Law Times

PAGE 14 FOCUS OctOber 5/12, 2009 • Law times When it comes to IP in Canada, We're Well Read Ridout & Maybee LLP: Editors of the Canadian Patent Reporter it all starts somewhere www.ridoutmaybee.com Clinics despair interpreter shortage BY JULIUS MELNITZER For Law Times C ommunity legal clinic lawyers say a shortage of competent interpret- ers is reaching a critical stage that's threatening the rights of the poor, limiting access to justice, putting abused women in jeopardy, and overburdening specialty clinics. "This is an issue I have raised time and time again in I don't know how many letters to five different attorneys general over the years," says Avvy Go, a 17-year clinic system veteran who is currently director of the Metro Toronto Chinese & Southeast Asian Legal Clinic. "I've never received a single re- ply from any one of them." Discouraged by the lack of response, Go admits she hasn't bothered writing to the current minister, Chris Bentley. But she says many clinics have raised the issue with Legal Aid Ontario. "LAO has not resolved the Ridout_LT_Feb9-16_09.indd 1 Trust [ David Payne | 2/5/09 10:52:55 AM problem," she says. "For ex- ample, some clinics have raised proposals to share interpreters, and I don't believe LAO man- agement has responded at all." Kristian Justesen, LAO's Every time you refer a client to our firm, you're putting your reputation on the line. It's all about trust well placed. manager of communications and public affairs, points out that legal aid does provide fund- ing for a Spanish interpreter program administered through West Toronto Community Le- gal Services and shared by four community clinics. "This program is funded by LAO for the equivalent of one full-time employee for inter- preter and translator duties," he says. Parkdale Community Legal Services, West Toronto Com- munity Legal Services, the Centre for Spanish-Speaking Peoples, and Jane Finch Com- munity Legal Services all share the interpreter's time. Parkdale also receives funding each year to provide mini-clinics in various languages as needed by the client community. "The clinics are structured Wendy Moore Johns | David Tenszen For over 70 years Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. THOMSON, ROGERS Barristers and Solicitors 416-868-3100 Toll free 1-888-223-0448 www.thomsonrogers.com YOUR ADVANTAGE, in and out of the courtroom so that the interpreter is pres- ent at a fixed time on a predict- able schedule and can provide translation between clinic staff and clients," Justesen says. "The concept seeks to be more cost- effective than making appoint- ments for hourly paid inter- preters to attend at individual client appointments." None of this, however, is much help to Go and the law- yers at her clinic, where the cli- entele is mainly of Chinese and Southeast Asian origin. For his part, Brendan Craw- ley, a spokesman for the Minis- try of the Attorney General, says there are more than 800 inter- preters available for the courts. "We are retesting all current staff and freelance interpreters to ensure quality court inter- pretation services are provided across the province," he says. Untitled-1 1 www.lawtimesnews.com 11/25/08 8:46:47 AM Avvy Go says she's raised the issue of interpreters with suc- cessive attorneys general but received no response. "We have also developed a new, province-wide certificate program in spoken language interpretation that is available to all interpreters including those who work for legal aid." But Crawley wouldn't com- ment further on the issue as it relates to LAO, suggesting instead that legal aid was the proper source for information. Community clinics receive funding for interpreters through their own disbursement bud- gets used to pay out-of-pocket expenses to third parties. "Should a clinic exhaust its individual clinic disbursement budget and require extra fund- ing, the clinic can request ad- ditional supplemental funding from Legal Aid Ontario," Jus- tesen says. In 2008-09, LAO allocated $699,187 for clinic disburse- ment budgets with another $237,813 available for supple- mental funding. "Two clinics requested $38,000 in supplemental fund- ing, and LAO also provided an additional $77,860 to 20 other clinics for supplemental fund- ing, leaving $121,953 available to other organizations. But oddly, no claim was made on the surplus, and the 45 clinics that spent funds on interpreters disbursed only $69,331 for this purpose. Still, it may be that the problem is one of competence rather than funding. "The lack of professional in- terpreters is a real void in the clinic system," says Yedida Za- lik, a lawyer with South Etobi- coke Community Legal Servic- es. "There just isn't an adequate training system for professional interpreters, and that's what we need if we're going to have ad- equate access to justice." Frequently, clinic lawyers have no choice but to accept volunteers as interpreters for interviews and hearings. "But that creates confiden- tiality and conflict of interest issues," Zalik says. In a small ethnic communi- ty, for example, it may be hard for an interpreter to maintain See page 15

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