Lawyers Across British Columbia Step Up Efforts in the Battle for Legal Aid

VANCOUVER, BRITISH COLUMBIA--(Marketwire - Nov. 13, 2012) - Hundreds of lawyers across the province will soon refuse to take another category of cases as part of a widespread effort to compel the BC Government to increase funding for legal aid and expand the severely limited degree of services for citizens in need of assistance.

A rally will be held in Vancouver at 12:30 pm on November 14 (Provincial Courthouse, 222 Main Street) to kick-start a service withdrawal that takes effect the next day, and runs indefinitely. As of November 15, criminal-defence lawyers will refuse to provide service for out-of-custody criminal harassment cases.

This latest tactic is part of a series of service withdrawals aimed at raising awareness about the dire need for more legal aid funding across British Columbia. More citizens need to be able to qualify for legal aid.

"As it stands, there are far too many self-represented litigants stumbling through the courts," said Trial Lawyers Association of BC president Marc Kazimirski. "Citizens need legal assistance, not a closed door when it comes to the justice system."

Previous efforts saw duty counsel conduct an escalating series of withdrawals between January and April 2012. A refusal to accept riot-related cases followed. This next step does not have an end-date. An additional category of cases will be refused by mid-January 2013. At that time, referrals from the Legal Services Society will be refused in out-of-custody sexual assault cases.

"The lawyers involved are very determined," said Mr. Kazimirski. "Their overall focus continues to be about the need to help more people resolve their legal problems in family law, criminal cases and immigration matters. The current lack of funding is the barrier."

A provincial tax on legal fees continues to generate more than $140 million each year (since taking effect in the early 1990s), yet less than half of that sum is put into BC's annual budget for legal aid. Meanwhile, BC spends far less per capita on legal aid than the national average.

Many people do not receive legal assistance, regardless of how badly they need it, because legal aid has become harder for citizens to obtain. Fewer services are covered as there is less money in the system than there was in 2002, when significant cuts took hold. Some citizens are forced to fend for themselves, simply because they cannot afford a lawyer. The lack of representation causes a serious slow-down effect on the administration of justice, causing matters to take longer and cost taxpayers more.

Last March, the final report from a province-wide Public Commission on Legal Aid was released. Its commissioner, Leonard Doust QC, indicated that BC is seriously lagging behind other jurisdictions. He concluded: "We can no longer avoid the fact that we are failing the most disadvantaged members of our community."