Access to Justice

From timestranscript.com:

New Brunswick Justice Minister T.J. Burke should revisit a news release he issued in September 2007 which states, “We are doing a disservice to some of society’s most vulnerable with the way legal aid is currently delivered and funded.”

Those words were true then, and they are worth recalling now in light of the decision to reduce Legal Aid funding contained in the recent provincial budget.

Protection of the public interest in the administration of justice is a core mandate of the Law Society of New Brunswick. Our voice ensures that threats to the viability of the justice system are challenged. Cuts to Legal Aid, warrant such a challenge. They are a threat to justice. These cuts should be reversed.

Our democracy is bound by a common commitment of our citizens to a set of values set out in the various laws that govern us. This commitment is only as strong as the faith we have in the justice system that oversees fair administration of, and equal access to, the laws that our governments create.

When justice becomes unfair because it is unaffordable, unwieldy and unattainable, we believe that is unacceptable. Yet, that is exactly what these latest cuts do.

Legal aid was created to help the most vulnerable in our society. Prior to the recent cuts, it was acknowledged to be one of the most under-funded in the country. However, it gets worse if you read the fine print.

While the minister is cutting Legal Aid funding, he is also hiring a significant number of Crown Prosecutors to enhance prosecutions. The result is a greater capacity to prosecute while reducing the ability of those charged to defend themselves.

These aid cuts also impact services required in family law matters. Often it is the welfare of children most directly at stake. Resolving family law matters is critical. Children will suffer.

Government has also decided to eliminate the court social workers and mediators. This service was often the only opportunity for parties to work with trained professionals committed to helping families resolve disputes, avoiding the need to end up in court. With these services no longer available, cases in court will take longer to be resolved. Families in distress get less help.

Government has eliminated Small Claims Court where senior lawyers heard and decided cases for claims of less than $6,000. This relatively informal court was created 10 years ago in response to significant delays in the Court of Queens Bench. With the elimination of Small Claims Court, those cases will go to Court of Queen’s Bench. Government acknowledges that this will result in additional delays in the Court system. In 2008, there were approximately 2,000 small claims matters filed. These cases will now have to find resolution within a higher court.

It is well known that justice delayed is justice denied. These changes will delay justice and erode public confidence in our justice system.

We recognize that governing is about making choices — tough choices. However, when the outcome of those choices is obvious and regrettable, the government should reverse those choices and ensure that the fundamental structures of our democratic society are supported and not undercut.

n Thomas Christie, Q.C. is the President of the Law Society of New Brunswick.