B.C. legal aid lawyers say province must boost funding or they’ll strike

Representatives will ask members to vote in favour of withdrawing services starting on April 1

A group representing British Columbia’s legal aid lawyers says if the provincial government does not boost funding, it will ask its members to vote in favour of withdrawing their services starting on April 1.

The Association of Legal Aid Lawyers said Monday that per capita funding has shrunk by 60 per cent since 1992 and B.C. ranks 10th out of 12 provinces and territories in per capita funding.

READ MORE: B.C. gets $5.3 million to work against gangs and guns

Director Richard Fowler said the provincial government must restore per capita funding to 1992 levels, adjusted for inflation. Legal aid lawyers have only had one pay raise in 28 years and their numbers have dropped to 1,000 from 1,500 in 1991, he added.

“These cuts and consistent underfunding for decades have had a disastrous effect on the legal aid system while funding for prosecution services and the courts has increased,” he said in a news release. “There currently is a huge decline in lawyers taking on cases. They just can’t afford to do it.”

Fowler said if the government doesn’t announce funding increases by March 13, the group will ask its 514 members to vote for the job action.

The Ministry of the Attorney General did not immediately respond to a request for comment. However, it released a report on legal aid services shortly after the association made its announcement.

The report by lawyer Jamie Maclaren follows an external review and public consultations with legal aid users that was conducted in the fall, the ministry said.

It makes 25 recommendations including launching an online portal to accept legal aid applications and to help with clients’ legal problems.

The report calls for representatives from the provincial government, the Law Society of B.C. and frontline community service organizations to be appointed to the Legal Services Society board, which oversees legal aid in B.C.

It also recommends broadening the scope of Indigenous legal aid services and creating legal clinics for child protection and refugee cases. And it wants the auditor general to perform a value-for-money audit of Legal Services Society operations.

“Legal aid is not broken in B.C. It has simply lost its way. Years of underfunding and shifting political priorities have taken their toll on the range and quality of legal aid services, and especially on the people who need them,” Maclaren writes.

“Still, the will exists in B.C. to make legal aid more accessible and effective for all its many users.”

The ministry said it would carefully review the report and determine next steps.

Fowler said the reduction in funding since 1991 means only a small number of people qualify for legal aid.

Legal aid for family law is now only available if there’s a threat of violence or if the government is trying to permanently remove a child from their family, and one-person household with an income of more than $1,580 a month is ineligible for a legal aid lawyer in a criminal or family matter, he said.

“This has resulted in courtrooms filled with single mothers without lawyers struggling to deal with child custody matters,” he said.

He said individuals and businesses who pay for legal services in B.C. pay a seven per cent tax on those services. The money raised by the tax is enough to fund a “fair and functioning” legal aid system, Fowler said, but the government does not use the money to fund legal aid.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

28 years later: Dunahee disappearance remains largest investigation in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

Saanich could become the new home of the world’s largest gnome

Galey Farms could find out Tuesday whether it will host the eight-metre-tall structure

Victoria Fire Department advises cigarette safety after two fires started in one week

Two separate fires caused by cigarette butts were avoidable

VicPD faces ‘significant pressure’ following Victoria’s 2019 budget decision

Chief Const. Del Manak says council continues to micromanage his department

Protective human chain forms around Victoria mosque for Friday prayer

Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Vancouver Island motorists attempted CPR on victim in fatal Highway 4 crash

Collision took place west of Whiskey Creek; man in his 70s died

Greater Victoria Wanted List for the week of March 19

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: When do you think the next major earthquake will hit Vancouver Island?

According to seismologists, Vancouver Island is overdue for a magnitude 7 earthquake.… Continue reading

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Motorcyclist dies after three-vehicle crash on old Island Highway

Accident happened at 12:15 p.m. Friday near Country Club Centre in Nanaimo

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Most Read