20 ~— Sunday, September 25, 1994 ~

Narth Shore News

Changes to legal aid
system are coming

4 HELP’S
4 AT HAND

HELPS AT Hand, by North Shore
Community Services (NSCS), is a
forum for discussing government
policies and programs, benefits,
consumer and legal rights, taxation
and public services, Answers ure
intended only as a general guide
and should not be applied to indi-
vidual cases without further consul-
tation,

QUESTION: I recently reud in
the paper that 8.C.'s legal sid
system is muving towards a
Public Defender System, similar
to that in the United States, It is
my understanding that British
Columbians have a
Constitutional right to retain
counsei, including a right to he
represented by a lawyer of their
choice. Does the proposed system
change these rights?

Answer: There are plans to
restructure the service delivery of
legal aid but the proposed changes
do ensure choice of counsel. In the
Current system approximately 90%
of tariff cases are referred to the
private bar, These are the kind of
cases that qualify for representation
by a private lawyer which include
Human Rights, Immigration,
Family, and Criminal Law cases.
The other 10% are handled by staff
lawyers or lawyers from indepen-
dently opzrated Community Law
Offices. In addition, staff lawyers
handle a large number of Poverty
Law cases.

Private consultants, accountants,
and Legal Services Society staff
have analysed the effectiveness of
this method of delivery in consider-
able detail, Results have shown a
dramatic increase in the demand for
tariff lawyers and a consequent
increase in the cost of the current
model. Legal Services Society has
a statutory duty to provide services
under the legal aid tariff, but its
budget is controlled by the provin-
cial government. As part of its pro-

gram of fiscal restraint, the eovern-
ment has put a ceiling on the
amount of money it vill pay Legal
Services Society, At the same time,
community groups throughout the
province have been telling Legal
Services that legal aid services
must he made more accessible ind
wide ranging.

The proposed system developed
in response to these concerns. IH
would preserve the current mixed
model system but would develop a
heavier staff-lawyer component,
Consequently, 50% of tariff cases
would be referred to the private bar
instead of the current 90%. The
other 50% would be handled by
staff lawyers, hired by the Legal
Services Society. Therefore, eligi-
ble applicants will still have the
opportunity to ask for a specific
lawyer to handle their cases. In
some cases this may be a staff
lawyer and in others a private prac-
titioner. Legal Services argues that
this would provide a tore balanced
and flexible system which would,
in the long run, better serve the
community as a whole.

Legal Services Society imple-
mented pilot projects in Burnaby,
New Westminster, Abbotsford, and
Port Coquitlam to assess cost-effec-
tiveness and whether the clients‘
necds would be effectively met
through the proposed model.
Current results are positive as far as
services are concerned. it appears
that they will also be cost effective
once they are fully operational.

Hopefully you now understand
that the proposed system will still
give individuals the right and
opportunity to choose who they
wish to represent them. If you want
more information about the restruc-
turing of legal services in British
Columbia you could try the Legal
Services Society (660-4600), the
B.C. Association of Community
Law Offices (660-3941), or your
local Community Law Office.

This column is prepared with
financial assistance from the
Notary Foundation. For more
information call NSCS at 985-7138,

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