Those unfamiliar with the work of lawyers sometimes believe that only people who have lots of money can afford to hire lawyers. This cannot be further from the truth. At Acumen Law we believe in keeping costs low for our clients while maximizing the amount we achieve. We are lawyers because we believe in the interest of justice. We believe that everyone who finds themselves face-to-face with the judicial system should have their best interests represented.
This means that we sometimes take on pro-bono cases if it’s in the interest of justice and for a larger cause. Recently, lawyer Stephanie Skinner has been working pro bono with a group of advocates and homeless in the Vancouver Downtown Eastside. A group of approximately 50 homeless people set up tents on an abandoned lot at 950 Main Street in protest to the lack of housing for the poor and so that they would have a safe place to live.
Failing to understand these procedures could mean that crucial evidence in your case may be left unheard by the court. People who are unrepresented are more likely to fail in their quest for justice.
The homeless at 950 Main Street are calling their community a “tent city.” These places are simply a small plot of land where residents can congregate as a community, and have a place to sleep with less danger and less violence. As a result, the tent city has become a home for many of the Downtown Eastside’s most vulnerable.
Despite the necessity of tent city to keep these people safe, they are still squatting on someone else’s land. So recently the City of Vancouver decided to apply for an injunction in court to evict the tent city residents from the abandoned lot at 950 Main Street. The residents of the tent city were unrepresented, up against the City of Vancouver. They didn’t appear to stand much of a chance.
Helping these people who can’t afford legal services is very important for Stephanie. Her work involved helping these residents commission affidavits so they could be presented in court. We feel the work is worth it. Many of these homeless residents struggle just to survive each day. Most have substance abuse problems and various mental health issues.
We are cognizant the City may have good intentions in obtaining the land to build additional housing. But we also understand the homeless residents camping there are real people, just like you and I. They are our fellow humans.
Why do lawyers help those who can’t afford legal services?
You may have heard lawyers use the term “pro bono” before. It’s Latin, and means “for the public good.” For lawyers, however, doing something for the public good means far more than what many other businesses may consider socially responsible efforts. Other professions may understand the public good as making a donation to a charity, or even simply recycling or taking transit to work.
For lawyers, it means providing free legal expertise to increase access to justice for disadvantaged people. As lawyers in Canada, we feel pro bono work is so important that its principles are enshrined by the Canadian Bar Association. Through a resolution at the CBA, each member of the legal profession is called upon to contribute 50 hours, or 3% of billings per year, on a pro bono basis. It’s all because doing so is in the interest of justice.
Why can’t those who can’t afford legal services do it on their own?
The intricacies and nuances of the law may be difficult to comprehend for most people in our society. It is an intimidating feeling for an unrepresented party who finds themselves in front of a judge and opposing lawyers. Often, those who find themselves in court for the first time are unfamiliar with even the simplest of procedures.
The courts are a serious place. There are customs, conventions and rules that must be followed to allow a case to be properly heard. Failing to understand these procedures could mean that crucial evidence in your case may be left unheard by the court. People who are unrepresented are more likely to fail in their quest for justice.
The City of Vancouver’s injunction application
So back to Stephanie’s work with tent city. The night before the injunction hearing, she worked with residents of this tent city to prepare affidavits so the courts could have a clear picture of what these communities mean for those who live in them. They worked fast.
The affidavits included a story of a woman who spent several months this past winter sleeping outdoors because all the shelters were full. The tent city gave her a place to stay and the opportunity to look for work. She started her first shift in May.
Another man had been living in city parks for a time, but continually had his personal belongings seized by authorities. He’s now received training on overdose prevention and is weaning off his addiction, thanks to the tent city.
One transgender woman had been raped and beaten on the streets. Shelters were no better. Apparently some women’s shelters do not accept trans women. At men’s shelters, she’s put at risk of assault and abuse. At the tent city, her community supported her.
The next day the Court heard their arguments. The Court ruled that the tent city could stay.
In its decision, the court said:
“The occupants here are speaking about more than shelter: they are relying on what they say is their safety and survival, which they submit can only come from having a stable place to sleep and live.”
It was a significant victory that meant the community of approximately 50 people could remain safe on their small plot of land and continue to do so.
Unfortunately, victories for the disadvantaged are rarely lasting. Less than a month after the Court decision, a housing development company has issued the residents a notice alleging trespass. There is now another injunction application. The community went to Court again. So far, the tent city has held them off by obtaining short reprieve from the BC Supreme Court.