From the Vancouver Sun:

The B.C. Court of Appeal has backed B.C. Supreme Court Chief Justice Don Brenner’s decision to kill the Canadian Bar Association’s landmark attempt to force governments to provide adequate civil legal aid to poor people.

In a majority ruling Monday, the court agreed with the province’s senior trial court judge and said he was also quite right to assess costs against the CBA. […]

“Although the action is intended to assist low-income members of the pubic and its spirit is commendable, I do not consider that the altruistic nature of the action should be afforded much weight until at least the [bar association] has established it can meet the minimal test of disclosing a reasonable claim,” [Court of Appeal] Justice Mary Saunders wrote. […] “Access to legal services is fundamentally important in any free and democratic society. In some cases, it has been found essential to due process and a fair trial. But a review of the constitutional text, the jurisprudence and the history of the concept does not support the respondent’s contention that there is a broad general right to legal counsel as an aspect of, or precondition to, the rule of law.” […]

For almost two decades, legal aid across Canada has been a growing concern because of government cutbacks.

Provinces have curtailed legal aid services, narrowing the types of cases they cover, raising the eligibility criteria, making it harder to qualify.

From the Vancouver Sun:

The B.C. Court of Appeal has backed B.C. Supreme Court Chief Justice Don Brenner’s decision to kill the Canadian Bar Association’s landmark attempt to force governments to provide adequate civil legal aid to poor people.

In a majority ruling Monday, the court agreed with the province’s senior trial court judge and said he was also quite right to assess costs against the CBA. […]

“Although the action is intended to assist low-income members of the pubic and its spirit is commendable, I do not consider that the altruistic nature of the action should be afforded much weight until at least the [bar association] has established it can meet the minimal test of disclosing a reasonable claim,” [Court of Appeal] Justice Mary Saunders wrote. […] “Access to legal services is fundamentally important in any free and democratic society. In some cases, it has been found essential to due process and a fair trial. But a review of the constitutional text, the jurisprudence and the history of the concept does not support the respondent’s contention that there is a broad general right to legal counsel as an aspect of, or precondition to, the rule of law.” […]

For almost two decades, legal aid across Canada has been a growing concern because of government cutbacks.

Provinces have curtailed legal aid services, narrowing the types of cases they cover, raising the eligibility criteria, making it harder to qualify.