Victoria – Legal Aid BC did not have the processes and information to help ensure timely, high-quality legal representation services for people on low incomes, the Office of the Auditor General concluded in an independent audit report that has been delivered to the Legislative Assembly.
Legal Aid BC, a Crown corporation, offers legal advice, information and representation in criminal, family, child protection, and immigration and refugee law for people who can’t afford a lawyer. In 2023-24, Legal Aid BC had a budget of just over $140 million, with most of its funding coming from the Ministry of Attorney General.
“Timely, high-quality legal representation can reduce time in custody, resolve cases faster, and protect people sooner, through things like restraining orders,” said Sheila Dodds, Acting Auditor General. “Our audit found that Legal Aid BC could take additional steps to improve how it oversees its legal representation services.”
Between 2021-22 and 2023-24, demand for legal aid representation increased nearly 28%. The audit 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.
Legal Aid BC relies on contracted lawyers to provide legal representation services. As of March 31, 2024, it had roughly 1,360 lawyers under contract, a figure that has not changed much since 2021-22.
The audit found that Legal Aid BC took steps to expand its roster of available lawyers through recruitment initiatives and financial incentives, but had not determined the number of lawyers it needed to meet demand. It also had not monitored the quality of legal representation services provided by contracted lawyers.
The audit found that Legal Aid BC did not ensure staff followed policy when they assessed and reviewed applications for legal representation or responded to complaints. It also found staff did not ensure complaints were addressed in a timely way.
The audit made seven recommendations related to Legal Aid BC’s long-term resource forecasting, intake and eligibility reviews, and complaints process. Legal Aid BC has accepted and committed to implementing all of the audit’s recommendations.
