June 21, 2010

The future of legal aid

The following is a condensed version of a speech to the benchers of the Law Society of BC on April 23, 2010 by the chair of the Legal Services Society Board of Directors, Mayland McKimm, QC.

Today, the Legal Services Society (LSS) provides services through its toll-free call centre, and at more than 50 legal aid offices and courthouse locations across BC. At each of these locations, you can get legal information and referrals to other social service agencies, and apply for legal aid.

In 2009, LSS had expenditures of $82 million dollars, of which 68 per cent ($56 million), went to lawyers. In 2001, LSS had expenditures of $89 million, of which only 58 percent ($52 million), went to lawyers. Many people urge the government to restore funding to the level it was at in 2001. When you factor in inflation and population growth, we would need an additional $47 million to match 2001 funding. In today’s economy, I doubt very much there is an additional $47 million to be found in the government’s accounts.

This doesn't mean I am content with the current state of funding. Let me make it clear — and I have made this clear to the government as well — the Legal Services Society does not have adequate funding to deliver the services we, the board of directors, believe are necessary to serve our clients.

As a result of its recent restructuring, the Legal Services Society now has about $1.5 million that can be devoted to services. With this money, we have reinstated some family law services that were previously cut, and we will be introducing expanded family and criminal duty counsel programs. (For more information, see More legal aid for low-income people in BC.)

In any legal dispute, the ideal outcome is a speedy resolution that stands the test of time so the parties can get on with their lives. Legal aid clients are no different, but achieving the ideal outcome for them often involves helping them address non-legal issues such as homelessness, poverty, or addiction that have an impact on their legal problems.

This is best accomplished when legal aid and multiple government ministries integrate their services and make them available early in the legal process or, better still, before the legal process is even needed.

Examples of how this might work include lawyers providing advice outside court at native friendship centres, women’s agencies, welfare offices, or hospitals.

Imagine what could be achieved if legal aid worked in concert with all the various social service providers to address all facets of a person’s problems — including legal problems — at an early stage before those problems fester and become even more costly. We would have a much greater chance of achieving the ideal outcome I just described — a speedy resolution that stands the test of time so the parties can get on with their lives.