For 28 years, all Queen’s University undergraduate students have had free access to legal services provided by Queen’s Legal Aid (QLA). Like all other clients of this clinic, undergraduate students receive sound legal advice and representation from Queen’s Law student caseworkers who are closely supervised by experienced lawyers. The question of whether this “legal insurance policy” will be continued is being asked in the AMS referendum on February 1 and 2.
QLA director Blair Crew lays out the facts about what the referendum question is all about.
Why is it important for Queen's undergraduate students to have free access to legal services offered by Queen's Legal Aid?
Most people never think they will need legal assistance. We provide a wide range of services of relevance to students from helping with problematic landlords and problems with your employer to helping to fight against penalties laid by the Kingston police. We even provide help for simple things, like getting an affidavit signed for OSAP. You never know how much you need access to free legal advice until you need it!
What is at risk in the AMS referendum vote to reaffirm the $5.50 student fee to QLA?
Under our funding agreement with Legal Aid Ontario, we can only have an “open door” policy for students if we have a funding arrangement with the AMS in place. Queen’s Legal Aid will not be allowed to provide services to AMS members whose family incomes are above the poverty line if the referendum does not affirm the QLA levy, which has been in place for almost 30 years!
Who is at the greatest risk if the vote fails and why?
Students who represent equity-seeking groups are probably at the greatest risk if the vote fails. The justice system has historically provided the greatest protections for those who least need the protection from the law. Young people, members of BIPOC populations and those who do not see themselves as “part of the mainstream” often turn to QLA for help in making their voices heard in the legal system.
In addition, university is stressful. This can lead to students who are facing challenges to their mental health needing to cope with complex legal issues at a time when their resources to cope are most depleted. At times like this, I think it is helpful to have enthusiastic law students reassure clients that “we’ve got your back.”
What type of legal aid services are in greatest demand by Queen's undergraduate students and how does QLA help?
Kingston has an old housing stock and a few unresponsive landlords, so services related to student tenancies are our greatest demand for services.
This goes beyond QLA just providing legal advice to help students learn about their rights as tenants. It extends to QLA actually representing student clients at the Landlord and Tenant Board and Small Claims Court.
How has the demand for free legal aid services by Queen's undergraduate students changed over the past two years?
Unfortunately, with the introduction of the City of Kingston’s new Administrative Monetary Penalty regime, we have been helping many students navigate a system that can result in an automatic $2,000 penalty, even though traditional protections, like the presumption of innocence, do not seem to apply. In addition, where there is an allegation that a student violated the restrictions imposed by the Reopening Ontario Act, there is a mandatory minimum penalty of $10,000, even if the student admits they just made a mistake that they regret. We are often successful in having these penalties reduced to a level that is more reasonable for people who are looking forward to just starting their career.
Also, since COVID-19 restrictions first came into effect, QLA – which represents tenants only in housing matters – has been dealing with further increases for legal services and representation in lease disputes between tenants and landlords.
What other types of issues does QLA help Queen's students with?
As noted, we also provide assistance with employment law matters, Small Claims Court claims and defences, serious Highway Traffic Act charges, and human rights claims. We also assist students with final-level appeals on academic and non-academic matters at Queen’s, including in appeals to the University Student Appeal Board.
How has demand for QLA services changed over the past few years?
Over Queen’s Legal Aid’s 50-year history, usually about 20 per cent of our clientele have been Queen’s students, primarily undergrads. Currently, more than 50 per cent of our clients are Queen’s students.
What can Queen's undergraduate students do to keep free access to QLA services?
Queen’s undergraduate students can be sure to vote in the AMS referendum on February 1 and 2, and vote “yes” to the continuation of the $5.50 QLA student interest fee!
Is there anything else Queen’s undergraduate students should know about QLA services?
Tell your classmates and friends about the AMS referendum and the valuable free services QLA provides!