BarTalk February 2002
Volume 14, Number 1

Access to justice is ours to protect

Our justice system is not simply a budget item, to be altered at the whim of those in power – it is the creation of all Citizens, and all are entitled to its benefits. It exists, in part, to ensure that the power of those who govern is kept in check. The justice system is our protection against larger powers, and the most powerful in our province just weakened it – deliberately, with forethought, and without consultation.

Every government faces tough choices. With a growing deficit, failing resource economies, and a political decision to cut tax revenue early, the BC Liberals faced some particularly tough ones this year. What they chose to do is one thing; how they decided it is another.

How did they decide to close courthouses in 24 communities, many already struggling with economic and social stress? How did they decide to gut family law legal aid, target poverty law as dispensable, and eliminate Crown Victim Services? How did they decide there was no need for Family Advocates to protect the interests of children in tough custody battles?

Did they consult with those who work on the justice system’s frontlines – the lawyers and judges of BC? No. The community advocates who work every day to get people legal help, and to get them to court? No. Did they consult with mayors, police chiefs, or community leaders? No. Did they consult with you?

The CBABC has been relentless – writing to the Premier, meeting with the Attorney General and MLAs, and talking to media throughout BC – in an urgent campaign to convey the critical need to involve more than the bureaucrats in decisions about access to justice.

The people affected aren’t just the poorest among us. The reality of BC today is that many of those who were once able to get by on their own, and afford a reasonable quality of life – and legal help if the need arose – have seen a constant, frightening erosion of their economic and political power. The government has just compounded that loss.

From coastal fishing communities, to northern mining communities, to interior communities that once thrived on forestry, people are struggling to adapt to the realities of living in today’s economy. This is the time for government to take steps to ensure fairness and balance in our province, not a time to pull out.

What is the “core business” of government? We invented governments, and taxes, because we believe we can do better acting collectively than we can as individuals. The “core business” of government is to use our pooled resources to ensure that our society works well not just for some, but for all.

There are times when a quick decision – any decision – is better than no decision at all. This is not one of those times. When the justice system is at stake, decisions should not be made by the few, the uninformed or the ideological. If it is a time for change, then let it be directed by the people in the best position to protect the interests of those the justice system was created to serve – not by those whose interests lie elsewhere.

This article was published in the February 2002 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.