Photo: The Canadian Press Media wait outside the BC Supreme Court in Vancouver, June 2, 2015. A three-day hearing has begun in the BC Supreme Court by a group defending itself against the provincial government’s stance that it does not have the capacity to take on the case regarding assistance in litigation. The Single Mothers Alliance says eligibility for legal aid is not meeting the needs of low-income women, especially those fleeing domestic violence. THE CANADIAN PRESS/Daryl Dyck A three-day hearing has begun in British Columbia’s Supreme Court, with one group challenging the provincial government’s position that it lacks the capacity to take a legal aid case to trial. The Single Mothers Alliance launched the constitutional case five years ago saying legal aid eligibility was not meeting the needs of low-income women, especially those fleeing domestic violence. The alliance is represented by West Coast Leaf, whose executive director says the eligibility requirements are problematic because single mothers must earn about $29,000 for a two-person household to qualify for legal aid. Raji Mangat says this means many working mothers have to be represented in what is essentially a “broken” system, leaving some re-traumatized because they could be cross-examined by an ex-partner’s lawyer. The Attorney General’s Department did not immediately respond to a request for comment. Mangat says women who work full-time and earn minimum wage can end up being treated as if they have disposable income to spend on legal fees when they have to take time off to be in court. “When you consider the fact that we’re talking about domestic violence cases, the stakes are high,” he said. “The abusive ex is usually someone who is not going to be rational, so these are not cases that have the prospect of being settled out of court,” Mangat said of an “intimidating” process. “Our Family Law Act has a very strong definition of family violence and there are lots of things you can do to try and protect yourself. do you basically have a two-tier system?” Only the very poor can currently access legal aid, but the hours are limited and do not take into account those with a cognitive disability or an ongoing parallel immigration process, Mangat said. “We expect people to somehow navigate a broken system and we call that access to justice.”
