconcile the differences between clients with and without representation. Another
stakeholder advocated for increasing legal clinic representation and getting rid of the current
system of issuing certificates, noting that community legal clinics should have the capacity to do
more work in high priority areas of law.
SELF-REPRESENTATION CAN BE EFFECTIVE FOR SOME CLIENTS
A minority of stakeholders noted that in certain circumstances self-representation can be
effective, with one also noting that it is often more cost effective than providing clients with
representation. Stakeholders suggested that it is essential that community legal clinics identify
clients with the capacity to self-represent and provide them with the support and information
needed to succeed. One stakeholder added that self-representation is particularly effective in
settings such as tribunals, agencies, boards, and commissions rather than formal courts.
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CHALLENGES
Board members at every clinic indicated that housing is a major, if not the most pressing
priority. Two clinic boards indicated that housing issues within their catchment are getting
worse. One response indicated that average rentals have risen higher than ODSP benefits can
cover, meaning that securing housing can remain a challenge even for clients that have
succeeded in their ODSP appeals. Another indicated that dwindling numbers of shelter beds,
particularly for women, is placing increased significance on the clinics efforts toward eviction
prevention.
Francophone and Aboriginal or First Nations clients were identified as demographics that are
often under-serviced. Access to government services and documents in French was raised as a
significant problem by one of the clinic boards with extensive experience with these resources.
Two boards suggested that services to Aboriginal clients could be improved, while one did not
feel that there was a significant need within their catchment. Another clinic stated that
Aboriginal clients share the same legal problems as other clients and they have the capacity to
outreach to this population.
Three of the four board responses to the survey indicated that the distribution of services
around the catchment is a challenge that needs to be addressed. Two of these boards felt that
they could serve their catchments better with satellite locations that would help them access
rural populations. The third board response explained that the clinics service distribution
manages to align very closely to population distribution within the catchment, attributing their
success to satellite locations they operate. One clinic board indicated that its location in the
regions tertiary level health services centre means that the broader community benefited from
clinic resources more than regional offices.
The use of technology did not generate any significant agreement. While some clinics felt that
technology has the potential to expand services and improve access for clients, nearly as many
board responses suggested technology still remains as much of a barrier than a ready tool for
many clients. One clinic expressed optimism for the prospect of expanding the use of technology
between clinics. Two clinics were more reserved, suggesting that the clinic could benefit from
technology as long as face-to-face service is not jeopardized, and a third board was unequivocal
in their rejection of the idea, taking the loss of face-to-face services as unavoidable in such a
scenario.
STRENGTHS
Three clinic board responses cited their clinics ability to identify and react to the communitys
needs as an asset and a strength, with two of those boards referencing annual reviews that they
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RECOMMENDATIONS
Among the board responses were many valuable recommendations that merit consideration.
Individual recommendations are listed below as they were written or transcribed.
It is important that the clinics rely on each other for coaching in specialized areas. Use of
technology can assist in facilitating these relationships.
Renting our office space from other agencies throughout the community on a rotating
weekly or monthly schedule would allow more access to rural clients.
Clinics need to forget about the turf stuff. We need better tracking of referrals between
clinics. This would encourage more referrals to other clinics. What gets measured gets done.
The 1-800 service in Toronto could link local calls to local clinics.
FLIC offices could have a check list of questions to ask people they see, so they could identify
other legal problems that the clients may be experiencing and refer them to the clinic.
Board-to-Board collaboration might bring closer ties between clinics. We could work on
local get-togethers of just two or three clinics.
We could run a regionally managed social media account with people dedicated to keeping it
up to date. Twitter feeds could use frequent Did you know? facts that attract followers.
There is information that comes out from the ministry of health about moving to a service
delivery model with rural health hubs that might be an opportunity for clinics to look at how
they might relate to those health hubs.
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DEMOGRAPHICS OF CATCHMENT
Many executive directors reported an increase in mental health issues in their community, or at
least said that more people with mental health issues were coming into the clinic. This was tied
to executive directors reporting a phenomenal increase in ODSP cases being addressed by their
clinics, and noting that clinics have used some different methods to expedite and create efficient
services in ODSP, like specified teams and intake processes.
Some executive directors, notably those in areas that have or are close to large urban centres,
discussed an increase in immigration in their catchment area, but most indicated that
immigration is still very low.
Executive directors also frequently discussed poverty. Some said that it is growing because of
growing unemployment, but others reported that poverty levels are staying the same and will
always be there at some level. Unemployment arose as an issue related to poverty, especially in
relation to loss of factory, lumber and mining jobs in rural areas.
SOCIAL SERVICES
Executive director responses in discussing the priority areas of their community varied greatly
but those mentioned more than once were: people with disabilities and seniors, but some other
priorities mentioned were immigration, physical health, mental health, employment and
poverty.
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OUTREACH/COLLABORATION
Executive directors noted that their community legal clinics have many partnerships with
community agencies, with some of the most common being community health centres and
hospitals, newcomer agencies, schools with paralegal programs, community resource centres,
Ontario Works, mental health agencies, LAO, CMHA and local MPPs.
The types of partnerships that executive directors named most frequently were:
Formal partnerships developed with agencies in which their satellite locations are
combined
Partnerships with post-secondary institutions that provide paralegal students, interns
and/or volunteers
A warm referral system between partners
Delivering PLE to partners and training trusted intermediaries
Partnerships with organizations that do types of law or work that legal clinics do not do.
In most of these partnerships, executive directors said that informal partnerships were the most
common. Another collaborative area that executive directors discussed was working in networks
or on community projects for community causes, like housing, poverty, and seniors, among
others. Executive directors noted that through these networks of service agencies they are able
to advocate for positive change in their community on a larger scale.
A few directors mentioned that partnerships can be difficult in rural areas because there are a
lack of agencies. Some mentioned that although there are agencies in their catchment that
provide services for many issues, like housing, mental health, disabilities, etc., these agencies
tend to be few and located in bigger cities or towns. One ED mentioned that strong relationships
between agencies are very important for service delivery, especially in rural communities. Some
executive directors emphasized the importance of outreach, especially in raising awareness
about the community legal clinic but also about legal rights and access to justice.
LINGUISTIC BARRIERS
MEETING FRANCOPHONE NEEDS
There was significant divergence in executive directors experiences in both understanding the
needs of Francophones in their catchment and meeting those needs. Many executive directors
said that there was a very small Francophone population in their catchment. Some of those that
discussed this small population said that those Francophones that do come into the office are
also fluent in English. However, one executive director of a clinic with a higher Francophone
population stated that although Francophones may be fluent in English, they would still be more
comfortable speaking in their mother tongue, especially in stressful situations like when they are
in legal trouble.
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ABORIGINAL OUTREACH
Many executive directors said that they do have Aboriginal reserves in their catchment area, and
one that does not said that there is still a large Aboriginal population living off reserve in their
catchment. Many executive directors said that in the past they have tried to partner with
Aboriginal agencies or reach out to this population, with little success. Despite this, a few
community legal clinics have had success in this area, with one having a satellite on a reserve,
and some having Aboriginal board members or staff. Further, some executive directors said that
they are still working on reaching out to this population, especially through Aboriginal
Friendship Centres.
