FOR IMMEDIATE RELEASE
FEBRUARY 9, 2005

VANCOUVER-Canadian Bar Association B.C. Branch President Michael Woodward declared a victory for low income British Columbians following the release of Madam Justice Koenigsberg’s decision in the case of Christie v. AG of B.C. et al. With the Social Services Amendment Act (No. 2), 1993 now declared as breaching the constitutional rights of low income persons by impeding access to justice, Mr. Woodward has called on the Government of B.C. to go further and remove the Social Services Tax on legal services for all British Columbians.

In the case, Vancouver lawyer Dugald Christie successfully argued that the Social Services Tax on legal services impedes and denies justice for low income persons, contrary to the Canadian Charter of Rights and Freedoms. In her decision, Justice Koenigsberg wrote, “I take judicial notice that many self-represented litigants in a wide variety of cases are denied effective access to justice when they cannot afford appropriate legal representation.” The court also noted, “…over the last 10 years the availability of legal aid has shrunk to new lows. As a result, the number of people in B.C. who require legal assistance to have access to justice and who cannot afford to pay the cost for such assistance has grown.”

Justice Koenigsberg found the Act infringes the fundamental constitutional right of access to justice of low income persons. She declared the Act ultra vires the Province of British Columbia to the extent that it applies to legal services provided for low income persons. She also ordered the government to return to Mr. Christie more than $6,000 that was seized by the government when Mr. Christie could not pay the tax.

“Today’s decision exposes the harm that comes from the government’s actions in taxing people with low incomes when they need legal services, while at the same time cutting their access to legal aid,” said Mr. Woodward. “If even one citizen is denied access to justice by the actions of his or her own government, then all citizens have less than justice.”

“Last year, the government collected more than $100 million in extra tax from those who needed legal services – including many people and businesses already paying their share of personal and corporate taxes. The government is now in a strong financial position with a potential $2 billion surplus. It’s time to get rid of this tax.”

“Legal services are an essential part of a just society, and to tax those who need those services is an unfair financial burden and barrier to accessing justice. We call on the government to eliminate this discriminatory, unfair tax for all British Columbians in light of the Christie decision.”

For the complete reasons for judgment, go to: www.cba.org/bc/pdf/news_releases/2005BCSC0122.pdf.

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About the Canadian Bar Association: The Canadian Bar Association is the professional organization responsible for representing the interests of more than 33,000 members in Canada, including 4,600 lawyers in British Columbia.

For further information: please contact:
Caroline Nevin, Associate Executive Director
Canadian Bar Association, B.C. Branch
T: 604.687.3404
cnevin@bccba.org