Legal advice and lawyers
Law Phone-In and Lawyer Referral Service
The Law Phone-In Service, operated by the Community Legal Education Association answers general questions about the law. Call them at 943-2305 or toll-free at 1-800-262-8800 (outside Winnipeg). The Law Phone-In Service provides general advice only, not advice for particular situations. If you have a legal problem, it is best to talk to a lawyer.
The Lawyer Referral Program will refer you to a lawyer who can provide a free 30-minute consultation. Call them at 943-3602, visit them on the web or e-mail info@communitylegal.mb.ca.
Legal Aid Manitoba
If you need legal advice and can't afford a lawyer, you may qualify for Legal Aid. If you qualify, you may get free legal services. Legal Aid will assess your income and assets to determine whether you qualify for assistance.
Interpreters
You may feel more comfortable if you take an interpreter with you when you seek legal advice. The International Centre has free interpreters. You can also look in the Yellow Pages phone book under Translators and Interpreters.
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The law in Canada
The laws in Canada and Manitoba may be quite different than in other countries. You can learn about the law by visiting the provincial justice department website:
Manitoba Justice.
Some laws you should be aware of:
- It is illegal to drive without a driver's licence, registration and insurance.
- It is illegal to drive if you have been drinking alcohol.
- The driver and all passengers must wear seat belts at all times when driving in Canada.
- Babies and children who are too small to wear seat belts must be placed in properly installed infant or child car seats, appropriate to the age and weight of the child.
- Children under 12 years of age cannot be left at home alone, or to care for younger children.
- All children aged six to 16 must attend school.
- Smoking is not allowed in closed public places and often near entrances.
- You must be 18 years old to buy or drink alcohol.
- It is against the law to hit your spouse or children, either in the home or in public.
- Adults are required by law to report child abuse.
- It is illegal to use, buy or sell marijuana, heroin, cocaine and other addictive drugs.
- It is illegal to make any kind of sexual remarks or advances if the other person does not like them.
- It is illegal to solicit the services of a prostitute.
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Youth and the law
In Canada, youth who commit a crime are held accountable for their actions. However, they are not dealt with in the same way as adult offenders. This is because they may not have an adult's understanding of their crime. They are also more likely than adult offenders to be reformed and become law-abiding citizens. The law for young offenders is called the
Youth Criminal Justice Act.
Children's rights
In Canada, you are required by law to properly care for your children. Police, doctors, teachers and children's aid officials will act when children are being abused. This includes any form of harm and abuse – physical, psychological or sexual. All forms of child abuse are severe crimes. In serious cases of abuse, children can be taken away from their parents.
- Physical abuse is any intentional physical contact that causes injury. For example, spanking a child long enough or hard enough to cause bruises, or spanking with anything other than an open hand, is a form of abuse. Some cultural practices, such as female circumcision, are also considered physical abuse and are against the law.
- Psychological abuse includes terror and humiliation.
- Sexual abuse includes any form of sexual contact between an adult and a child.
- Neglect is also a form of child abuse. Parents who fail to protect and provide for their children are guilty of neglect. By law, children under 12 cannot be left alone to look after themselves or younger siblings. Kids' "helplines" are available for children who need someone to help them or with whom they can simply talk.
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Domestic violence
Manitoba has a "zero tolerance" policy about domestic abuse. This means that violence in any form (physical, emotional, sexual) against women or children is a crime. Abuse towards partners (spouse, common-law spouse, girlfriend, boyfriend, or other intimate partner, past or present) is against the law. See
Manitoba Justice - Domestic Violence.
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The role of police
The police are part of the community and are accountable to the public. They may be either men or women. They are trained to serve and protect the public, including you. Police operate within strict regulations and follow established procedures. Canadians expect honesty and fairness from the police.
Calling the police
Most cities and towns have an emergency number for the police. Call this number if you or someone else is hurt or in danger, or if you see a crime taking place. In most parts of Canada, the emergency number is 911. Emergency numbers are always printed inside the front cover of the telephone book.
What if you are questioned by a police officer?
- Call the police officer "officer."
- Accept the police officer's authority; do not try to argue.
- Be ready to show identification if a police officer asks you for it. If you are stopped by the police while driving a car, the officer will probably ask you for your driver's licence, proof of insurance and car registration.
- Tell the officer the facts about what has happened. Do not offer your own opinion.
- Never try to give money to a police officer. Canadians do not bribe police officers. It is a serious crime to do this.
What if you are arrested by a police officer?
- Police officers must tell you who they are and show you their badge number.
- They must explain why they are arresting you and tell you what your rights are.
- They must allow you to call a lawyer right away. If you don't have a lawyer, they must give you the Legal Aid telephone number and let you call.
- You do not have to give any information, other than your name and address, until you have talked to a lawyer.
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Telephone help lines
The following are some free services that answer their phone 24 hours a day for information, support, counselling or shelter. You will find a list of emergency services on a front page of your phone book.
- Emergency services - 911
- Child and Family Services - 944-4050 (after hours: 945-0183)
- Child Find Manitoba - 945-5735 (missing children)
- Crisis 24 Hour Line - 786-8686
- Domestic Violence Crisis Line - 1-877-977-0007
- Osborne House - 942-3052 (for victims of domestic violence)
- Kids Help Phone - 1-800-668-6868
- Winnipeg Crimestoppers - 786-8477, toll-free: 1-800-222-8477
- Manitoba Crimestoppers - toll-free: 1-800-782-8477
- Sexual Assault Crisis Line - 786-8631
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Your legal rights
Manitoba Human Rights Commission
This branch of the provincial government enforces the
Manitoba Human Rights Code. It investigates claims of discrimination in matters under provincial jurisdiction, such as education and health.
Canadian Human Rights Commission
This body enforces the Canadian Human Rights Act and ensures compliance with Canada's Employment Equity Act. It investigates claims of discrimination in matters under federal jurisdiction, such as the RCMP or Canada Post.
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