One executive director was concerned that the types of law that Aboriginal populations need are
not the types of law that legal clinics provide (i.e. criminal and family). In contrast, another said
that there are still areas of law that this population do need, such as ODSP, and that Aboriginal
populations living off reserve with low income would have very similar problems to the general
community, such income maintenance, housing, etc.
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TECHNOLOGY
There was a general sense that the technology used at community legal clinics is out-dated, and
directors reported that it is difficult to get updates. In some cases it was mentioned that
accessing the Internet will be a challenge, especially when working from satellite locations or
visiting rural or remote areas. One executive director felt that the clinics should not rely on any
more on technology because of the barriers to access that clients face, while those that
encouraged increased use of web access emphasized that clients should be able to access these
services at partner agencies. As far as current structures for supporting IT and website
management, executive directors mentioned that one of their staff, students or volunteers often
help out, not necessarily because they have specific IT training, but because they are the most
knowledgeable of the staff on hand. There was some interest in either IT training to be able to
better manage clinic websites or having a centralized website. Executive directors who
mentioned this as an interest expressed that they felt it was important to develop and maintain
an enhanced web presence to increase access to justice.
Many executive directors were interested in using videoconferencing, and saw this as a way to
communicate with more clients, as well as to access the expertise of other community legal
clinics around the province.
Some executive directors discussed using online intake forms, with mixed reactions about them.
Those that used them primarily with trusted intermediaries or workers at other agencies said
that they created efficiencies within the clinic and worked well, whereas those that did not have
a system of trusted intermediaries set up to use the online intake were more neutral about it.
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PROCESS
Executive directors had many concerns with the process of the current needs assessment, but
also showed optimism. Many of them were worried that the process will create conflict between
clinics, resulting in more turf wars, especially since the clinics are frequently measured against
one another by funders.
Some were also concerned that there has recently been a lot of change within clinics, and that
forcing more mergers or more changes at this point would have a significant negative impact on
service delivery.
Executive directors were most enthusiastic about the potential of the transformation project to
create efficiencies within their systems, increase collaboration and knowledge sharing between
clinics, and ultimately improve access to justice and service delivery for the clients in their
communities.
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FRANCOPHONE OUTREACH
There are Francophone populations across East and Central Ontario, although they vary in
density from under 5% to about 75%. Most of these populations are located in either the far East
of Ontario, in the counties of Prescott-Russell and Stormont, Dundas, Glengarry, or in urban
centres, such as Oshawa, Kingston, and Barrie, which tend to have higher populations of many
ethno-cultural communities. Some of the participating legal clinics cover geographical areas
where services are mandated by the province of Ontario to provide services in French. These
areas include:
Townships of Essa, Tiny and Penetanguishene in Simcoe County
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This is a vulnerable population across East and Central Ontario, especially in areas where
French is not the predominant language. There are real and perceived barriers to Francophones
accessing services at community legal clinics. Real barriers include a lack of legal services
provided in French, poorly translated documents and difficulty in attending legal hearings in
French. Some of the perceived barriers include the anticipated lack of cultural competency and
understanding from Anglophone service deliverers, and the perception that the client will be
considered difficult if they ask for service in French.
Legal Aid Ontario has developed a French Language Strategy for community legal clinics, which
discusses both the obligations and promising practices of providing appropriate legal services to
Ontarios Francophone population. However, issues have been raised with this strategy that
although the methods are well-researched there has not been a lot of implementation of the
methods outlined in the strategy. There have also been criticisms that there are no assurances of
equitable levels of service delivery incorporated in the French Language Strategy.
OPTIONS
Advocacy
As ten community agencies working together, the participating legal clinics could be a
significant advocate for improving the availability of French Language Service across the
province. In terms of ensuring equitable access, there is a significant development needed to
increase availability of hearings conducted in French, and assuring that there is no delay in
hearings conducted in French. Advocacy on this issue could affect policy and FLS in the longterm and could also increase the perception of the community legal clinics as welcoming spaces
for Francophones to seek help, if they are seen to be on their side.
Partnerships and networks
Developing a network of agencies that deliver services in French in Ontario, or a network of
French-speaking staff of Anglophone agencies could be a method of increasing the linguistic
capacity in the province. Some methods of this networks could be an online platform for sharing
translated tools and forms, workshops or training, regional meetings, or online chats. This
could include building upon existing networks, like the Franco-list developed by the Clinic
Resource Office (CRO). The goal of this tool would be to create a more seamless service for
Francophone clients through ease of referrals to other agencies that provide FLS, and to
increase knowledge sharing between Francophone service deliverers. This could also mean
developing strategic partnerships for building advocacy capacity, such as Colour of Poverty, who
advocate for people of colour, including racialized Francophones.
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NEWCOMERS/MIGRANT WORKERS/IMMIGRANTS
Newcomers, migrant workers and immigrants experience intersecting inequities, including
those that many community legal clinic clients face such as low-incomes and unstable
employment and housing, but they also face additional challenges through the immigrant
experience such as linguistic barriers, cultural barriers, and navigating a system unfamiliar to
them. Immigration is increasing in some larger urban centres in the East and Central region,
like Barrie and Oshawa, and also in areas experiencing urban sprawl around Ottawa and
Toronto. In areas where the local economy is reliant on manufacturing and farming, migrant
workers are a vulnerable population that tends to have unstable employment and whom
employers often exploit. Migrant workers therefore often face unique intersecting issues of
employment, immigration and workers compensation. There are still many areas in East and
Central region that have low immigration, but it is expected that these numbers will increase in
the future.
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YOUTH OUTREACH
Youth represent a vulnerable population, sometimes exposed to generational poverty, or even
generational ODSP, meaning generations within the same family in need of financial support
from ODSP. This population tends to have housing issues, because students often live in
precarious housing situations, or because they have employment issues, especially in rural areas
where there is a lack of stable employment opportunities for young people. There is also a
tendency for young people to not advocate for themselves, and only access legal services if the
matter is urgent. These issues have led to a community legal clinic interest in preventative
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SENIORS
In many areas of the East and Central Region there are growing senior populations. These
populations have varied needs, with some being retirees who are not necessarily a vulnerable
population who would not need legal clinic services, and some very vulnerable populations,
potentially with income, housing maintenance, communication, and mobility issues. Seniors are
accessing community legal clinics at various rates, with some clinics seeing an increase in
seniors coming into their clinics, and some expecting an increase, but not seeing it yet.
OPTIONS
Medical Legal Partnerships
MLPs are an initiative that has shown to improve individuals health, since legal health has been
determined as a significant factor in the social determinants of health. This partnership could
include training family doctors to identify legal issues and conduct legal health checks. The
nature of these partnerships can vary, such as collaborative PLE and health promotion, since
they are often reaching out to similar audiences, although there tends to be more emphasis on
preventative work in the medical field.
