David Eby has forgotten the NDP government, of which he is a part of, has had plenty of opportunity to make changes to legal services long before now
On Thursday, Attorney
General David Eby dropped by Kamloops to let us know that the provincial
government was, in his words ... delivering on its commitment to enhance
access to justice for British Columbians ... and that they were providing ...
a $250,000 grant to establish a new legal clinic at the Kamloops and
District Elizabeth Fry Society.
Of course, he couldn’t, and wouldn’t, miss
the opportunity to blame the previous Liberal government for all of the woes in
the those in financial hardship from accessing assistance in legal matters.
“Cuts to legal aid by the previous
government meant that often times residents of the Kamloops area had to seek
legal assistance and advice over the phone with lawyers in Vancouver, if they
could find help at all,” said Eby.
According to the government media release, the
grant (my bold italics), which was awarded through
the Law Foundation of BC, is part of a $2-million commitment by government that
will support eight advocacy clinics in the province to hire experienced lawyers
and staff who can offer legal advice to their clients and act as legal counsel
in proceedings. The foundation will provide coaching, tools and support to
enhance the services provided by the society, all at no cost to their clients.
Here's the thing --- once again this is a GRANT
to establish the legal clinic in Kamloops, as well as 7 others they are
/ have set up.
What will happen in a year from now – in two years – or whenever the grant runs out?
They’ll have to go, cap in hand, to ask for
something that should instead be funded on an ongoing basis; they should not
have to wonder where the money is going to come from, so that they are able to continue
providing this much needed service.
Once again, I feel it necessary to remind
people that a seven percent sales tax, was added to legal fees, for the express
purpose of funding legal aid. Just to confirm that statement, here is what the
BC Chamber of Commerce itself stated back in 2017.
“In 1992, with the claim that the funds would be
utilized to fund legal aid, Finance Minister Glen Clark of the NDP
introduced a retail sales tax, now levied pursuant to sections 126 to 127 of
the Provincial Sales Tax Act of B.C. (formerly, the Social Service Tax of B.C.), both as amended from time to time
(“PST”) at the rate of 7% of the purchase price of any legal services provided
in BC or to a BC resident. With the sole exception of legal aid, PST applies to
all legal services provided to individuals and businesses.”
What else did the BC Chamber have to say?
“Only ½ for Legal
Aid.
While it was implied that the tax was to fund the laudable goal of access to
justice for the impoverished, of the approximately $12 million a month that the
Provincial Government collects from the 7% PST on legal services, only
“slightly more than half” is actually spent on legal aid.[4] In 2009, of the $144.8 million collected of PST
on legal services, only $80 million was actually allocated to legal aid for
disadvantaged British Columbians”.
BC Attorney General David Eby is right when
he says, “Navigating the justice system can be a costly and stressful
experience, particularly for the most vulnerable residents of our province”.
He is only marginally correct however in the
statement he also made ... “This funding sends a clear message that our
government is helping ensure that all British Columbians are able to access the
legal assistance they require whenever they need it.”
If indeed they are willing to help ensure
that ‘all British Columbians are able to access the legal assistance they
require whenever they need it’ , then they need to make this a long-term
commitment.
The tax on legal services, as originally intended,
must fully provide for legal services to those unable to afford it!
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