Legal Aid BC Policy enables ..... Bad BC RCMP Officer Behaviour

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The Issue

Funding a proper defence compensates for bad police behaviour by preventing it.

Knowing that their criminal charges will face a defence attorney's scrutiny will give rogue officers pause before they abuse their powers, i.e. not doing the job they are paid to do -- investigate intelligently and enforce lawfully.

 

The Root Cause:  BC RCMP management is not performing their role to ensure their officers are investigating and enforcing the law lawfully, so it's necessary to compensate for that by using defence attorneys to perform the task for them.   To an uncontrolled BC RCMP officer, initiating and pursuing criminal charges, then violating Charter Rights against lower-income residents, is the equivalent of shooting fish in a barrel.

 

If not facing a jail sentence, Legal Aid BC currently only provides funding if the accused accepts an early resolution -- i.e. concedes to the charges.  The accused's choice becomes pleading to a crime they didn't commit, or they're on their own.   Without a defence attorney or if the accused refuses an early resolution, the accused will be subjected to uncontrolled abuse of power at the hands of a BC RCMP officer, for up to 18 months, until a prosecutor 'stays' the charges. 

 

Why not provide a defence before compelling a plea to ensure the lower-income accused is not being abused? 

 

We urge the government of British Columbia to address this pressing issue by increasing Legal Aid BC's overall budget by 10%, so it meets real-world requirements. 

Annually allocate $5000 (on average) for a defence attorney's services from approval through plea, covering an estimated 3000+ lower-income accused. Through a secure portal, offer fixed price contracts at ≅ market rates to act as a defence to interested defence attorneys.

 

The benefits of funding a defence include reducing squandered prosecutor time, rebuilding trust in the justice system (and police) and safeguarding the Charter Rights of the most vulnerable among us.   

Take it from the Solicitor General's budget, as insurance against misuse of criminal prosecution and an incentive to move forward with BC Police Reform.  

 

A defence attorney's protection should allow charges that should be withdrawn to be withdrawn, rather than further endangering the falsely accused waiting for the prosecutor to stay the case, many months later. Many accused rely on thinly spread pro bono representation or even go without representation, leading to unjust outcomes. 

Sign the petition today and be part of an incremental change for a just and fair BC justice system.

 

Prosecutors are protected, police are protected, but not the accused. 

 

A personal story of false prosecution. 

 

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