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DEAF POPULATION
This is a vulnerable population, with significant communication barriers. Where there are large
agencies that serve this population, it tends to draw more people to the community. There is
currently low capacity to serve this population, since most clinic services are provided in-person
or by telephone, and sign language translation is not readily available.
OPTIONS
Cultural competency
Training for staff in cultural competency and delivering services form an Anti-Oppressive
Practice lens will increase the perception that legal clinics are a safe place for Deaf people to seek
services. Another suggestion that helps with this perception is providing outdoor signage and
flyers that advertise that American Sign Language is available.
Effective communication
Developing effective ways of communicating with Deaf clients will better meet the needs of this
population and increase their access to legal clinic services. Some strategies include texting and
emailing updates and documents to Deaf clients when possible, or offering ASL translation
through videoconferencing, which is currently being piloted in the Community Advocacy &
Legal Centre. Any such strategies should be reviewed to ensure they are in compliance with the
Law Society of Upper Canada.
Partnerships
Developing partnerships with agencies that serve this population can increase the visibility of
legal clinic services, and lower barriers that Deaf people face in entering clinics through mutual
referrals from service providers they trust. A satellite office could also be offered at a community
partners office that people who are Deaf frequently access.
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RURAL POPULATIONS
Most of the participating community legal clinics have rural regions in their catchments. The
community legal clinics have established many innovative ways of accessing this population, but
they still frequently struggle to do so. There are significant transportation barriers to rural
populations accessing legal clinic services. There are other barriers to accessing clinics, such as
access to internet and illiteracy. Rural populations are hesitant to access services and have
greater mistrust in government agencies.
There are two main reasons for legal clinics to set up satellites:
OPTIONS
Rural and remote strategy
Given the specific needs and unique characteristics of rural and remote communities and
clients, a well-supported option for meeting those needs is further investigating the needs and
gaps and developing a Rural and Remote Strategy. This strategy, similar to the Aboriginal
Justice Strategy or French Language Strategy, would outline priorities and goals of reaching out
to and supporting rural and remote populations. However, this strategy should also set specific
targets and goals, to assure that community legal clinics and LAO are making efforts to comply
with the Rural and Remote Strategy.
Satellite locations
Although already a main pillar of rural outreach for many clinics, there are still areas in the
region that do not have access to offices or satellite locations. Satellite locations often work best
when they are located at the same place as another service agency, and especially if there is
another program happening at the same time as the clinic satellite, which draws in more
potential clients. It is also necessary to assure the satellite operates at regularly scheduled times.
Trusted intermediaries
Trusted intermediaries can be trained to identify legal issues, and refer community members to
the legal clinics. The types of trusted intermediaries recruited for this job can fall into four
general categories; (1) voluntary or informal, like friends, neighbours, faith leaders, or wellknown community members, (2) people in the helping professions, such as teachers, social
workers, or nurses, (3) people connected to the justice system, like court staff, private lawyers
and police officers, and (4) professional advocates, like union stewards, shelter support workers
or court diversion staff. The strategy in connecting to these types of people is that they either are
in contact with people who have legal issues directly, or they are in contact with people who have
any number of issue that might lead to a legal issue. Trusted intermediaries can be external
partners that serve as links to the system by identifying legal issues and directing clients to the
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CLINIC SERVICES
MEETING DEMAND
There is a high demand for legal clinic services, and clinics are often faced with shortage of
resources or capacity strain. Legal clinics currently try to represent as many people as possible,
but it is sometimes impossible because of resource strain. Although many other strategies
discussed in this section can also aid in meeting demand, such as developing strategic and
meaningful partnerships, population-targeted strategies, and collaborative structures, this
section will discuss strategies to help reduce resource strain.
The efficacy of using self-representation as an effective strategy is hotly debated. Some of the
literature pointed to this being an ineffective solution, as did many community stakeholders.
However, some community stakeholders noted that with the eligibility criteria increasing, there
may be more people who have the capacity and will to self-represent. Although selfrepresentation would not work for many clients, some clients want to and are able to selfrepresent. There is also a chance that with the increase in eligibility criteria the number of
people who can self-represent will increase.
There are specific skills needed for intake, such as identifying issues and getting to the root of
peoples problems, or gaining the trust of clients and encouraging them to share personal stories
that may be of use. These skills are applicable across regions, while other skills, such as effective
referrals to the right local community resource, need local knowledge.
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AREAS OF LAW
There are significant ODSP demands, and although these are difficult to meet, clinics work hard
to not let them overtake other areas of law. Some clinics have developed different structures and
tools to better meet this demand, and represent clients. There are significant housing issues in
the region that are sometimes hard to manage due to the high volume of ODSP demands. There
are significant family law needs in communities, with very little resources to meet those needs.
There was interest and space for legal clinics to grow in both employment law and in supporting
people in attaining employment. Some clinics have coordinated on areas of law to better meet
needs, and there is interest from other clinics to do the same.
OPTIONS
Sharing expertise
As seen in the chart that shows the legal clinics practice areas, there is a high level of expertise
across clinics, but it is not uniform. This leads to concerns that some clients are not able to
access legal help because of the areas practiced in the catchment they live in. One opportunity
for growth named was an inter-clinic referral system of sharing certain types of law, such as a
partnership in which one clinic takes on consumer and debt law, where another takes on small
claims court. Another option would be offering videoconferencing services, so that if a client was
accessing the clinic in their catchment, they could easily speak to a legal worker with specific
expertise located in another catchment.
Peer training
Staff with different skills can conduct training with one another, to be able to increase capacity
and also increase communication between staff working at different clinics.
Partnerships with Family Law Information Centres
Family law was identified as a legal need that is currently unmet in the East and Central Region.
This need might be met by developing partnerships and implementing satellites with FLIC,
either from a FLIC legal worker working from a community legal centre or vice versa, by
increased mutual referrals, or even by peer-training with FLIC employees.
Pro-bono lawyers
There are often not a lot of supports for criminal law in the East and Central Region. Some of
this need might be able to be met if a formalized partnership was developed between PBLO and
pro-bono lawyers, making use of criminal legal skills in the private sector.
PARTNERSHIPS
Community legal clinics have found that effective partnerships can help them to:
Better meet the needs of clients by linking them to more services that they need
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Increase awareness about the work that the clinic does and ultimately get more clients in
the door
Access clients in remote and rural areas by providing satellite services at partner
agencies located in different communities
Community legal clinics currently have a wealth of partnerships, and the nature of those
partnerships tend to be:
Service delivery agencies, like mental health service delivery or employment centres, to
be able to establish a system of warm referrals, trusted intermediaries or satellite
locations with those agencies to better meet the needs of clients
Advocacy agencies and networks that the clinics can partner with on community
organizing and development
However, in focus groups and interviews, participants consistently advocated for more
partnerships to achieve further goals of the regions clinic system.
