Filed under: LSS, News | Tags: attorney general, bc, Legal Services Society, news story, phil rankin, victoria
From The Vancouver Sun:
The attorney-general’s office is being accused of costing taxpayers money and picking on the most vulnerable by fighting to keep the needy from receiving legal aid.
Vancouver lawyer Phil Rankin was in provincial court this week seeking a declaration that Victoria’s conduct is an abuse of process.
In financial straits, since April 1 the Legal Services Society has adopted a policy of not funding those charged with “category one” offences — such minor crimes inevitably run up by the indigent as breach of probation or failure to appear.
It funded 2,600 such cases in its last fiscal year, which ended March 31.
But faced with declining revenues and roughly $80 million in costs, the society this year has laid off staff, reduced some fees paid to lawyers and trimmed services.
As a result of the change on minor offences, Rankin maintains hundreds if not thousands are forced to represent themselves — gumming up the system, wasting precious court resources and costing taxpayers more in the end.
The only remedy for an accused denied legal aid is to make a so-called Rowbotham application, a request for court-ordered funding; the policy change has led to dozens of such time-consuming applications across the province.
Some lawyers have argued these cases pro bono while many accused have filed their own applications using boilerplate draft material and assistance from the Trial Lawyers Association.
But Rankin alleges the attorney-general is buying off the well-prepared and cherry-picking the weakest cases by spending a small fortune to fly government lawyers all over the province to fight the least-able applicants.
“I have been in contact with other lawyers in other parts of British Columbia … [and] based on my communications with them, I understand [the] attorney-general to be systematically opposing applications it can win, such as those brought by self-represented litigants, while conceding those that might create bad precedents,” Rankin insisted.
In this case, Olivia Edgars, 27, who was charged with four counts of breach of probation, was initially denied legal aid. Rankin appealed that decision and the Legal Services Society confirmed no funding would be provided.
This might help the society with its books, but it is a false economy for the province.
A trial for Edgars on the four counts would cost legal aid about $500 — a guilty plea and sentencing about $230; the cost of the Rowbotham application coupled with the extra court time and resources required for handling an unrepresented accused is far, far greater.
Like so many, Edgars is addicted to heroin, collects $230 a month from welfare, occasionally turns tricks to feed her habit and suffers from mental health issues.
She has at best a Grade 6 education.
Edgars is like most of the chronic offenders who get caught in the revolving door of these minor charges tied to their addictions and homelessness. She has no fixed address so there is no place to send Crown disclosures or to contact her. And, let’s be honest, she’s incapable of understanding the nature of a criminal trial and the issues at play.
Surprisingly, however, on the eve of her Rowbotham hearing (with Rankin in her corner), the attorney-general authorized funding.
“This came as surprise to me,” the lawyer said, “as the LSS had twice denied funding and because the LSS has a policy of not funding category one offences unless a person suffers from a serious mental or physical disability.”
The society says it has approved 70 cases under its disability exemption so far.
Rankin figured Edgars received funding because the government knew it was about to lose — as it would in similar, competently prepared cases — and he thinks that stinks. Few of these individuals can produce a competently prepared case or properly defend themselves.
“Making the unrepresented accused jump through these hoops is too onerous and the AG is abusing the process and litigants by paying off those who can do a proper Rowbotham application,” he said.
“Ironically, the time and preparation and defence [of Rowbotham applications] is costing the taxpayer tens of thousands of dollars to prevent [the needy] getting legal aid which would be much less expensive.”
Since Edgars ultimately received funding, the attorney-general’s lawyers urged the court to dismiss Rankin’s application for an abuse-of-process declaration and his costs — for preparing the Rowbotham application.
Judge Jeanne Watchuk will hear more Oct. 2.
