An update on the Public Forum Process.

By James M. Bond

Michael Caine once said, “Be like a duck. Calm on the surface, but always paddling like the dickens underneath.” For the last couple of months, the Branch senior staff and members of the Executive Committee have had a great deal in common with Mr. Caine’s duck. Since I announced the plans of the Branch to work with other justice system stakeholders on a series of Public Forums across the province on the future of Legal Aid, we have all been focused on moving the concept forward. We have had a series of discussions with our own Legal Aid Committee, with possible funding partners for the process, with other justice system stakeholders and with individuals within and connected to government.

I am pleased to report that the plans for the Public Forum on the Future of Legal Aid are coming together. Preliminary terms of reference have been drafted, possible candidates for Commissioner and possible staff members to work in the Secretariat supporting the Commissioner have been identified, we have drafted a preliminary budget and have initiated consultations with organizations that we hope to be our funding partners. On the topic of funding, I am also pleased to report that Provincial Council voted unanimously at its March 6th meeting to cover 1/4 of the anticipated costs of the Public Forum process (see photo below). Could the Branch cover the entire cost itself? Possibly, but in our view a key requirement for the success of the Public Forum and the acceptance of any report which flows from it is that the process have a wide range of supporters – not just in terms of providing moral support, but also in terms of committing resources.

The initial feedback received on the plans for a Public Forum has come from many quarters and has been very positive. There seems to be a recognition among many justice system stakeholders that unless government believes that the people of British Columbia consider Legal Aid a priority, it is unlikely that the difficulties which Legal Aid programs have faced over the last two decades are going to change. This is certainly the strongly held view of the Branch – and we speak from some experience. For years, we worked diligently (but unsuccessfully) on the repeal of the social services tax on legal fees. We won the policy argument. In fact, we commissioned a well-respected economist to author a report on the adverse impact of the tax on legal fees. However, the policy argument fell on deaf ears, because there was no significant public support.

On the other hand, when we started our campaign to protect RRSPs from seizure in the event of bankruptcy, we partnered with local chambers of commerce, with other professional organizations and with small businesses to raise the matter with government. We were successful in that campaign because we had the policy argument – and because we convinced the government that there was public support for the initiative.

We already know we have the policy arguments in support of a properly-resourced Legal Aid system. What we need to do is convince the public that Legal Aid should be supported.

If all goes according to plan, we will be holding Public Forum hearings in 10 communities across the province in the early fall. We have a lot of work to do before then. We would appreciate your support.

Photo: Provincial Council members voted unanimously to support the Public Forums on the future of Legal Aid with monies from the reserve at the March 6, 2010 meeting.

This article was published in the April 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.