OPTIONS
Persistent and regular contact
In order to develop and maintain effective partnerships, clinics benefit from proactive and
deliberate efforts to build and maintain interagency relationships. More frequent joint meeting,
planning and practice appear to have been successful in fostering the growth of these
relationships, but strategic decisions to pursue beneficial relationships have also played a role.
Strategic partnerships
Developing partnerships with service agencies that have a similar client base as the community
legal clinics is one way to ensure that both participating agencies and their clients will benefit
from the partnership.
Satellite locations
Developing satellite locations on the site of another service delivery agency ensures a level of
visibility and ease of access for clients. Satellite locations work best if there is a similar client
base between the legal clinic and the service delivery agency, and if the satellite is provided at
regular hours.
Learning from fellow clinics
Many of the effective strategies brought up in the research come from practices that
participating legal clinics have already adopted. At the same time, the clinics vary widely in the
development and nature of partnerships, with some having many satellites or some that use
trusted intermediaries, and some clinics that do neither. Because of this, there is a lot to learn
from some of the clinics participating in the process on promising practices and strategies that
might work in other catchments.
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Colocation, meaning full colocation of a community legal clinic and an LAO office;
Including an LAO lawyer in a clinic part time, meaning that an LAO lawyer would
deliver services at regularly scheduled times from a community legal clinic;
Proximity and referrals if LAO offices and community legal clinics are located close to
one another they could develop an effective system of warm referrals.
A full breakdown of potential strategies for collaboration with LAO is in Appendix XIII.
COLLABORATIVE STRUCTURES
DIVERSITY
The community legal clinics of the East and Central Regions are diverse, and the clinic cultures
different, but in many cases the clinics have more in common than they think they do, such as
their dedication to delivering quality services to everyone who walks in the door, and having a
collaborative team model and staff culture. The demographics and characteristics of the
catchments that community legal clinics serve, however, are quite diverse. This diversity can
appear in language spoken, rurality or density of the population, accessibility of services and
transportation systems, and many more areas. Because of these diverse catchments, community
legal clinics are hesitant about collaborating with other clinics that might not understand the
needs of their community.
OPTIONS
Collaborate with demographically similar clinics
Specific strategies are developed to serve different kinds of communities. These strategies and
promising practices could be shared between clinics that have similar catchment areas. One
example of this might be the Durham Community Legal Clinic and Scarborough community
legal clinics, since the communities that they serve are increasingly similar; they all have high
immigration, low income populations, poor transit and are densely populated. Another
opportunity for collaboration might be between the Community Legal Clinic of Stormont,
Dundas and Glengarry and Clinique juridique populaire de Prescott et Russell, since both of
these clinics serve a high number of Francophone clients, and might have similar interest in
sharing materials and working on community development. Finally, Peterborough Community
Legal Clinic and Kingston Community Legal Clinic serve a somewhat similar demographic of a
mid-size city with poor transportation, with industries focused on hospitals and schools, and a
rural population that currently has low access to legal clinic services.
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SUCCESSION PLANNING
In most centralization strategies studied from other community legal clinics in Ontario, most of
the savings they saw came from staff turnover. Some of these models have included buying out
the most senior lawyers or executive directors to hire newer lawyers or frontline staff and
developing a system of shared executive directors. Others simply track the likely turnover at
senior levels and plan for hiring in key areas of law when new staff are needed. This can happen
at the clinic level but can also be used as a tool for regional planning of inter-clinic capacity.
In other sectors, there has been success in sharing executive directors or governance structures
without losing local autonomy and community connection. One model is the Genesis
Cooperative, which was developed by five churches in the Ottawa Valley. In this model, the five
participating congregations were losing ministers because of lack of funding. The five groups
decided to develop a network together to enable them to continue providing services in their
communities. They developed a rotating minister system, so that instead of 5 ministers, they
rotated 3 ministers. They have also centralized their governing body, having one counsel with
two representatives from each congregation, rather than 5 counsels. The ministers are paid
centrally from all five congregations, but other than that the congregations finances remain
autonomous. Although at this point, the current executive directors are dedicated to
maintaining a role in transformation at their community legal clinic, there is interest in
potential savings and areas for growth using succession planning.
OPTIONS
Succession plans
Clinics can plan internally or across the region for pending needs in areas of law, likely patterns
of staff turnover, priorities in hiring and the implications of turnover for freeing up resources to
expand or modify services.
Long-term plans for regional collaboration
Greater collaboration in the future might involve sharing frontline staff among clinics that are
geographically close, and similar in characteristics. This could increase the capacity and
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PLE/COMMUNITY DEVELOPMENT
The participating community legal clinics do a great deal of community development, through
advocacy with other agencies and clinics, and also a lot of PLE work. Some of this PLE work
includes presentations and workshops at partner agencies when requested, or large-scale annual
events. The ability and the strength of legal clinics to do PLE and community development is
strongly tied to clinic identity. Legal clinics would like to be able to do more PLE and community
development, but oftentimes resources constrain their capacity to do so.
There was divergence from the research around conducting PLE with the general population; in
some cases it was understood that PLE with community partners was much more preventative,
since they can be a referral source, and the general population tends to only seek legal
information once they already have a legal issue. At the same time, clients reported not having
heard of any PLE events and being interested in having more of them.
There was significant interest in collaboration between clinics in order to conduct more PLE and
community organizing.
OPTIONS
Public Legal Education Strategy
In order to assure that PLE strategies are maintained as a priority for community legal clinics,
the clinics could collaboratively develop a shared strategy. This might include sharing regions to
conduct PLE, and sharing tools and other resources.
Partnerships with CLEO
Developing a formalized partnership with CLEO might meet some of the contrasting issues
about conducting PLE with the general population. CLEO carries out a significant amount of
PLE with the general population and could offer promising practices that the legal clinics could
learn from, or could facilitate PLE themselves. The suggestion of developing informative videos
with CLEO on legal rights was also raised as a potential strategy.
Community Development Strategy
Similar to a Public Legal Education Strategy, the community legal clinics could develop a
collective strategy for community organizing and development. In this strategy it would be
important to take on issues that affect all the communities participating in the project, like the
dysfunction of the ODSP system, or Francophones access to FLS.
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Ottawa community legal clinics and Northwest Community Legal Clinic: In this model
the clinics have merged their back office functions, including bookkeeping, auditing,
payroll, equipment ordering, etc. They are also moving to a model of sharing some
administrative positions, such as a shared executive director and a shared office
manager. The Northwest Community Legal Clinic was also able to save on executive
director salary, since there is now one instead of two.
Southwest community legal clinics: Clinics in the Southwest of Ontario are currently
looking at their back office systems to find the optimal way of completing these tasks.
Each clinic will take on specific back office tasks for the whole region, creating
efficiencies through repetition and specialization. The savings from this model are not
yet realized since they are still underway.
