Filed under: Activism, LSS, News, PEA | Tags: access to justice, bc, Legal Services Society, LSS, PEA, resolution
WHEREAS BC’s legal aid system was established in the 1970’s as a result of extensive public consultation which resulted in a broad mandate for the provision of legal services to low-income people and legal information for all;
AND WHEREAS legal aid is a vital component of a democratic system of government;
AND WHEREAS legal aid is an effective tool in assisting in the social integration of marginalized and vulnerable individuals as well as people with disabilities, new immigrants to our society, first nations people, women and others who may have difficulty accessing the justice system;
AND WHEREAS the United Nations Committee on Economic, Social and Cultural Rights criticized Canada in 2006 for failing to discharge its international human rights obligations because of inadequate access to civil legal aid;
AND WHEREAS the United Nations Committee on the Elimination of Discrimination Against Women expressed specific concern in 2008 about the impact of cuts to legal aid on women in British Columbia, and urged governments to ensure that all women have access to adequate legal aid, particularly in areas of family and poverty law;
AND WHEREAS significant changes have been made to the legal aid system, specifically in 2002 and 2009, with the elimination of poverty law services in 2002 and the major reductions in family law and immigration law services that year and in 2009 and reductions in criminal law coverage in 2009 without any public consultation;
THEREFORE BE IT RESOLVED that the Provincial Government should act with all deliberate speed to hold public hearings with a view to renewing the commitment to the legal aid system in British Columbia.
Filed under: LSS, Media, News, PEA | Tags: access to justice, documentary, justice for all, Legal Services Society, PEA, professional employees association, video
Filed under: Activism, LSS, News, PEA | Tags: april 27, legal aid, LSS, renewing our commitment to legal aid, town hall forum, vancouver
We would just like to remind you of the town hall meeting tonight at 7PM in the Alice Mackay Room of the main branch of the library at 350 W Georgia. The event will open with the premiere of Justice for All?
Can’t wait to see you there!
Filed under: Activism, LSS, Media, News, PEA, Press Releases | Tags: acess to justice, event, Legal Services Society, mark forsythe, News, Press release, professional employees association, renewing our commtiment to legal, town hall forum
FOR IMMEDIATE RELEASE
Town hall forum and documentary film expose justice system flaws
Vancouver, April 23, 2009 – On Monday, the umbrella organization Access to Justice is hosting a town hall forum in response to recent cuts made to legal aid services in British Columbia.
In January of this year, the Legal Services Society announced major reductions in staffing and services effective April 30, despite increasing demand. The cuts will have a devastating impact on B.C.’s most vulnerable citizens and contribute to increased backlogs in the court system. Responses from stakeholders in the justice system spawned the creation of the Access to Justice campaign group.
Monday night’s event, Renewing Our Commitment to Legal Aid, is an open discussion between justice stakeholders and the general public, focusing on creating an ideal legal system. “We’re going to bring attention to the effects of the complete downturn in legal aid services in British Columbia over the last decade” explains Jim Russell, First Vice President of the Professional Employees Association, one of the ten organizations sponsoring the forum. “When next week’s cuts happen, those most vulnerable in our society will lose services that they rely on for many different reasons. The loss of the family clinic in Vancouver is of special concern.”
The discussion is being moderated by CBC’s Mark Forsythe. Featured speakers include Shelagh Day, Melina Buckley, Shashi Assanand, and Stephen Owen.
The event will also include the premiere of the short documentary film Justice For All? The film is a look into the consequences that the recent cuts to legal aid have had on those in need of these invaluable services. “The film tells real stories from real clients and exposes the flaws of our justice system” says Kyle Russell, the film’s producer. “The insight provided by these individuals shows the immediacy of a need to address these issues.”
The event starts at 7:00PM in the Alice Mackay room at the main branch of the Vancouver Public Library at 350 West Georgia and is open to anyone who wishes to attend. More information about the campaign and issues can be found at http://www.accesstojustice.ca
- 30 -
For more information, please contact:
Barinder Rasode
Labour Relations Officer
Professional Employees Association
604.581.6662 (office)
604.880.1588 (cell)
Filed under: Activism, LSS, Media, News, PEA | Tags: access to justice, british columbia, Legal Services Society, professional employees association, town hall forum, vancouver
Renewing our Commitment to Legal Aid: A Town Hall Forum
Click here for a high quality PDF you can download and circulate.
