By Ian Burns for Law360 Canada
The Canadian Bar Association, B.C. Branch (CBABC) is expressing its “deep disappointment” with the recent provincial budget, saying it does not include appropriate provisions for legal aid to help the most vulnerable in the province.
The budget, which was unveiled by B.C.’s Finance Minister Katrine Conroy Feb. 22, contains nearly $90 billion in investments in the 2023-24 fiscal year, with a focus on issues such as housing, health care and the cost of living. But CBABC president Scott Morishita lamented the fact the budget offered no new funding or expansion of family law legal aid, noting British Columbia is the only province in Canada without legal aid for routine family law matters like spousal and child support or parenting arrangements.
“At a time when many British Columbians are struggling with inflation and the high cost of living, it is imperative that this government commit to meaningful investments that improve access to justice,” he said, noting the B.C. legislature’s select standing committee on finance and government services has included CBABC’s recommendation to expand family law legal aid in its reports for the past 10 years.“Despite [the recommendations], the government has failed British Columbians in this area.”
While the CBABC said the government’s recent investment of $29.1 million to improve legal aid services for survivors of intimate partner violence is an important step, the organization said it still leaves far too many people behind.
“Low-income British Columbians receive legal aid if they are accused of a crime, have an immigration claim or need a restraining order because of intimate partner violence,” said Morishita. “But not if the issue is about income support to put food on your child’s table.”
British Columbia started charging provincial sales tax (PST) on legal services in 1992 as a means of funding legal aid. The CBABC said the amount of PST paid by British Columbians on their legal fees is estimated to be $230 million each year, but only about $130 million is allocated to Legal Aid BC. In its most recent Agenda for Justice, the CBABC asked the province to establish legal aid as an essential service and make sure all PST revenue collected on legal fees is directed to legal aid.
“No other professional service charges PST,” said Morishita. “Not your mechanic. Not your hair stylist. Not even your notary.”