Hamilton clinic and specialty clinics: Three Hamilton clinics amalgamated into one
clinic, including their back office, management, and front office functions. Through this
they were able to generate savings on accommodation, utilities and equipment, and
auditing. Specialty clinics in Toronto, although remaining separate entities, collocated
into one office and developed shared systems of administrative duties like bookkeeping.
Potential savings from this model are not yet realized.
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There have also been cases where there were centralized back office functions historically, but
are no longer centralized, such as RRSP, benefits package and auditing.
Although the community legal clinics see much more value in building effectiveness through
collaboration in the work they do rather than how they manage their finances, there is still room
for some centralization in payroll, bookkeeping and human resources. Currently, each clinic
outsources payroll and bookkeeping separately, and spends about $6,000 on average on
bookkeeping, not including benefits administration. There is some support for management
through the Employee Assistance Program, but it is not comprehensive and not well known
among community legal clinic executive directors and staff. There are accounting firms that
complete this work, and tend to cost $45.00 per hour, charging anywhere between $5.00 and
$20.00 per staff member they are conducting accounting services for.3.
OPTIONS
Exploration of southwest ontario model
The model currently being investigated by the Southwest community legal clinics is one that
may be the model the most transferable to community legal clinics of ECRTP, and therefore this
model should be explored further. Some specific methods being explored, like system analyses
to find out optimal ways of completing tasks and sharing back office tasks between clinics
should be evaluated to determine potential savings and efficiencies created.
File storage
There may be opportunities for shared digital file storage. This might cut down on the physical
space needed for storage, and the time needed for organizing files. There are many companies
that offer online storage space for agencies, and if this expense is shared amongst clinics there
may be cost savings.
Human resourcing options
Human resourcing was raised as a major gap in the current clinic system, with concern about
not having support for executive directors when there is a human resource issue within their
clinic. There was a feeling that because of the environment of the legal clinic system, there was
nobody to turn to that was competent in human resourcing skills, and could provide the
confidentiality needed when handling these matters. There was interest in hiring an agency that
is skilled in this matter to provide support when issues arise. Another suggestion was shared
learning throughout the legal clinic system, given that some executive directors have a high level
of skill in managing human resources. This could be accompanied by a system of knowledge
sharing like a network, a referral system, or an online chat. Finally, subscribing to a service such
This estimate is generated from discussions with three accounting agencies to estimate the costs of
outsourcing.
3
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ONLINE PRESENCE
All of the participating legal clinics have individual clinic websites. These websites range from
providing information on what type of services they offer and contact information, to providing
tools for understanding legal rights and processes, and referrals to partner agencies. Generally,
staff members who are most knowledgeable about websites or online presence are responsible
for managing and updating clinic websites, but in some cases community legal clinics have
partnered and had one person between multiple clinics updating multiple websites and other
online material. Many of the legal clinics have a social media presence, mostly on Facebook,
where information about community development and activities, and other advocacy campaigns
are posted.
There was interest among the community legal clinics in further centralizing their websites and
social media, and providing more online tools for clients to be able to easily access and use.
OPTIONS
Shared website
One option mentioned was developing a shared website so that website management handled by
one person, rather than by each clinic individually. There may be opportunities to work with
Community Legal Education Ontario (CLEO) on a shared website, since they have expertise in
raising awareness and knowledge about legal rights through online resources.
Increased social media
Although many of the legal clinics currently have their own Facebook page, there may be
opportunities to work together on social media, or to increase use. This could include posting
regular facts about legal rights, PLE events, reminders of satellite locations and hours,
community advocacy initiatives, and links or referrals to other relevant services.
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CONCLUSION
The primary goal of this report has been to better understand the East and Central Region
Community Legal Clinics, and the diverse identities and legal needs of the communities they
serve, and identify any opportunities to serve them better. This report identifies many strengths
and assets of the community legal clinics, many service needs that still exist and a variety of
opportunities for service improvement. What was clear throughout the process is that the clinics
are highly dedicated organizations that play a considerable role in the maintenance of the
wellbeing of their clients.
Clinics struggle with resources and the challenges of service provision in such a geographically
expansive and social diverse setting. They have developed new approaches to addressing those
and through this process shared new ideas and successful tactics. They have also identified an
array of possible avenues to pursue, guided by experience as well as by research into the
practices in other jurisdictions.
This report has documented the challenges and opportunities presented by clinic staff, clients,
board members, EDs, partners and the demographic data and literature. The issues and options
section has presented those in an easily reviewed catalogue that provides the clinics with the
opportunity to select from among the ideas raised the best options for the clinics in the region.
It is important to recognize that, as phase I of the East and Central Region Legal Clinic
Transformation Project, this report was not designed to lay out a proscriptive transformation
plan. Rather, it was construed as the background research that can inform the decision making
ahead. Phase II of the project will include a review of that research, the selection of key priorities
and the strategies best able to address them, and the development of a detailed transformation
plan, making use of the extensive information, issues, and options identified in this report. Once
this is completed, Phase III will undertake the implementation of this plan, and in doing so
increase the capacity of the East and Central community legal clinics to efficiently, effectively,
and accessibly deliver the legal services their clients need.
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APPENDICES
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APPENDIX I:
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OVERARCHING/STRATEGIC GOALS
1. The participating clinics in Eastern Ontario will commit individually and collectively to
exploring and developing innovative service delivery models and administrative structures
that will be responsive to the low-income demographic in the Eastern region.
2. Transformational change will based on focussed client need assessments, the development
of innovative service delivery models, and a joint clinic determination regarding how
existing resources can be unlocked and reallocated to support direct client service initiatives.
STRATEGIC IMPERATIVES
In order to maximize our ability to achieve these goals, the following imperatives must inform
all phases of this project:
1. Both Eastern Region and locally focussed needs assessments for clinic law services will be
used.
2. Regular progress and consultation sessions specific to our overarching/strategic goals, and
underlying Regional Initiatives, will be organized for the Oversight Committee at
minimum on a quarterly basis. These sessions will include consistent designated
representatives from both individual clinic boards and management, and will require
professional facilitation.
3. Each clinic will encourage its senior staff to maintain and expand regular contact with their
colleagues in the clinic system in a spirit of cooperation, collaboration, improved client
service, and administrative savings.
4. Administrative savings will be used to assist in funding clinic transformation within the
participating clinics to achieve client service enhancements. Clinics will continue collectively
to provide a full range of community legal clinic services including: direct client services,
public legal education, community development, and law reform.
5. Clinics must continue to be responsive to their local communities, client centred, and
governed by local community boards of directors.
6. Clinics will continue to collectively provide relevant, evidence based client services
including: casework, public legal education, community development, and law reform.
GOVERNANCE
The Eastern Regional Transformation Initiative will be governed by an Oversight Committee
made up of one Board level representative and the ED from each participating clinic. As much as
is possible it will be important to have a consistent board representative who will serve as liaison
between the local Board of Directors and the Oversight Committee as a whole.
The Oversight Committee will determine the Terms of Reference of the Steering Committee and
will receive reports from the Steering Committee and will provide direction.
