BarTalk April 2001
Volume 13, Number 2

Provincial government commits $6.8 million to legal aid

“We will continue to press the government and the Legal Services Society for a better level of compensation for services the lawyers of BC provide to LSS clients.”

In response to massive lobbying efforts by the Canadian Bar Association BC Branch, the Legal Services Society and other partners in the justice system, the Attorney General has confirmed that the current budget for Legal Services Society will be increased by $6.8 million in fiscal year 2001/2002.

The LSS budget has been frozen for six years. During that time, the demand for services has increased every year, directly related to government policies and decisions which have increased costs and have not been adequately funded in the operating budget of LSS.

“We are very pleased that the Government of British Columbia has responded to our efforts to ensure a funding level which – at a bare minimum – responds to increased demands on the LSS budget,” said Margaret Ostrowski, QC, President of the CBABC.

President Ostrowski was pleased that the Attorney General acknowledged that the case for increased funding was successful as a direct result of the efforts of the CBABC. Ms. Ostrowski recognized in particular the efforts of the CBABC’s MLA Network and Legal Aid Committee.

With this commitment, the CBABC expects that LSS will announce the continuation of out of custody duty counsel and arraignment court services after March 31, 2001.

“We are pleased by this announcement as a first step. However, it does not appear that there is any new money for addressing the inadequacies of the current tariff, nor any acknowledgment that the existing $7 million LSS “debt” should be extinguished,” said Richard Browning, Chair of the CBABC Legal Aid Committee. “Further, this commitment still leaves a $400,000 shortfall in the LSS projected operating budget for the coming year.”

“We will continue to press the government and the Legal Services Society for a better level of compensation for services the lawyers of BC provide to LSS clients. A first priority is the elimination of the 10 per cent “holdbacks” on tariff bills, and parity in the reimbursement of out-of-pocket expenses for Crown, staff lawyers and private bar lawyers involved in legal aid cases.”

The LSS Board meeting on March 21, 2001 addressed the question of the $400,000 shortfall in the operating budget for next year.

The CBABC intends to continue to press all parties in the upcoming provincial election, and the federal government, to ensure that the funding level provided to LSS reflects not only the increased demand covered by the $6.8 million for 2001/2002, but also the additional funds needed to ensure adequate funding for BC’s legal aid system.

This article was published in the April 2001 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.