As we continue to contribute to a fair, modern, and accessible justice system for all British Columbians, CBABC is celebrating a number of advocacy wins in recent months that reflect the range of policy positions developed by our members.

INDIGENOUS JURISDICTION OVER CHILD WELFARE

CBABC welcomes historic legislation, the Indigenous Self-Government in Child and Family Services Amendment Act, passed by the provincial government in November 2022. The Act amends the Adoption Act and the Child, Family and Community Service Act to respect and uphold the inherent rights of Indigenous communities so that they may provide their own child and family services.

These amendments — the largest in 25 years — reflect CBABC’s recommendations to overhaul the child protection system and address the overrepresentation of Indigenous children.

DATA COLLECTION & DISCLOSURE

The Ministry of Attorney General responded to CBABC’s submission encouraging the development and use of court user surveys. The Ministry shares our interest in modernizing the court system and increasing access to justice through user-centred design principles and methodologies.

We look forward to continuing to engage and further advocate with the Ministry and the courts for changes that incorporate court users’ perspectives.   

SINGLE MOTHERS’ ALLIANCE V. BC

On December 15, the Supreme Court of BC granted Single Mothers’ Alliance public interest standing in their constitutional challenge to BC’s family law legal aid system, in which they are suing the Province and Legal Aid BC for not providing adequate family law legal aid. The CBA appeared as an intervenor in Single Mothers’ Alliance v. BC in this hearing and argued that SMA met the test for public interest standing.

CBABC has long advocated for increased access to justice for families and improvement of the family law legal aid system. The decision to allow this case to proceed significantly enhances the ability of public interest organizations to bring forward legal cases on behalf of marginalized communities. We are grateful to JFK Law LLP and, in particular, Tim Dickson for providing pro bono counsel to the CBA in this case.

JUDICIAL COMPENSATION COMMISSION

Three years into a digital transformation expedited by the COVID-19 pandemic, the Provincial Court has undergone dramatic change, as has the job of those on the Bench. However, BC’s judiciary remains among the lowest paid across Canada and candidate applications are declining. We have long advocated for provincial judicial salaries to be fair, reasonable, and competitive to attract the most exceptional and capable applicants for appointment.

In January 2023, CBABC delivered a submission to the 2022 Judicial Compensation Commission, recommending a significant increase to Provincial Court judges and judicial justices’ base salary to better reflect the increased demands they face, and align more closely with salaries of their counterparts across Canada and lawyers in private practice.