Access to Legal Services

Year
2013
Number
B60
Sponsor(s)
Lantzville

WHEREAS: A. Funding for legal aid was cut back by over 40 in 2002 and the small increases since then have not kept up with inflation and as a result there is a very low level of legal aid coverage almost none in family cases, none in poverty law cases, and limited criminal defence and refugee case coverage; B. The funding of legal aid in British Columbia is 10th out of 13 provinces and territories; C. Self-represented litigants who have legal problems that are not effectively resolved have escalating problems of poverty, homelessness, mental illness, lack of employability and deteriorating health; D. Such persons live in our community and their unresolved, or badly resolved, legal problems mushroom and become the problems of our community; E. Self-represented persons cause slow-downs and backlogs in our courts which have negative repercussions for individuals and businesses who use the courts to resolve disputes; and F. Slow-downs and backlogs in the courts also give rise to public safety concerns because persons accused of crime are not tried in a timely way, sometimes are not tried at all because of the delays, and public safety officials, such as the police, spend undue amounts of time on such cases instead of making our communities safe: THEREFORE BE IT RESOLVED that UBCM call on the provincial government to: 1. Commit to increased, long term, stable funding for the Legal Services Society; 2. Recognize legal aid as an essential service fundamental to a just society; and 3. Engage in a constructive dialogue to effect change to improve access to legal services for all British Columbians which will positively affect BC communities.

Provincial Response

Ministry of Justice The Province is focused on ensuring timely access to justice and legal aid is an essential part of that. This year, the Province is providing a total of 72.5 million to the Legal Services Society and is working with Society staff to plan for an expansion of criminal and family legal aid services in advance of increasing the Societys budget by 2 million in fiscal year 201415. In 2012, as part of our Justice Reform Initiative, the Society provided the Ministry with advice about legal aid reform that could contribute to broader justice system effectiveness. As a result, in the White Paper on Justice Reform, Part Two, the Province committed to supporting the Society to test an expanded criminal duty counsel model and increase the family law services it currently provides. The Ministry will continue to engage in a close dialogue with the Society to implement these reforms in the future. Access to justice, however, must be seen as more than access to court. There are many situations, particularly in the areas of family and civil law, where court is not the best option for people to resolve their problems. That is why the Province also invests 30 million annually on other access to justice services, such as the Family Maintenance Enforcement Program and information, assessment, referral and mediation services at over twenty Family Justice Centres and two Justice Access Centres across the Province. A third Justice Access Centre opened in Victoria in October 2013. The Province is working to develop a continuum of user-focused services that help prevent justice system disputes, where possible, and to assist individuals to reach early resolutions and go to court only when necessary.

Convention Decision
Endorsed