BCIFV home > Media Releases > May 7, 2002

For Immediate Release: May 7, 2002
Contact: Penny Bain, phone: 604-669-7055 or 1 877-755-7055 or
pbain@bcifv.org or www.bcifv.org

Media Release:
Amendments to Legal Services Society Act Will Hurt Women and Children Fleeing Family Violence

Another blow has been dealt to women attempting to escape spousal assault. The BC government has amended the Legal Services Society (LSS) Act so that coverage for family violence cases is no longer mandated.

"Criminal and child apprehension legal aid coverage is required by Supreme Court of Canada Charter decisions," says Penny Bain, Executive Director of the BC Institute Against Family Violence. "The extent to which the Charter mandates family legal aid coverage in cases of family violence will now have to be litigated in the courts." This litigation will cost taxpayers dearly. But this price will not be as steep as that paid by women and children who are attempting to flee family violence. These women usually cannot afford legal representation; in fact, financial isolation and dependency is a pivotal aspect of the abuser's ability to control his partner.

Yet legal representation is vital, particularly when children are involved. It is common for abusers to seek custody as a way of punishing women and coercing them to return. It is also common for them to increase their use of violence post-separation, and begin or increase violence toward the children for the same reasons. One in four women in BC experience abuse in intimate relationships. They stay because they fear increased violence if they leave, and because they lack means to support themselves and their children while paying for the legal help they require in order to obtain protection orders and negotiate divorce and custody proceedings.

This problem will be exacerbated by the amendments to the LSS Act. It will not be remedied through increased use of mediation, as the Attorney-General of BC has suggested. In most cases, mediation simply perpetuates the violence experienced by both the women and their children. "Under our Constitution, Attorneys-General are required to administer justice in their provinces," says Bain. "Under the Charter, they are obligated to administer that responsibility fairly and equitably. Yet the impact of recent legal aid cuts and the amendments to the Legal Services Act falls disproportionately on poor, abused women and their children." "This is wrong and must be addressed," she says. "The Attorney-General must see to it that the people who need our justice system most have the same access to it as those who often need it less, but have better access to it because they have more money."

For more information, contact Penny Bain, Executive Director of the BC Institute Against Family Violence at 669-7055 or
1 877-755-7055, pbain@bcifv.org or www.bcifv.org.

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