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The Stream - Courthouse Libraries BC Blog

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Stay current with the latest news and views from Courthouse Libraries BC.  

  • Asked & Answered: What is the BC Terms of Union and where do I find it?

    by Roman Lanzarotta | Jul 08, 2016
    WHAT IS THE BC TERMS OF UNION AND WHERE DO I FIND IT?
     
    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    The British Columbia Terms of Union is the document that caused the province of British Columbia to become a part of the country of Canada, when it had formerly been a British colony.   Since the Terms of Union existed prior to BC existing as a province, copies of the Terms can be a little tricky to locate in official government publications.

    The BC Terms of Union can be found in a special BC Statutes Appendix volume published in 1871.  In CLBC’s collection it is indexed with the call number KP21.L38 1871 v. 2.

    It can also be found in the British Columbia Gazette from 1871 which has the call number KP39.

    The Terms of Union can be located online on the Department of Justice website.

     

    An associated piece of legislation that covered British Columbia becoming subject to Canadian law after joining the country can be located in the Statutes of Canada 1871, called “An Act respecting the force and effect of the Acts of the Parliament of Canada, in and in relation to the Province of Manitoba, and the Colony of British Columbia when it becomes a Province of the Dominion.”  It is indexed in CLBC’s collection with the call number KP2.S7 1871.

  • Make a Will Week 2016

    by Roman Lanzarotta | Apr 07, 2016

    Make a Will Week 2016 is just around the corner!  Running from April 10-16, Make a Will Week is an event encouraging British Columbians to write a will or to bring their old wills up to date. 

    Check out the Wills Resources collections assembled by Courthouse Libraries BC and the Make a Will Week homepage set up by the BC government.  Both will provide links to a wealth of different tools to help you write your will and plan for the future.

     

    These are just a few examples of the resources available:

    Nidus Personal Planning Registry – a secure online service that allows you to store life planning documents like an enduring power of attorney or representation agreement.   Using the registry, you can grant access to specific third parties, such as hospitals, financial institutions, your doctor or family members, who might need access to important information about you.  It’s easy to update and can be set to regularly remind you to review and revise your personal planning documents.

    Guide to Wills & Estates (Evin Ross) – a print guide to wills and estates containing instructions, tips and practical examples.  This resource also contains and explains all of BC’s probate forms.  It can be found in most CLBC branches under the call number KN125.G841.

    CLEBC Online – Continuing Legal Education BC’s online database can provide a wealth of information on wills and a variety of other legal topics.  CLE Online includes digital copies of many of CLE’s publications, scanned course materials and sample wills clauses.  CLE Online is available in all Courthouse Library branches or through a paid subscription.

    People’s Law School – The People’s Law School is a help center that publishes guides on a variety of legal topics.  For Make a Will week they have chosen to highlight their Writing Your Will guide which covers what information should be included in a will, common issues with will writing, contact information for legal assistance with will creation  and answered to frequently asked questions.  

  • Asked & Answered: How do I apply for a restraining order - Peace Bonds and Family Protection Orders

    by Roman Lanzarotta | Apr 01, 2016


    HOW DO I APPLY FOR A RESTRAINING ORDER: PEACE BONDS AND FAMILY PROTECTION ORDERS

    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    Go to Part 1: What is a Protection Order?

    In BC there are two types of orders that might be referred to as a Restraining Order, though they are properly called Protection Orders. A Family Protection Order is used to protect family members from “family violence” and can only be obtained against a person you share a family relation with, which can include partners and guardians. A Peace Bond is meant to protect you, your family or your property from someone who you fear means to do you harm. Peace Bonds can be obtained against anyone.

    These orders are used in circumstances in which you feel unsafe but are not in immediate danger. If you are in immediate danger you should contact the police at 911.

    A full guide on Protection Orders can be found here.
      

    Peace Bonds

    You can apply for a Peace Bond by contacting the police through 911 even though it is not an emergency. The officer you speak to will take a report which will be forwarded to Crown counsel and a hearing will be set if Crown counsel agrees that the matter should proceed. If Crown counsel does not agree, or the police will not forward the matter, you can apply for a Peace Bond yourself by laying an Information with a Justice of the Peace in Criminal Court. Peace Bonds expire after one year.

       

    Family Protection Orders

    A Family Protection Order is applied for to protect you or your family from a family member or relation.

    Family Protection Orders are usually applied for through the BC Provincial Court, though they can be applied for through the BC Supreme Court as well. They are free through provincial court and cost either $80 or $200 dollars through the Supreme Court depending on whether you already have a case before the court or not. You can apply to waive these fees if you meet certain financial criteria.

    Note that if the person against whom the order is made is not present for the court proceedings then the Ministry of Justice will assume responsibility for serving the order on them.

    To apply for either you will need to file the following forms with the appropriate registry:
      

    For Supreme Court

    • Affidavit (Form 30)

    • Notice of Application (Form 31)

    • Notice of Family Claim (Form F3) unless

    you’ve already filed one

    • Protection Order (Form F54)

    • Requisition (Form 17) to ask for an “order

    without notice” and/or an urgent application

    (see next section)

       

    For Provincial Court

    • Affidavit (PCFR Form 17)

    • Application to Obtain an Order (PCFR Form 1)

    • Notice of Motion (PCFR Form 16)
        

     
    References


    Family Law LSS: Family Protection Orders

    Family Law LSS: The Difference Between Peace Bonds and Family Protection Orders

    BC Protection Order Registry

    VictimsInfo: Protection Orders

    For Your Protection: Peace Bonds and Family Law Protection Orders



    Contacts


    VictimLink BC
    1-800-563-0808HOW

      

ROMAN LANZAROTTA

Roman is a law librarian at Courthouse Libraries BC.

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