Lawyers donate time to disabled
By Joey Fitzpatrick
Monday, May 6, 2002
The Halifax Herald Limited
JUST UNDER 35 per cent of Nova Scotians are living with some type of disability. Despite the progress that has been made toward equity, it remains all too common for persons with disabilities to face some type of bias or unfairness in the workplace, health-care system, education system and in the home. In many such cases, they need the services of a lawyer.
According to Tova Sherman, executive director of Reach Nova Scotia, we have a massive problem with "non-represented" individuals in this province. These are people who don't meet the criteria for legal aid and often find themselves without representation.
"Some people use the term 'self-represented.' There is no such thing," Sherman says."Try representing yourself, with all of the legal language and technicalities. It's like being sent into the operating room to perform surgery on yourself."
Reach Nova Scotia was launched two years ago to promote access to justice for persons with disabilities. One of its first initiatives was to set up a legal referral service for Nova Scotians with a disability who lack the resources to hire a lawyer. You can contact Reach Nova Scotia at 429-5878, toll-free 1-866-429-5878, e-mail info@reachability.org.
Since its inception, about 150 lawyers have donated their time to serve more than 450 Nova Scotians. Each client receives up to three hours of legal consultation, and some receive much more. The service has saved Nova Scotia more than $400,000 in legal fees, Sherman estimates.
The cases involve a wide range of legal issues including insurance, education, tenant-landlord disputes, public access, employment rights, education and family law.
Sherman worries that there are still many disabled Nova Scotians, particularly in rural areas, who are unaware that Reach Nova Scotia is out there.
"People in rural areas are often facing larger issues because they're so isolated and they don't have the services that you have in Halifax."
When you're talking about legal issues, "simple" is not a word that often comes up. But some cases are resolved with relative simplicity.
This was certainly the case for an elderly Dartmouth resident who was unable to leave his home because a crumbled curb had become impassable with his wheelchair. He hadn't had much luck convincing his landlord to fix the problem. It took just one phone call from a Reach Nova Scotia lawyer to put the wheels in motion and within days the curb was repaired.
"People are looking for justice, and while that can mean legal, it doesn't have to mean court-legal," Sherman says.
Of course, not every case works out according to a client's wishes. Sometimes a session with a lawyer can bring an unwelcome dose of reality, as often occurs in cases involving disputes with Canada Pension Plan or Workers' Compensation. A client may learn that, in fact, there is no legal recourse for their problem.
"That may be a tough pill to swallow, but at least they know that now they have to get on with life."
The service is available to all Nova Scotians with a disability of any kind: physical, mental, emotional or invisible (cancer, HIV, etc.). No fees are charged to clients. When a lawyer has accepted a client's referral, the client is contacted and given the lawyer's name and telephone number.
"We've even had lawyers go into hospitals and do wills for people dying with AIDS," Sherman says. "These lawyers have made a tremendous commitment."
Joey Fitzpatrick is a Halifax-based writer.
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