Filed under: Media, News | Tags: cuts, legal aid, Legal Services Society, LSS, nanaimo
| Daily News |
Cuts to legal aid funding that took effect Wednesday may lead to lengthier court hearings and result in more people going to jail, says one Nanaimo defence lawyer.
Clint Sadlemyer said the funding changes for the Legal Services Society eliminate legal aid funding for people charged with “category 1″ offences, which include breaches of bail and probation charges.
A person charged with a such a breach can now no longer get a lawyer, even if they risk going to jail if convicted.
“There’s only so much money allocated to the Legal Services Society and we’re down to a constitutional minimum as it is,” said Sadlemyer.
“Somebody’s right to freedom is in jeopardy,”
He thinks that the courts may see more of what are called “Rowbotham applications,” people seeking an order from a judge for the province to pay for their legal defence. In those cases people must show they are in jeopardy of going to jail, that they have unsuccessfully sought legal aid and that they have no funds for their own defence.
“I think it’s fair game to apply for legal aid, and when refused to apply for a stay of the charge until the state will pay,” said Sadlemyer.
Of concern to defence lawyers is that people who have a defence on such category 1 charges may instead plead guilty because they can’t get legal representation. While the president of the Law Society for B.C., Gordon Turriff, last week praised lawyers for doing extra work due to cuts to legal aid, Sadlemyer could not comment on whether there will be an increase in lawyers now representing more clients “pro bono,” or without taking a fee.
Lawyers are the only professionals in B.C. subject to collecting provincial sales tax, which is supposed to support legal aid.
Originally posted on Canada.com
A shortfall in legal aid funding in B.C. will mean many people who used to qualify for a publicly funded defence lawyer will now have to represent themselves in court.
Instead of a lawyer who presents their case in court, those affected will now get a few minutes with a duty counsel lawyer to get legal advice before appearing in court on their own.
The changes are part of wider service cuts to B.C.’s Legal Aid Services Society that came into effect April 1 because of funding shortfalls.
They will specifically affect people charged with breach of probation, breach of bail conditions or failure to appear, who could be facing sentences of up to six months in jail.
Defence lawyer David Hopkins said such cases account for 10 to 20 per cent of court appearances at the provincial courthouse in Vancouver.
“There’s going to be a large number of people who are poor who are not going to be assisted by lawyers, and they are going to be somewhat confused and unsure about what to do with themselves,” Hopkins told CBC News on Wednesday.
Right to a lawyer
Hopkins said he expects many people will be advised by the duty counsel to argue in court that under the Charter of Rights they have a right to a lawyer and to demand a stay of proceedings.
That could create a backlog of cases in the system, because if a judge agrees that the accused has a right to a lawyer, then the case will get sent back to the already cash-strapped legal aid system for review.
“That’s going to be a real drain on the system,” Hopkins said. “We can certainly expect a dramatic increase in the amount of court time that is going to be devoted to those cases.”
Hugh Stansfield, the chief judge of B.C.’s Provincial Court, refused to make predictions about the impact of the cuts on the court system but said he’s concerned people could soon be going to trial without a lawyer.
“I’m concerned anytime somebody is appearing, particularly in criminal proceedings, because they are so much more complicated often than family and civil proceedings, and because they have the jeopardy associated with them of somebody being denied their liberty,” said Stansfield.
Several factors led to cutbacks
The Legal Aid Services Society said on its website it had to cut back some services because demand for its services has been rising across the board, but its funding is not.
The society is a non-profit organization that receives the bulk of its funding from governments, but it also receives grants from other organizations.
In January, CBC News reported that about 38 staff in the Lower Mainland would be laid off because the grants for this year were lower than expected and income from the society’s own investments was forecast to fall because of nose-diving interest rates. Government funding increased only slightly, the society said.
Duty counsel are lawyers who are available for brief legal advice and consultations at courthouses, usually at no cost.
Originally posted at CBC News BC
