'The cuts were cruel and had tragic consequences for many poor British Columbians.' - George Heyman
Victoria (27 June 2006) - Deep cuts to legal aid programs by Premier Gordon Campbell's Liberal government are being challenged in court by the Canadian Bar Association, representing lawyers across Canada.
The case is seen as a test that could establish legal aid as a fundamental constitutional right for all Canadians.
The case has been filed by the 34,000-member association in the B.C. Supreme Court. Cuts imposed by Campbell have eliminated a host of critical legal aid programs since 2002. Dates to hear arguments in the case are currently being set.
Susan McGrath, the bar association president, says the Charter challenge has been launched “out of a sense of profound frustration. The cuts have seriously limited access to justice for the poor in this province," she says.
Strong BCGEU support
The British Columbia Government and Service Employees' Union (BCGEU/NUPGE) has welcomed the case and hopes it will result in restoration of legal aid funding in the province, and help to strengthen the right to legal aid services across the country.
BCGEU represents support and paralegal staff at the Legal Services Society of B.C., the independent agency that provides legal aid to British Columbians who can’t afford a lawyer.
“The cuts were cruel and had tragic consequences for many poor British Columbians, which is why our union mounted a long, hard fought public campaign to stop the government from eliminating vital programs,” says BCGEU President George Heyman.
“We’re very supportive of the CBA’s efforts and we’re hopeful that the law suit combined with the power of public opinion will force the B.C. Liberals to fully restore funding for these important services.”
As part of the deeply ideological program of cuts, closures and privatization implemented by the Campbell Liberals in their first term, the CBA says the provincial legal aid budget was “eviscerated.”
Funding was cut by 40% from $90 million to $55 million. Widespread staff layoffs affected many BCGEU members.
“Without legal aid, access to justice is meaningless, as many people cannot take advantage of their legal rights,” McGrath says.
As a result of the cuts, “every single day in British Columbia the rights of people who cannot afford legal services fall by the wayside. They cannot access the justice system. Often their shelter, health safety, sustenance and livelihood are at stake.” NUPGE
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