Facing criminal charges and spending even a brief time in jail can trigger a damaging web of civil legal issues — especially related to housing, employment, social assistance and child custody, a new report from the John Howard Society of Ontario has found.
These problems, if left unmet can set off a “vicious cycle of recidivism and poverty,” said Jonathan Robart, the legal program co-ordinator at the justice and prison reform non-profit. On the other hand, he said, “if these issues are addressed as soon as possible, and if they are recognized as legal issues, the idea would be to put a stop to this cycle of justice system involvement.”
The cycle has only been exacerbated by the pandemic, which has made it hard to access reintegration services, caused massive job losses — especially for temporary and low paying jobs — and worsened the affordable housing crisis.
Researchers surveyed 199 people across Ontario who have been involved in the criminal justice system, interviewing 44 in more detail. They also surveyed and spoke to John Howard Society front-line workers who, the report concludes, could — with specific training focused on criminal justice-related issues — do more to help identify civil issues clients are facing and support them in getting legal assistance where needed.
That could mean helping find and fill out forms before going to a legal clinic, which makes the referral process much easier, said Robart, who used to work at a legal clinic. “The earlier the problem is identified, the easier it is to solve.”
One major barrier clients spoke about that stopped them accessing legal advice is a feeling that being forced out of housing or not being paid for completed work is inevitable and simply a part of life — rather than a legal issue that can be fixed, Robart said.
“Ultimately, what we are trying to achieve with this program is almost like saying: ‘Well, you know, that’s not OK. We’re going to try to do something about this,’” he said.
He added the work can help clients maintain dignity so they can speak up and say: “I have rights as a tenant” or, “My shelter allowance shouldn’t have been taken away.”
One man interviewed by the researchers spent 30 days in jail after being arrested for breaking a window while being removed from his home. He was unable to return to that place, and was homeless after he was released from custody.
“I felt ashamed, and I felt embarrassed, and I feel like most people were like, ‘I don’t want to talk to him anymore because he’s a criminal.’ That barrier there just threw me off and it was hard to get back onto my feet after that,” he said.
The man, who struggles with alcoholism, depression, anxiety and claustrophobia stemming from being locked in a small room as a child, described being repeatedly evicted from housing and recently losing most of his possessions after his landlord called the police and told him to leave because his name was not on the lease.
“They took the keys right out of my hand, I lost my cat, I lost all my possessions, I lost all my food, and I was just left on the street,” he said.
He once did try to seek help at a legal aid clinic but was too embarrassed to explain his circumstances and worried he’d be told he was wasting their time because he was in the wrong.
“I didn’t want them to have a judgment on me, so I avoided having to use legal aid,” he said.
This is part of the reason building the capacity of “trusted intermediaries” like community workers can be helpful, the John Howard report found, especially since marginalized and vulnerable people are often faced with the “tyranny of the moment” when help is needed immediately.
The report findings are unsurprising to lawyer Caryma S’ad, who practices both criminal law and housing law. She said it is very common, in her experience, for criminal issues to overlap with other barriers, both legal and non-legal.
“It’s a whole interconnected system and if one thing goes wrong, it’s very, very easy for lots of other things to fail in quick succession,” she said.
From a community safety perspective, she said, allowing urgent legal issues to fall through the cracks and get worse “is counterproductive at best, and at worst it’s very oppressive.”
She stressed the importance of early intervention — being able to negotiate with a landlord a week before rent is due is much easier and cheaper than dealing with a sheriff coming tomorrow.
But, she noted, the 30 per cent cut to Legal Aid Ontario’s budget last year and a new funding crisis amid the pandemic makes accessing legal assistance even more challenging. And there need to be bigger changes made around policing, for example, when an officer decides to lay a criminal charge or give a warning, she said.
The value of community justice support is also explored in a recent report from Community Legal Education Ontario (CLEO), which found that front-line workers, who often provide services in specialized areas such as resettlement, housing or violence against women, already offer critical help to clients with law-related problems — some of which may not need to be solved through the formal legal system. The client might need help writing a letter, or filling out applications for a restraining order or tenant maintenance, the report said. And they want help from someone they already trust, and who understands their experiences.
“When people need help with problems that affect their basic needs and rights, they need it urgently. They often turn to community workers they already know and trust,” the report said. “Access to justice is best served when community justice helpers and licensed legal service providers are connected in communities and can draw on one another’s specific areas of expertise to meet clients’ needs.”
Recent Comments