Settling in BC: Questions and Answers

Different courts deal with different kinds of legal problems. The main courts are the Provincial Court of BC, BC Supreme Court, BC Court of Appeal and Supreme Court of Canada. The Provincial Court of BC is the first level of trial court and has five divisions – criminal court (for most criminal cases), traffic court (for traffic tickets), family court (for divorce, custody of children and adoptions), youth court (for young people between 12-17 years old), and small claims court (for disagreements about business and money under $25,000). The Supreme Court is the superior trial court for the province and hears both civil and criminal cases, as well as some appeals from the Provincial Court. The Court of Appeal is the highest court in British Columbia, and hears appeals and reviews from the two trial courts, as well as appeals and reviews from administrative boards and tribunals. The Supreme Court of Canada is the highest court in Canada. It is based in Ottawa with nine judges chosen to represent the different regions of Canada. The Supreme Court has the power to review lower-court rulings on any legal issue.

For more information:

• Government of British Columbia: The Courts of British Columbia
• Courts of BC: Your Guide to the BC Court System
• Government of Canada: Canada’s Court System – How the Courts are Organized

Alternative Dispute Resolution (ADR) refers to the methods used to resolve conflicts and disputes outside the courtroom. With ADR, people can usually settle their differences in ways that are more informal, less expensive and often faster than formal court proceedings. There are four main ADR processes. Negotiation is when the parties get together and sort out the problem between themselves. Mediation is when a mediator, a neutral third party, helps the parties negotiate an agreement. A neutral evaluation is when both parties select a neutral third party, possibly an expert, to make a non-binding, reasoned evaluation of their case on its merits. Arbitration is when disputes are submitted to an arbitrator, a neutral third party with expertise in a specific area of the law or a particular industry, who receives evidence and arguments from both parties and makes a binding decision.

For more information:

• Government of Canada: Canada’s Court System – Alternative Approaches
• Supreme Court of British Columbia: Alternatives to Going to Court

If you disagree with a decision made by a particular government agency that affects you, a special tribunal or board will hear your complaint and make a decision about your case. Tribunals and boards usually hear cases related to a specific area, such as immigration issues, tenant rights, employment insurance and human rights. Sometimes, a case must be heard by a tribunal or board rather than a court. Administrative tribunals provide justice between citizens and the government. According to the law, they must be independent bodies, even if their staff are employees of the government. The Federal Court of Canada hears appeals of decisions made by tribunals.

For more information:

• ADMINLAW BC – What Is Admin Law?

Canada has a law called the Canadian Charter of Rights and Freedoms, which are very important to Canadians. They include the right to free speech, freedom of religion, freedom to live and work anywhere in Canada, and the right to participate in peaceful political activities.

For more information:

• Government of Canada: Guide to the Canadian Charter of Rights and Freedoms
• Government of Canada: The Rights and Freedoms the Charter Protects

Canada and British Columbia have human rights laws to protect people from many kinds of discrimination. Discrimination can include not getting a job or place to live because of your race, sex, age, religion, skin colour, disability or sexual orientation, or being refused service in a hotel, restaurant or other business. If you experience a problem with discrimination, you can contact the Canadian Human Rights Commission or the BC Human Rights Tribunal, depending on the type of problem you have. The BC Human Rights Clinic is also available to provide information and support.

For more information:

• British Columbia’s Office of the Human Rights Commissioner: Human Rights in BC
• BC Human Rights Coalition: Human Rights – Your Rights to Know
• BC Human Rights Clinic : Free Legal Services
• BC Human Rights Tribunal: Who can help
• Canadian Human Rights Commission: Complaints – Am I in the Right Place?

In British Columbia, the law protects your privacy. People and agencies cannot get or use your personal information, such as your name, address, birthdate or Social Insurance Number (SIN) without your permission. The law also gives you the right to see information about yourself, such as your medical records. You also have the right to see any reports about you, such as by teachers, employers or the police.

For more information:

• Government of British Columbia: A Guide to the Personal Information Protection Act
• Government of British Columbia: Freedom of Information and Protection of Privacy Act

There are different ways to find a lawyer. You can ask family members, friends and others in the community for a referral. Or you can contact your local settlement agency and they can provide suggestions. The Canadian Bar Association British Columbia Branch also has a Lawyer Referral Service that can help you – they will give you the name of a lawyer who will talk to you for up to 30 minutes for $25 plus taxes.

For more information:

• Canadian Bar Association British Columbia Branch: Lawyer Referral Service
• The Law Society of British Columbia – Finding a Lawyer

If you have a legal problem, you may need help from a lawyer. It is important to understand what your lawyer can and cannot do for you and prepare well for your meetings. Everything you tell your lawyer is strictly confidential. This means that your lawyer cannot tell anyone else what you have said. It is important that you tell your lawyer the full truth about your situation so that s/he can help you.

For more information:

• Community Legal Assistance Society: A Guide to a Successful Interview with a Lawyer

Many cities and towns have two phone numbers for the police. One is an emergency number and the other is a non-emergency number. You should call the emergency number if you or someone else is in danger or if a serious crime has just happened. In most areas of British Columbia, the emergency number is 9-1-1. This call is free, even from a pay phone. You can ask for help in your own language. In some communities, the emergency number is not 9-1-1. You can find the number in the front pages of the telephone book in your area. You should call the non-emergency number if no one is in danger or time has passed since the crime happened. You can find the number in the front pages of the telephone book in your area. If you are not sure which number to call, call the emergency number and tell them what is happening. They will be able to help you.

For more information:

• E-Comm 9-1-1: Tips and Info
• E-Comm 9-1-1: Non-Emergency Calls