Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

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. 
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.

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.


It can’t … it won’t … it’s a waste of time.

In Kamloops, I’m Alan Forseth, and I hope you’ll join the discussion on this, or any other topic presented here.  Do you agree … disagree?  Post your thoughts in the Comment Section directly below.

Comments

Popular posts from this blog

FORSETH -- Given the noted infractions of this agreement with OneBC leader Dallas Brodie, I request the Party immediate suspend the leadership campaign of Yuri Fulmer

I have personally emailed the following to the Board and Administration of the Conservative Party of BC:   TODAY (03/30) Yuri Fulmer, a candidate for the leadership of the Conservative Party of BC, made a pact with ONEBC leader Dallas Broldie, that if he is elected will commit the Conservative Party to the following. Specifically, the pact states : This Memorandum of Understanding outlines the definitive electoral and governing alliance that will be executed upon Yuri Fulmer’s election as Leader of the Conservative Party of British Columbia OneBC Party commits to not nominating or authorizing candidates in 88 of British Columbia’s 93 electoral districts. In exchange, the Conservative Party of BC, under the leadership of Yuri Fulmer, commits to not nominating or authorizing candidates in five (5) specific electoral districts . OneBC will be the sole standard-bearer for the right in those five districts. The specific ridings will be determined through mutual negotiation and fin...

Delays to the replacement of the Red Bridge? Kamloops North Thompson MLA Ward Stamer says they are, “Totally Unacceptable.”

I think it’s totally unacceptable that on one hand the Ministry of Transportation and Transit (MoTT) is saying they’re going to be responsible for putting together multiple replacement options with public engagement, and then in the same breath they're saying, ‘Oh, and by the way, we're going to start our geotechnical environmental and archaeological site assessments on both sides of the river, possibly beginning this summer.’ According to Stamer, that should already have been done. “Obviously, we're pretty sure it will be in the same location because there's really no other place to put it. So, if you're going to put in a bridge, you think that at least you'd be doing the archaeological assessments first off”, stated Stamer.   “If it's determined it has to be a free-span bridge, and it can't have anything or very minimal impact in the riverbed, they should already be determining that. It would help in the design, wouldn't it?” Stamer indicated...

Your government has a gambling problem (Troy Media)

Provinces call it “revenue,” but it looks a lot like exploitation of the marginalized The odds of winning Lotto Max are about 1 in 33 million. You’re statistically more likely to be struck by lightning than to win it. But your government is betting that statistics won’t hold you back; they’re counting on it. Across Canada, provincial governments not only regulate gambling, they also maintain a monopoly on lottery and gaming by owning and operating the entire legal market. That means every scratch card is government-issued, gambling odds are government-set, casino ads are government-funded and lottery billboards are government-paid. And these are not incidental government activities. They generate significant revenues that governments have powerful incentives to expand, not constrain. It would be one thing for our governments to encourage us to engage in healthy activities. We can quibble about whether the government should be trying to convince us to be more active or eat more vegetabl...

Labels

Show more