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Planning Phase determining Terms of Reference for the Steering Committee and the
consultant, and hiring the consultant.
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Research Phase Region wide and local needs assessments, Clinic resources and skills
inventory, and investigation of alternative models of collaboration and resource sharing,
provision of back office functions, etc.
PLANNING PHASE
We will do this by:
Providing professionally facilitated meetings of the Oversight Committee and production of
reports to achieve the following objectives:
FUNDING
1. Securing funding to:
a. Hire a Consultant on a two year contract basis.
b. Hire a facilitator to assist in the development of the Terms of Reference for the
Oversight Committee and the Steering Committee,
c. Back fill a clinic Executive Director position for one quarter of their salary & benefits,
etc. each year so that they can dedicate one quarter of their time to this project as
TPM.
d. For in-person and teleconference meetings of the Oversight Committee, Steering
Committee and sub groups.
RESEARCH PHASE
NEEDS ASSESSMENT, RESOURCES AND SKILLS INVENTORY
This phase of the project focuses on determining the needs of clients and the resources available
to the participating legal Clinics.
We will do this by:
1. hiring a consultant and working with the consultant.
2. using surveys and focus groups as well as available statistics to develop a regional and local
assessment of client needs.
3. developing an inventory of clinic assets.
4. preparing an overview document of client legal needs in the catchment areas of the
participating Legal Clinics
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RESEARCH PHASE
ALTERNATIVE MODELS FOR COLLABORATION AND RESOURCE SHARING, AND
ADMINISTRATIVE FUNCTIONS
This phase is to discover and to explore innovative models for service delivery with the goal of
allocating resources to identified needs in ways that preserve Clinics ability to be responsive on
a local level.
This stage is also devoted to examining the supporting administrative functions for Eastern
clinics to determine if there are alternative models which would be responsive to the Clinics
needs while being cost effective. This includes the possibilities of: purchasing, corporate
compliance, information technology, bookkeeping and audits, best practices regarding policy
and operational support. The goal is to enhance and maximize clinics abilities to provide front
line community based legal services and to convert existing administrative resources to client
service delivery.
We will do this by:
1. identifying the level of common service delivery required and matching with the appropriate
resources.
2. examining and making recommendations regarding collaboration and sharing of resources
for front line service delivery.
3. examining and making recommendations for changes to provision of administrative
functions where appropriate.
EVALUATION PHASE
In this phase, the participating legal Clinics will consider which steps to be recommended for
implementation.
We will do this by:
1. Reviewing the recommendations arising from the project
2. Facilitated meetings of the Oversight Committee
3. Decision making by Clinic Boards
ACTION PHASE
In this phase, Clinics will develop action plans for implementation of agreed steps.
We will do this by:
1. Facilitated meetings of participating clinics
2. Consulting with legal Aid Ontario
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IMPLEMENTATION PHASE
In the final Phase, participating Clinics will seek to implement agreed upon recommendations.
We will do this by:
1. Seeking necessary funding to implement the changes.
1. Working with all appropriate partners to effect the identified changes.
Our Clinic supports the Eastern Ontario Legal Clinic Transformation Project:
Clinic: _______________________________________________________
Board Signature:_______________________________ Date: ____________
Name & Position:_______________________________________________
Our designated Board representative will be: ____________________________
Direct email contact for Board representative: ___________________________
ED Signature:____________________________ Date: ________________
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APPENDIX II:
COMMITTEE MEMBERS
STEERING COMMITTEE MEMBERS
Name
Clinic
Role
Contact
Richard Owen
Executive Director
owensr@lao.on.ca
Project Lead
tienne
Saint-Aubin
Lois Cromarty
Melinda Rees
Clinic
Role
Contact
Board Member
Board Member
carlbail@bell.net
dnickle@cogeco.ca
bsmith@ontario.anglican.ca
Dave Nickle
Board Member
Deborah
Hastings
Elizabeth
Greaves
Elke Ham
tienne
Saint-Aubin
John Done
Lois Cromarty
Melinda Rees
Michael
Hefferon
Michele
Leering
Paul Dobbs
Board Member
elizabeth.greaves@sympatico.ca
Board Member
elke.ham1@gmail.com
paul.dobbs@jhsdurham.on.ca
Executive Director
owensr@lao.on.ca
Project Lead
Board Member
ferdburphyll@gmail.com
Susan Irwin
Staff member
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irwins@lao.on.ca
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APPENDIX III:
MAPS
DEMOGRAPHIC MAPPING
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APPENDIX IV:
WORKS CITED
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Alfieri, A. V. (2007). Faith in Community: Representing "Colored Town". California Law
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Alfieri, A. V. (2005). Gideon in White/Gideon in Black: Race and Identity in Lawyering. The
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The Boldness Project - Rural and Remote Access to Justice. (2015). Informational one-page flyer
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Brillinger, C. (2015). Learnings from 'Strong Neighbourhoods' project. Presentation delivered to
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Brodie, J. M. (2006). Poverty, Justice, and Community Lawyering: Interdisciplinary and Clinical
Perspectives: Post-Welfare Lawyering: Clinical Legal Education and a New Poverty Law
Agenda. Washington University Journal of Law & Policy , 20, 201-263.
Buckley, M. (2000). The Legal Aid Crisis: Time for Action. Canadian Bar Association.
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APPENDIX V:
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APPENDIX VI:
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19. What benefits or challenges would you face if your legal clinic used technology more?
a. Video-conferencing with your lawyer/legal clinic staff
b. Enhanced website or more work online
c. Increased social media presence
d. Costs for all of the above?
20. What other services are important in your community? Prompt for CHC, employment
centre, mental health agencies, etc.
21. Do you have any suggestions for improvements to service delivery for the clinic?
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APPENDIX VII:
CLIENT SURVEY
Welcome to our survey!
You've probably been asked to do this survey by someone at your local community
legal clinic. In East and Central Ontario, 10 community legal clinics are working together
to make sure more people have access to their services and are getting the help they
need.
As a client, your experiences with your local community legal clinic are very important.
By doing this survey you'll be helping us make the right choices when finding new ways
to serve our clients.
Your responses to this survey will be kept completely confidential.
To learn more about the work we're doing, please visit www.ecrtp.ca or ask for an
ECRTP project hand-out from your clinic. We also send out a monthly newsletter by
email, which you can sign up for here: www.ecrtp.ca/newsletters.
Thank you!
QUESTIONS
1) Which community legal clinic do you use?
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
The Legal Clinic: Lanark, Leeds & Grenville, Northern Frontenac, Northern
Lennox & Addington (Sharbot Lake)
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_________________________________________________
3) What legal issues are you, your family and friends, or people in your community most
concerned about?
Please select all that apply.
