But there will be a financial-need requirement to access the new clinic, according to an official involved with the initiative.
A Dec. 18 news release states the province’s government has “entered into a memorandum of understanding with Community Legal Information and the Law Foundation of P.E.I. to launch the province’s first Community Legal Clinic.”
Hannah Jones, Community Legal Information
The new legal clinic is expected to start providing services this spring.
“To continue to improve access to justice across the province, the Community Legal Clinic will provide free additional civil law services in P.E.I.’s legal systems, help people explore their legal options, connect people with additional programs and resources, as well as improve access to practical legal advice and in some cases, representation,” states the release.
As far as its funding goes, the release notes the province and the Law Foundation are each contributing $250,000 per year for five years, staring in March.
Hannah Jones, community liaison with Community Legal Information, spoke with Law360 Canada about the new clinic. She confirmed it will have one physical location — in the capital of Charlottetown, in the same building that houses Community Legal Information.
As for providing services to residents living outside — and far from — the city, Jones said this will be done via telephone — which is currently the “number one way” Community Legal Information provides legal assistance. Virtual meetings will also be an option. There is also a plan to provide quarterly legal clinics to these faraway places.
However, the new clinic will not be available to everyone: it will operate similar to that of legal aid, in that it will be available only to those lacking financial resources.
Jones said the current eligibility cutoff for the clinic will be an annual income of around $55,000. Eligibility would also depend on the size of the household.
“We do have to operate with a financial means [test],” Jones said. “Just the nature of the budget for the project … the budget, as it is, allows us to hire a certain number of staff, and so we’re kind of restricted to the volume of people who we can serve, so we’re trying to serve clients who will meet a means test. In an ideal world, we’d love to be able to reach more people, and we … recognize that there can be a gap [involving] people who are just above the means test [but cannot] actually afford a lawyer.”
But Jones said her organization will push for more funding — the goal of which will be to provide services to a greater number of residents.
Jones said the clinic will initially help with things such as employment contracts, debt services, wills and estates, small claims court and residential tenancy.
The plan is also to assist people in “vulnerable circumstances” — those navigating the courts on matters involving the non-consensual sharing of intimate images, for example.
But so as not to overlap with existing services — such as legal aid — the clinic will steer clear of matters involving criminal and family law. It will also refuse those related to immigration law, as “there are programs that exist for that already.”
Sean Seviour, president of the Canadian Bar Association’s P.E.I. branch, said the clinic “represents an important advancement in access to justice for Islanders, particularly those who encounter barriers in navigating the civil justice system.”
Sean Seviour, president, Canadian Bar Association, P.E.I. branch
Seviour declined to comment when asked about those the clinic will have to turn away due to financial ineligibility.
“CBA P.E.I. isn’t in a position to comment on this,” he said.
Also, Seviour did not answer a question as to whether the establishment of a community legal clinic was overdue in P.E.I.
In a statement, P.E.I. Premier Bloyce Thompson lauded the launch of the clinic.
“I’m proud to announce the launch of Prince Edward Island’s first Community Legal Clinic and to be fulfilling another commitment of this government that will truly benefit Islanders in need,” said Thompson, who is also justice and public safety minister. “Making sure all Islanders have increased access to free legal services will empower everyone to make informed decisions and confidently pursue justice.”
Law Foundation of P.E.I. chair Robert MacGregor said his organization “is proud to support the Community Legal Clinic.”
“This initiative fits clearly within the purposes of the Law Foundation of Prince Edward Island and will meaningfully enhance access to justice for Islanders.”
If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.