OTTAWA - The Canadian Bar Association is reaffirming its ongoing commitment to a constitutional right to civil legal aid and access to justice, following the B.C. Supreme Court's ruling against the Association's legal aid case yesterday.
“There’s no question we’re disappointed with the outcome,” says Susan McGrath, of Iroquois Falls, Ont., past president of the CBA. “But that, coupled with our profound frustration about government indifference to the plight of litigants who cannot afford legal representation in B.C. following dramatic cuts to most legal aid in that province, does not deter our continuing commitment to ensuring poor people’s access to justice.”
The CBA launched a test case in June 2005 that focused on a broader right to equal access to justice for poor people, rather than the current narrow emphasis on the right to a fair hearing or an injustice in one individual’s case.
“We believe that the lack of civil legal aid across Canada, highlighted by the situation in B.C., is a systemic problem that requires a systemic response,” said Susan McGrath. “The CBA is well-placed to make that argument.”
The CBA argued that it is unreasonable to insist that poor individuals - denied legal aid in cases where they are unjustly evicted or when they are threatened about the custody of their children - be required to start their own individual constitutional challenge. The CBA has a mandate to pursue access to justice and accepts the responsibility to improve the system.
After years of lobbying provincial, territorial, and federal governments to increase funding for legal aid, the CBA decided to move the issue to the courts to ensure the constitutional rights of low-income people.
“At this point, we are analyzing the decision and looking at our options,” says Susan McGrath.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
