TOGETHER WE CAN MAKE LEGAL AID AN ESSENTIAL PUBLIC SERVICE

“If the misery of the poor be caused not by the laws of nature, but by our institutions, great is our sin.”

- Charles Darwin

It would be fair to say that most people out there have understood for a long time now that legal aid is in big trouble in British Columbia. What may come as a surprise is the very systematic way that legal aid has been reduced. The impact underfunded legal aid programs has on our most vulnerable citizens and how this has undoubtedly contributed to the misery of the poor in our province is an abrasively accurate reality (See link below, “Timeline of cuts to legal aid”). Not having access to legal counsel and due process creates and perpetuates homelessness, destroys families and adds to incarceration rates as innocent people accept guilt in criminal matters without the proper legal supports in place. The time has come to make accessible legal aid a priority in British Columbia where the Institution of Justice holds integrity for people without the means to adequately defend themselves.

Legal Aid has suffered in excess of $22 million in cuts since 2001-2002 and the government of the day has supported these cuts by claiming that less money has led to greater administrative efficiency. The argument that this government has been making is that the Legal Services Society of BC, through decreased overhead costs, elimination of staff, and the closing of its offices, has enabled marginalized people greater direct access to assistance from a lawyer (See link to Hansard below). The position that an over 25% reduction in legal aid funding will in fact increase services to those most in need is untenable, and is illustrative of the disconnect between those creating policy and those seeking access to justice.

 The legal community throughout British Columbia has long been an intimate witness to the effects of unstable funding to legal aid and so undertook to present a Public Commission to the Province to clarify the reality of access to justice for those who need it most. This report was funded by The Canadian Bar Association BC Branch, The Law Society of BC, The Law Foundation of BC, The BC Crown Counsel Association, The Vancouver Bar Association, and The Victoria Bar Association. The Public Commission received written submissions from 73 individuals, organizations, and groups familiar with the legal aid system. It held 11 hearings, conducted province wide, where the panel was called upon to sit for additional time to hear over 80 presentations from passionate people and organizations that struggle day-in-and-day-out under an increasingly ineffective legal aid system.

 This thoughtful and pragmatic report was released in March of this year with clear and reasonable recommendations for creating a more just society for all of the citizens of British Columbia. One of these recommendations is to make legal aid an essential public service and it is this recommendation that the people of BC need if we are to build a province for the future where everyone has the ability to seek justice on equal terms.

How to help:

1. Get the word out! Tell family, friends and colleagues what legal aid is and why we need it.

2. Write or email your Attorney General and encourage the institution of the recommendations made in the Public Commission on Legal Aid.

ATTN: Shirley Bond

Email: AG.Minister@gov.bc.ca

PO BOX 9044
STN PROV GOVT
Victoria BC
V8W9E2
CANADA

3. Write TAPS your ideas for helping to make legal aid an essential public service in BC. info@tapsbc.ca

See these links for more information:

To read the Report of the Public Commission on Legal Aid in British Columbia click on the link below:

http://www.publiccommission.org/media/PDF/pcla_report_03_08_11.pdf

For a brief summary of the reports findings and recommendations as well as additional media links click on the link below:

http://www.slaw.ca/2011/03/10/b-c-legal-aid-commission-concludes-system-broken/

For a timeline of cuts to legal aid in British Columbia click below:

http://www.povnet.org/node/3629

For a transcript from the BC legislature debate on legal aid service delivery click the link below:

http://www.leg.bc.ca/hansard/39th1st/h91103p.htm#1952

To join the BC Canadian Bar Association Campaign Click the link below: http://www.weneedlegalaid.com/