It was announced on Feb. 15 that the province, Legal Aid BC and the Centre for Family Equity (CFE) collaborated to make changes that will “increase access to fast and free legal assistance.” The changes were said to resolve a longstanding constitutional challenge to the family law legal aid system by the CFE, which was formerly known as the Single Mothers’ Alliance.
“As a lawyer, I saw firsthand the life-changing impact that getting the right legal support at the right time can have on people’s lives, especially people fleeing violence and their children,” said B.C.’s Attorney General Niki Sharma. “It can mean increased safety, better protections for children and better financial outcomes for those involved.”
The CFE brought the case to the B.C. Supreme Court in 2017 to secure more responsive legal supports for single mothers experiencing family violence, as they were unable to access adequate legal aid services to protect themselves and their children. It was argued that this violates their rights to life and security of the person.
"CFE was represented by West Coast LEAF, an organization that makes legal services more accessible to those marginalized and disadvantaged, and pro bono private counsel, including Monique Pongracic-Speier of Ethos Law Group LLP."
“Two decades ago, the provincial government significantly cut family law legal aid services. Following these cuts, many single moms could not get the help they needed in incredibly difficult circumstances involving family violence,” said Raji Mangat, West Coast LEAF executive director, in a statement. “This expansion will provide a historic level of access to legal aid for people who often struggled to navigate the family law system on their own.”
The clinic is expected to open by the end of the year. The new model was said to be multidisciplinary and trauma-informed, offering both in-person and virtual services where clients will be able to “meaningfully stabilize their legal situation.”
In the meantime, those who would be eligible for services once the new clinic is operational can access 25 additional hours of legal aid services. Legal Aid BC will involve community engagement and other organizations’ expertise to develop and implement clinic operations.
The new eligibility changes are as follows:
- From April 1, the income threshold for eligibility will be aligned with Legal Aid BC’s 2022 eligibility thresholds or the most recent Market Basket Measure published by Statistics Canada, whichever is higher.
- The amount will be aligned with the most recent Market Basket Measure plus two per cent on April 1 of each year in 2025 and 2026.
- For family violence applicants, assets will be excluded if the applicant is seeking family law legal aid within six months of leaving their abusive partner.
- For family violence applicants who do not fit within the asset exclusion, certain accounts will be excluded from the calculation, such as accounts with a combined value of $30,000 or less established for retirement, children’s education and supporting an applicant’s or their dependents’ disability.
“Women who cannot afford costly legal representation should never be left at risk when facing intimate partner violence,” said Viveca Ellis, CFE executive director. “This significant expansion and innovation in legal aid services is a step towards protecting the rights of these vulnerable individuals to safety and security at a time of grave risk.”
In general, to be eligible, applicants must be financially eligible for Legal Aid BC’s family law standard representation services and be experiencing family violence and one or more family law issues covered by Legal Aid BC’s standard representation services.
The government is providing additional funding for Legal Aid BC to expand financial eligibility and improve intake capacity, ensuring more people have timely access to family legal aid services, including through the new clinic.
Michael Bryant, Legal Aid BC chief executive officer, said that the clinic will help a lot of people in distress, as it is the largest expansion of family law legal aid in a generation.
“Family law litigation has been weaponized by the powerful and the privileged to abuse women further through an avalanche of legal procedures, burying them in paper, exhausting their legal aid budget,” he said. “Now those low-income folks will get a platoon of Legal Aid family lawyers who can stand up to the powerful.”
These changes were said to be part of Legal Aid BC’s, CFE’s and the government's shared commitment to “reduce family poverty, increase access to legal services and build an equitable B.C.”
If you have information, story ideas or news tips for Law360 Canada on business-related law and litigation, including class actions, please contact Anosha Khan at anosha.khan@lexisnexis.ca or 905-415-5838.