Three women香蕉视频直播檚 advocacy groups are taking the province and Legal Service Society to court, over what advocates and plaintiffs are saying is a failure to provide adequate legal aid to women fleeing violent relationships.
West Coast Leaf and the BC Public Interest Advocacy Centre announced the constitutional challenge Thursday.
The case is being brought on behalf of the Single Mothers香蕉视频直播� Alliance BC and two individual women who say their safety, well-being and relationships with their children have been threatened by the severe lack of legal aid services available to them in their family law disputes.
The case alleges that the province has a constitutional responsibility to provide access to the justice system for women fleeing violent relationships or dealing with ongoing situations of abuse from ex-spouses.
香蕉视频直播淎s it is now, the legal aid scheme discriminates against women and children and violates their rights by putting them at further risk of violence and intense stress,香蕉视频直播� the group stated.
During a press conference Thursday, Nicole Bell, a B.C. mother of two and one of the plaintiffs, shared her experience using legal aid in the province.
Plaintiff forced to apply for full custody of kids & restraining order against ex who threatened her & kids w/ death but no
香蕉视频直播� West Coast LEAF (@WestCoast_LEAF)
香蕉视频直播淚香蕉视频直播檝e joined this case because I think we can do better,香蕉视频直播� she said. 香蕉视频直播淲e need to do better.香蕉视频直播�
Bell described an abusive situation a number of woman in B.C. find themselves in. Through a custody battle with her ex-partner, Bell said she couldn香蕉视频直播檛 afford a lawyer and applied for legal aid but wasn香蕉视频直播檛 eligible due to $8,000 she had in assets.
She liquidated her RRSP, and was later approved. The legal battle got messy, and was lengthy, she said. In the end, an agreement was met, just as she was running out of legal aid hours and couldn香蕉视频直播檛 afford more.
A few months later, she received a duty to warn from the RCMP stating her safety was at risk.
She tried to represent herself as she sought a non-expiring protection order but needed a lawyer.
Bell was denied when she applied a second time for legal aid, because she had relied on the program before and her ex-partner was abiding by the previously determined non-contact order.
Although her previous lawyer was able to offer her discounted fees and gained her the non-expiring protection order, Bell said she spent more than an entire university degree香蕉视频直播檚 worth of loans to pay for the legal fees.
To pay back the loans, Bell said she香蕉视频直播檚 had to forgo required therapy for her daughter who has autism and lives off credit cards.
香蕉视频直播淭hese legal fees are a necessity for me,香蕉视频直播� she said, to protect herself and her children.
With tears, Bell said she香蕉视频直播檚 willing to share her story with those willing to be an advocate for children and women in this province.
香蕉视频直播淚香蕉视频直播檓 told we have very good family laws on the books, but those laws mean nothing if woman and children don香蕉视频直播檛 have access to justice,香蕉视频直播� she explained.
Between 2002 and 2005 alone, legal aid services in family law were cut by 60 per cent.
Legal aid has been drastically and chronically underfunded in the province and is now almost exclusively available to extremely low income earners fleeing violent relationships, West Coast Leaf said in a press release.
香蕉视频直播淓ven in those life-threatening situations, there are highly restrictive caps on the hours of legal service provided.香蕉视频直播�
The case is expected to be heard by the Supreme Court of B.C. in 2018.
ashley.wadhwani@bpdigital.ca
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