An independent audit of Legal Aid BC says the group didn't have the processes and information to help ensure timely and high-quality representation for people on low incomes.
The audit, which has been delivered to B.C.'s Legislative Assembly, recommended that Legal Aid BC needs improved legal representation services for people on low incomes. Legal Aid BC, a B.C. Crown corporation, offers legal advice, information and representation in criminal, family, child protection, immigration and refugee law for people who can't afford a lawyer.
Acting auditor general, Sheila Dodds, released her report April 29, making seven recommendations, including that Legal Aid BC prepare a long-term funding forecast, determine the number of lawyers needed to meet demand based on the forecast and address the cause of delays. Legal Aid BC has accepted all seven recommendations, according to the online report.
"Timely, high-quality legal representation can reduce time in custody, resolve cases faster, and protect people sooner, through things like restraining orders," Dodds said. "Our audit found that Legal Aid BC could take additional steps to improve how it oversees its legal representation services."
In 2023-24, Legal Aid had a budget of just over $140 million, with most of its funding coming from the Ministry of the Attorney General.
Between 2021-22 and 2023-24, the report states that demand for legal aid representation increased nearly 28 per cent. The audit also found that Legal Aid BC determined short- and long-term funding needs based on what demand had been in the previous year, "but it did not consider the impact of rising demand in its long-term budget planning."
The organization relies on contracted lawyers to provide legal representation services and as of March 31, 2024 it had roughly 1,360 lawyers under contract. The audit adds that figure has not changed much since 2021-22.
While Legal Aid took steps to expand its roster of available lawyers "through recruitment initiatives and financial incentives," it had not determined the number needed to meet demand.
The audit found Legal Aid BC also had not monitored the quality of legal representation services provided by contracted lawyers, nor did it ensure staff followed policy when assessing and reviewing applications for legal representation or responding to complaints.
