How can a committee of one, with narrow terms of reference dictated to it, which will not meet the people BC to hear their concerns, “ensure optimal access to justice for British Columbians” will be met?
In British Columbia, a legal aid review is about to
be undertaken by the government, at the request of Attorney General David Eby. And I have to say the ‘why’, of why it is
being undertaken does interest me. The ‘why’
according to government is to help ensure
optimal access to justice for British Columbians. Now you may remember earlier this week I did
write about issues and problems with the Legal Aid services. (“When individuals enjoy equal access to justice, the welfare of society is enriched and its core values are secured.” That costs money however, and governments of all political stripes appear more interested in providing LESS funding).
BC Attorney General David Eby |
According to a government media release Thursday
(Oct 4th), Eby has requested a review of legal aid service delivery
models, to be undertaken by practicing lawyer Jamie Maclaren. It will focus on the effectiveness and
efficiencies of legal aid service delivery in British Columbia … from the point of view of citizens who
use legal aid services … and recommendations will be delivered in a
report by December 31st.
As you may recall, my commentary on Monday stated there
is a large number of people – the working poor -- who really have NO access to
Legal Aid and who therefore DO NOT use it.
With that in mind I have to question why Jamie Maclaren will not have
the opportunity to look into that segment of BC’s population. Sadly, the reason is very clear; the review being
undertaken will ONLY be using terms of
reference laid out by the Attorney General.
That said, as a part of the review process, lawyer
Jamie Maclaren will consider public feedback, during development of his report
and recommendations. For the public to
do so however, they will have to provide written submissions no later than Nov.
23, 2018, via a dedicated email mailbox.
I have a question.
Why is this important undertaking not being referred
a Special Legislative Committee, created by the Legislative Assembly? For those unaware, they are created to
examine a single, specific issue. When I
looked into the use of Legislative Committees, I was able to see that in recent
years committees have investigated a wide variety of topics; those have
included sustainable aquaculture, the use of cosmetic pesticides, and the
provincial mid-term timber supply.
What I find to be of more interesting however is
that within their terms of reference, committees
are afforded total independence in their deliberations.
And there my friends, is the answer to my
question. Eby’s requested review is to be done using
terms of reference laid out by the Attorney General.
In reviewing the use of Legislative Committees by
the provincial government, they too are afforded the opportunity for a more
detailed examination of policy and other matters … and … the committee system
also provides members of the public with the opportunity to have direct input
into the parliamentary process by making written or electronic submissions, and by attending public hearings. Not just by a written message to some obscure
email address.
Public hearings, where members of the public can
have direct input. Now that’s a novel
idea … the public having direct input … but it’s one that rarely ever sees the
light of day.
In fact, as it is, many of the regular Legislative
Committees rarely ever meet. Currently
there are nine standing committees: Aboriginal Affairs … Children and Youth … Crown
Corporations … Education … Finance and Government Services … Health … Legislative
Initiatives …Parliamentary Reform, Ethical Conduct, Standing Orders and Private
Bills … and finally Public Accounts.
Now one would think that the Education Committee should be working overtime to ensure BC’s children have the best education programs available. Care to guess when this committee last met?
Spring Session of 2018? No.
Now one would think that the Education Committee should be working overtime to ensure BC’s children have the best education programs available. Care to guess when this committee last met?
Spring Session of 2018? No.
During 2017?
No again.
2016 … 2015 … 2014?? Nope … Nada
Surely to goodness they must have met in 2013
then? Nooooooooo!
Here’s what you find when you go online and look at
the Legislative Committee for Education … The Committee has not received a terms of reference
from the Legislative Assembly to work in the current session
In fact, the Standing Committee on Education has
NOT MET since the 39Th Parliament, which was 2011 – 2012.
That must be an anomaly, right? Surely to goodness the Legislative Committee
for Health must be meeting all the time?
The Committee did undertake public consultations in
2014-15 and 2016, culminating with the release of its report in the Spring of
2017
Children and Youth.
After all, what could be more important than our young people? Good news there as well. On February 28,
2018, the Committee released its first report, Review of the Representative for
Children and Youth Act making nine recommendations for changes to the Act. The Committee
released its second report, Annual Report 2017-18 on May 20, 2018.
So let’s ask the question, Why no Special Legislative Committee to look into Legal Aid, with
references that allow it to look into all aspects of how it is delivered … what’s
working … what’s not working … how can it be improved?
My guess is that a committee like that, which would be made up NOT JUST of NDP members, but also Liberals and Green MLA’s, might come up with recommendations the government may not wish to implement.
My guess is that a committee like that, which would be made up NOT JUST of NDP members, but also Liberals and Green MLA’s, might come up with recommendations the government may not wish to implement.
AND … in holding public hearings, the people of BC
might also demand that the 7% legal fee tax be directed in full, once again,
towards the costs of providing legal aid services.
Interesting possibilities, aren’t they?
Instead, there will be a review by one, with
references dictated by Attorney General David Eby, with NO public hearings, but
an opportunity (if the public is aware of it) to make submissions by email.
The other more democratic option?
A full Legislative Committee, made up of members
from all parties in the Legislature, that can tour the province getting input
from the people most in need of legal aid services, and from those who are
trying to deliver it from funding that for too many years has been inadequate.
Here’s
my final question. How can a committee of one, with narrow terms of reference
dictated to it, which will not be meeting with the people of BC to hear their
concerns, “ensure optimal access to
justice for British Columbians” will be met?
It can’t
… it won’t … it’s a waste of time.
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