[]
[]
[]
[]
[]
Immigration
[]
[]
[]
Family
[]
Criminal
[]
Other: _________________________________________________
[]
[]
[]
[]
[]
Immigration
[]
[]
[]
Family
[]
Criminal
[]
Other: _________________________________________________
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PAGE | 176
[]
The legal clinic does not provide help with this type of law
[]
[]
I did not want to ask for help in an area of law (embarrassment or stigma)
[]
[]
[]
[]
[]
My income was too high so I did not qualify for legal help
[]
Language barriers
[]
[]
Information on phone
[]
[]
Forms filled/signed
[]
[]
Advice
[]
Representation
[]
[]
Other: _________________________________________________
[]
Yes
[]
No
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PAGE | 177
[]
[]
[]
Forms filled/signed
[]
[]
Advice
[]
Representation
[]
[]
Other: _________________________________________________
Unsatisfied
Neutral
Satisfied
Very
satisfied
Outcome of
your case
[]
[]
[]
[]
[]
Support of
clinic staff
[]
[]
[]
[]
[]
Atmosphere
of clinic
[]
[]
[]
[]
[]
Accessibility
of clinic
[]
[]
[]
[]
[]
9) How did you find out about the legal services and supports available?
Please select all that apply.
[]
[]
[]
Storefront sign
[]
[]
Yellow Pages
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PAGE | 178
[]
Other: _________________________________________________
10) How do you currently get services from the legal clinic?
Please select all that apply.
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
12) What has made it harder for you to use your clinic's services?
Please select all that apply.
[]
[]
[]
I have a hard time getting through to someone at the clinic on the phone
[]
[]
I have a hard time getting to the clinic during their office hours
[]
They don't cover all of the areas of law I need help with
[]
[]
Other: _________________________________________________
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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
13) Is the community legal clinic (or its satellite offices) in a good location?
[]
Yes
[]
No
[]
Yes
a. If yes, where and why?
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
[]
No
15) Do you think it would be better for the clinic to share space with other programs or
services?
[]
Yes
a. If yes, which ones, and where?
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
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___________________________________________________________
___________________________________________________________
[]
No
b. If no, why not? Which programs or services shouldn't share a space with
the community legal clinic?
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
16) Are there people other than legal workers who you'd like to see in your community
legal clinic?
Please select all that apply.
[]
[]
[]
Housing worker
[]
[]
[]
17) Do you think you would get better or worse service if your community legal clinic
used the technologies listed below?
Much worse
Somewhat
Worse
Neutral
Somewhat
better
Much better
Videoconferencing (i.e.
Skype) with legal
clinic staff
[]
[]
[]
[]
[]
Social media
(Facebook/Twitter)
[]
[]
[]
[]
[]
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PAGE | 181
Legal advice by
email
[]
[]
[]
[]
[]
Online intake
[]
[]
[]
[]
[]
A better clinic
website
[]
[]
[]
[]
[]
THANK YOU!
Thank you for taking our survey! Your responses will be a big help.
Are you interested in receiving updates about the ECRTP? Visit our website at
www.ecrtp.ca or sign up for our monthly newsletter at www.ecrtp.ca/newsletters.
FINAL REPORT
PAGE | 182
APPENDIX VIII:
60%
50%
40%
30%
20%
10%
0%
Income
mainten
ance
Seniors
issues
Employ
ment
52%
21%
30%
Legal Issue
Housing Immigra
issues
tion
40%
1%
Human
rights
Violence
/abuse
Family
Criminal
Other
24%
25%
26%
17%
9%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Income
mainten
ance
Seniors
issues
Employ
ment
42%
9%
23%
Legal Issue
FINAL REPORT
Housing Immigra
issues
tion
22%
0%
Human
rights
Violence
/abuse
Family
Criminal
Other
3%
11%
4%
1%
25%
PAGE | 183
What troubles did you have getting help in the areas of law
you selected?
50%
40%
30%
20%
10%
0%
Troubles
11%
10%
13%
It is
I did not
difficult
know I
to travel
had a
to get the
legal
legal help
issue
I needed
14%
My
I did not I did not income
know
know
was too
Language
where to about the high so I
barriers
get legal
legal
did not
help
clinic
qualify
for
11%
10%
10%
1%
Other
barriers
(no
phone,
etc.)
1%
41%
Appointme
nt with a
Forms
Referral to
Informatio
lawyer,
filled/signe
another
CLW, or
n on phone
d
agency
other legal
worker
35%
54%
44%
8%
Advice
Representa
tion
Public
Legal
Education
(PLE)
Other
65%
39%
9%
10%
Yes
90%
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PAGE | 184
Improvements
More
informati
on over
the
phone
More
appointm
ents with
legal
workers
Forms
filled/sig
ned
Referrals
to other
agencies
24%
14%
1%
8%
Advice
Represen
tation
More
Public
Legal
Educatio
n (PLE)
Other
23%
12%
7%
21%
Very satisfied
36%
Unsatisfied
6%
Neutral
33%
Satisfied
23%
How satisfied were you with the support you got from
clinic staff?
Very unsatisfied
Unsatisfied
9%
0%
Neutral
10%
Very
satisfied
57%
FINAL REPORT
Satisfied
24%
PAGE | 185
Unsatisfied
0%
Neutral
7%
Very satisfied
55%
Satisfied
29%
Unsatisfied
0%
Neutral
17%
Very satisfied
46%
Satisfied
28%
How did you find out about the legal services and supports
available?
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Method of discovery
FINAL REPORT
Word of
mouth/from a
friend
Referral from
other agency
Storefront
sign
Online (clinic
website,
Facebook,
Twitter)
Yellow Pages
Other
47%
26%
2%
7%
1%
12%
PAGE | 186
Preffered method
Over the
phone
Through the
website
In-person at
the main office
In-person at a
satellite office
Events
(workshops,
talks, etc.)
33%
6%
73%
26%
14%
1%
Service method
Over the
phone
Through the
website
In-person at
the main
office
In-person at
a satellite
office
Events
(workshops,
talks, etc.)
42%
4%
66%
22%
1%
6%
Axis Title
Access barriers
35%
30%
25%
20%
15%
10%
5%
0%
I have a
The
Getting
I dont
hard
time
clinic is
to the
have
not easy clinic is getting
access
to travel expensiv through
to a
to
to
e
phone
someo
Access barriers
30%
16%
12%
3%
FINAL REPORT
I have a
They
I can't
hard
don't
always
time
cover all
see
getting
of the
someon Other
to the
areas of e at the
clinic
law I
clinic
during need when I
12%
12%
3%
22%
PAGE | 187
Yes
96%
No
80%
No
48%
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Yes
52%
PAGE | 188
Professionals
Housing worker
56%
28%
41%
Somewhat better
27%
Neither worse
nor better
45%
Somewhat worse
8%
Neither worse nor
better
20%
FINAL REPORT
PAGE | 189
Somewhat worse
6%
Much better
23%
Neither worse nor
better
24%
Somewhat better
40%
Somewhat better
19%
Much worse
11%
Somewhat worse
11%
Neither worse
nor better
34%
Much worse
1%
Somewhat better
19%
FINAL REPORT
Somewhat worse
2%
Neither
worse nor
better
59%
PAGE | 190
APPENDIX IX:
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PAGE | 192
APPENDIX X:
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PAGE | 193
FINAL REPORT
PAGE | 194
APPENDIX XI:
GENERAL ORGANIZATION
15. How long has your clinic been operating?
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PAGE | 195
PROCESS
25. What made you think it would be useful for your clinic to participate in this process?
26. What external elements are influencing this process and need to be considered?
27. What would constitute success for this initiative? What are some key components to
achieving this success?
