Why Legal Aid Matters

by Miriam Maisonville

Do you remember the first time you went into a courthouse? The first time you appeared as counsel? Or the nervousness felt as counsel for the first time? Now try to imagine the same thing without legal education. For many, they are not only nervous, they are terrified. Imagine you are instead a litigant – you are there to have your matter brought before the judge. You are hoping for a fair resolution of your matter, custody of your children or, worse, you have been charged with an offence and are appearing in Criminal Court charged with breaching your conditions of bail. Will you be able to get legal advice?

For many of us, the issues surrounding the Legal Services Society are not at the fore. But they should be – they matter. People seeking legal aid are amongst the most vulnerable in our society: women, children and seniors. It matters because we need to know, as a society, that all people get proper legal representation, be it in family matters, financial matters such as bankruptcies, or criminal matters, particularly where a loss of liberty may occur. The mother seeking child support, the father seeking access to his children, and representation on a criminal matter – all are entitled to seek justice. We need to know as a society that a person had a fair hearing or appeal. We need to be certain rights are respected and if a person is jailed, we need to know that it was after a fair hearing on all the evidence.

This sense of the importance of legal aid is shared by all British Columbians. In a poll conducted by Ipsos Reid in March of 2008 the following was posed:

Government should give funding for legal aid the same priority as they give to funding for other social services such as health care, education, welfare, and child protection.

Fully 78 per cent of those polled agreed, including 40 per cent who agreed strongly. Access to legal representation matters.

Many lawyers provide assistance through the framework of our Legal Services Society to ensure that access to justice is obtained. The British Columbia Legal Services Society mission statement holds:

Our mission is to provide innovative and collaborative legal aid services that enable people with low incomes to effectively address their issues within the justice system.

Now, more than ever, it is critical to ensure ongoing support for the Society to ensure those most requiring it have their help. The funding sources of the Law Foundation (due to falling interest rates) and from the Notaries (due to fewer transactions) are down but the demand has not similarly declined, and in these troubled times, is likely only to further increase. The CBABC applauds the Legal Services Society’s efforts to stretch its dollars to the maximum, to try to service all, but, as we all know, this has not been possible without a reduction in service, notably even to those who may be facing jail. For example, funding will cease for category one offences such as failure to appear in court when required to do so. Typically, being found guilty in such a case will attract a jail sentence. In the past, facing jail terms meant legal aid coverage. No longer. The CBABC calls on the government to strengthen the justice system and reduce financial barriers to accessing justice by providing legal aid funding that matches the increased demand and reduced revenue sources of the Legal Services Society. This way no one – the poor or working poor – will fail to receive needed legal representation. If the axiom is correct that, as a society, we are judged on how we treat the most disadvantaged, then a properly funded legal aid system shows our commitment to ensuring justice to all.

This article was published in the April 2009 issue of BarTalk. © 2009 The Canadian Bar Association. All rights reserved.