The British Columbia branch of the Canadian Bar Association will hold a ‘People’s Commission’ on the sorry state of legal aid in the province.
“The British Columbia Branch . . . recognizes that while a government-funded and organized consultation process would be appropriate, given the current economic realities of the province, it is probably unlikely,” BCCBA president James Bond wrote in a message today to people involved in the justice system.
“Therefore, we hope to work with all of you and other justice system stakeholders and interested persons in the creation of a ‘People's Commission’ which would consult with British Columbians on issues such as what legal aid services should be delivered, who they should be delivered by, and how they should be funded,” Bond wrote.
Attorney General Mike de Jong is supportive of the process, Bond said, adding that de Jong and the government have been invited to provide suggestions on how to structure the consultation process and are welcome to participate.
A news release distributed separately called for public hearings but did not say the BCCBA planned to organize them.
“A flawed funding and delivery model has created a crisis of access to justice at a time when people most need help," that release quoted Bond saying. "The more comprehensive legal aid system which we once knew in this province is no longer recognizable as such. The volatility of its funding model has led to unrealistic limitations on who can access legal services for what needs, and increased reliance on ‘self-help’ materials for people who have to go to court unrepresented."
The announcement comes a day after lawyers in Kamloops withdrew their duty counsel services to protest the closure of regional legal aid offices in Kamloops, Surrey, Kelowna, Prince George and Victoria.
"It is refreshing to see the Canadian Bar Association publicly come out about reviewing the concerns about legal aid in the province," said Graham Kay, chair of the Kamloops Legal Aid Tariff Lawyers Committee. He said he hopes there'll be a resolution to the issues before March 26 when the offices are slated to close.
“We all want to see legal aid restored so it can provide basic service to those who need it, which is often the most marginalized in our society,” said Kevin Love, a lawyer with Vancouver’s Community Legal Assistance Society. Many people with average incomes also have trouble affording lawyers’ fees, he added.
Attorney General de Jong was not immediately available for comment.
Andrew MacLeod is The Tyee’s Legislative Bureau Chief in Victoria. Reach him here.
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ME2
2 years ago
legal aid
wihout in any way disputing the inaffordability of our "justice" system to lower-income citizens, I also think it is long past time that we looked into the VERY high cost lawyer's fees represent.
Canoehead
2 years ago
Lawyers' Fees
ME2 is right to question the cost of hiring a lawyer - it creates a huge obstacle for people wanting to take a matter to court, among other problems. There's an important distinction, though, between balking at paying a downtown Vancouver lawyer $350/hour to represent you in a wrongful dismissal action against your former employer, and a low-income citizen trying to access legal aid. The public pursestrings are tied to the latter, but hiring a big gun is a "private" matter paid for personally. Unlike medicine and teaching, the majority of legal professionals are not paid out of tax dollars, and so the market price has prevailed. There are many, many lawyers who provide economical services at standards as high or higher than their higher-paid counterparts; one has to look beyond the mega-firms for that.
ChrisB
2 years ago
The Real Issue ...
... isn't the fact that lawyers demand hourly rates that put their services beyond the reach of most people. That is just a symptom of the larger problem, which essentially is that the entire justice system is engineered to serve the interests of the legal establishment and its friends and patrons.
Unfortunately acquiring an appreciation of that reality requires putting a lot of time and effort into pursuing litigation without counsel and facing adversaries who can afford whatever expenditure is necessary to prevail. I've had that experience and I know I am not alone, however the CBA, Michael de Jong, and the rest of the legal establishment do not want to hear from us.
I've attended "public" meetings held by the legal establishment before. They've always been a sham. The CBA's mandate is to advocate for the interests of its members.
In order to have any prospect of successfully addressing the access to justice problem we would need to put every option on the table for serious debate. One option that I believe should definitely be considered is repealing the statutory provisions that grant a monopoly to the law societies. Interestingly, the law societies, unlike the CBA, are supposed to serve the public interest. However, that is clearly not what they do. It is no coincidence that 845 Cambie St. in Vancouver is the address of both the Law Society of B.C. and the BC branch of the CBA.
Not just in B.C., but across Canada, the legal establishment is not ready to sacrifice any of its power or privilege. The public hand-wringing is for show.