Standing Committee adopted CBABC’s recommendations
By Dean Crawford
Last September, on behalf of the CBABC, I made a presentation to the Select Standing Committee on Finance and Government Services as part of its annual budget consultations. (Click here for the full presentation.)
In our submission, the CBABC called for incremental increases in legal aid funding as well as a government commitment to long-term, stable funding of the Court Services Branch of the Ministry of Justice.
There are several sound reasons for these recommendations. I am sure many of you can relate to them in your own practices. How many family lawyers have been involved with matters where the other party was an unrepresented litigant ineligible for legal aid? I would venture that most family lawyers in the province have been involved in matters that may not have gone to trial had legal aid been available to the lay litigant, or in trials that were twice as long as necessary because of the unavailability of a legal aid lawyer.
In respect of the Court Services Branch, Chief Justice Bauman of the Court of Appeal, while he was the Chief Justice of the Supreme Court, noted that the Supreme Court has had courtrooms that cannot proceed because no clerk is available. Also, fewer registry staff are available and there has been a shortage of sheriffs to provide security. This leads to delays for all litigants in a timely resolution of disputes, whether your client is an individual or a corporation waiting for court time.
In mid-November, the Standing Committee issued its report. We were delighted that the Committee adopted the CBABC’s submission and recommended that the provincial government:
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Commit to long-term and stable funding of the Court Services Branch.
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Incrementally increase legal aid funding. An important step, to be sure, but not the end of the process. As I write this article, the Executive Branch of government is putting the finishing touches on the 2014-2015 budget, which will be introduced on February 18, 2014. At the CBABC, we have been in discussions with both the Ministry of Finance and the Ministry of Justice about the budget to try to secure commitments on adequate funding of the justice system. We will all learn on February 18 what the government has decided.
I highlight these activities because, first, it is important that you, our members, are aware that the CBABC is working hard on your behalf to ensure proper funding of the justice system. Second, this is a good example of the advocacy work that the CBABC does on behalf of the profession throughout the year.
Space does not permit me to review in detail all of the CBABC’s advocacy initiatives, but I will mention a few.
The Branch continues to engage with government to initiate several pieces of law reform, as articulated in the Agenda for Justice that we published in advance of last year’s provincial election.
Our Legislation and Law Reform Committee reviews legislation already proposed by the provincial government and provides substantive comment.
Through our Court Services Committee, we are reviewing the allocation of judicial resources at the Supreme Court level in rural and remote communities to assess the effect this may be having on access to justice.
If you are interested in learning more about the Branch’s advocacy initiatives, I encourage you to visit our website at cbabc.org or to contact me directly. We are a member-driven organization and your feedback and suggestions for advocacy initiatives is always appreciated.