28. What do you hope this process does not do? What are the possible bad outcomes or bad
processes that should be avoided?
29. What would constitute success for LAO? What would be seen as a failure by LAO?
30. What would constitute success for your clinic?
31. What are there particular challenges/issues that you hope this process will address?
What are the challenges that are important to address, but cant be with this process?
32. What are the opportunities you hope to secure with this process? What are the
opportunities that cant be secured with this process?
33. What would you and your staff see as signs that this process has been a bad choice?
34. Is there anything in particular that we should know about your CMT data? For example,
do you take down postal codes, do you document referrals, etc.
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APPENDIX XII:
Three clinics merged into one location, therefore all back-office functions were merged.
Saved on auditing (2.4K). saved on accommodation (74K). and saved in utilities, travel,
audit, and equipment (37K).
They were also able to acquire new funding through new services and projects.
Saw increase in cases opened, increase in outreach, and decrease in referrals (no need to
refer to other legal clinics).
Financial reporting to LAO was easier. Board representation also improved since they
added more pre-requisites, and were able to get representatives from more groups. They
were also able to become designated bilingual. Finally, they could better their reporting on
client statistics.
Saw more staff time spent on service delivery and less staff time spent on administration
(See Figure 1).
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PAGE | 198
25
20
# of FTE Staff 15
6.2
23.6
10
5
FTEs dedicated to
Management/Internal Services
13.8
0
2008-09
Year
2012-13
Maintained 3 main offices and 2 sub-offices, therefore some back-office functions were
merged.
Saved on ED salary (80K) and on bookkeeping (3K) and were therefore able to hire more
service delivery staff and do more outreach, since savings were retained by clinic.
Saw increase in timeliness in working with cases and increased access to clinics.
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PAGE | 199
Could not draw conclusions about increase in cases opened because of inconsistent
reporting prior to merger.
Financial reporting to LAO was easier. board representation improved since they added
more pre-requisites. were able to become designated bilingual. could better their reporting
on client statistics.
Rent stayed the same, audit costs increased (1.4K) (paid more for auditor because needed a
bigger company).
Saw increase in staff time dedicated to service delivery and less dedicated to
administration (See Figure 2).
FIGURE 19
3.2
8.1
4
2
FTEs dedicated to
Management/Internal
Services
FTEs dedicated to Service
Delivery
0
2007-08
Year
2011-12
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PAGE | 200
Clearly defined governance, with clearly defined roles and goals, should be decided at the
very beginning of the process.
Clear communication between, and consistent engagement of, all stakeholders and
everyone involved is key to a successful process.
A project manager, particularly a consultant or someone external to the agencies
involved, should be assigned at the beginning.
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PAGE | 201
In 2013, TNC looked at various shared services models and their costs and benefits.
They explored the costs and benefits, financially and otherwise, and the learnings from a
number of case studies.
CANES
Collaboration between CANES Community Services, Community Care Partners and the
CCAC to expand delivery of home-care to seniors in larger area.
Shared IT plans meant they could afford more expensive, effective software they couldnt
previously afford.
One Association is the central office for eight houses and serves other private settlement
houses.
Accounting.
Payroll.
Budgeting.
HR.
Strategic planning.
Turnbull, R. (2013). Exploring Shared Service Models: A Cost/Benefit Analysis. Toronto Neighbourhood Centres,
Toronto.
FINAL REPORT
PAGE | 202
Board management.
Training.
Records management.
Event planning.
Initiatives for group purchasing of food supplies, office supplies, equipment, IT services,
insurance and a voicemail system through leveraging buying power with a common
vendor.
Each house has an administrative staff complement that is half of what it would be if there
was n0t a central office.
Challenges/drawbacks:
o
Some houses feel theyre subsidizing other ones because of varying membership fee
revenue.
...shared back office functions, areas that have been improved are: communications,
providing advice to government and cross-organizational support of each others work.
Importantly, the needs of clients supersede organizational self-interest. This means a
principled approach putting aside organizational requirements and self-interest in order to
benefit the system as a whole. In this case, the focus of the collaborative mandate was
people, community, and the broader determinants of health. (p24)
Benefits (p25):
o
Standardization of processes.
FINAL REPORT
PAGE | 203
IT support.
Staff positions were not eliminated or made redundant no excess capacity to eliminate:
future possibility for shared positions like reception.
Mergers require substantial upfront costs for organizational infrastructure (training, skills
development, software, IT, facilities) cost savings will take a while and depend on the
success of the merger and its maintenance.
CHALLENGES OF MERGING FUNCTIONS FROM LITERATURE
In the community legal clinic sector agency mergers or back office amalgamations are
relatively new strategies. In some cases, like Hamilton and Northwest
In the general non-profit field there were a number of other concerns that have been
brought up in the literature. Some of these concerns are:
There is the concern of one agency being overtaken by the other in a merger, especially if
one of the agencies is larger than the other(s).
Resistance from boards, who sometimes are concerned that mergers take the focus away
from the mandate of the agency.
Larger organizations do not inherently mean more efficiency, sometimes efficiency lowers
since there is more bureaucracy involved.
Mergers take time, patience, and perseverance. All of these take resources form the agency
to implement the new system.
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PAGE | 204
APPENDIX XIII:
COLOCATION
This model involves full colocation with an LAO office. This means one office location, one
reception and one intake process. Although there are some examples of clinics and LAO offices
being located in the same building, like Durham Community Legal Clinic, there are no current
examples of a clinic and an LAO office sharing space and reception.
BENEFITS
CHALLENGES
FINAL REPORT
PAGE | 205
CHALLENGES
CHALLENGES
FINAL REPORT
PAGE | 206
Clinic
RCLC
Kingston
CALC
NCLC
Durham
PETE
SHKCLC
Ottawa
TLC
CJPR
SDGCLC
Location
Pembroke
Renfrew
Kingston
Frontenac
Belleville
Napanee
Lennox & Addington
Cobourg
Northumberland
Oshawa
Durham
Peterborough
Lindsay
Barrie
Bracebridge
Muskoka
Parry Sound
Simcoe
Victoria-Haliburton
Ottawa
Perth
Brockville
Lanark
Leeds - Grenville
Prescott-Russell
Cornwall
SDG
FINAL REPORT
DC
Operation
Criminal
DC
Operation
Civil
DC
Operation
Family
Area
Office
LAO services
District
Per Diem
Office
DC
Family
Law
Services
Office
Criminal
Law
Office
Integrated
Legal
Services
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE | 207