VICTORIA - It would have been a heck of a federal election campaign issue, I bet.
How would the parties react to news that tax dollars are being spent to help a Vancouver gay and lesbian book store wage a legal battle to bring banned gay porn into Canada?
We can only imagine the response.
But I do know that I'd only vote for a candidate who supported the court decision.
There's a power imbalance in our society. People with resources can exercise their rights much more effectively than those who are less well-off. It costs money to go to court, or to challenge a municipal government decision. Rights are limited by your ability to pay the cost of defending them.
Theat's the reality the BC Supreme Court recognized, and attempted to address, when it ruled that taxpayers should pay Little Sisters Book Emporium's legal costs in its latest censorship battle with Canada Customs. The federal agency has seized and banned two "Meatman" comic books and two books on male bondage. The store wants to challenge the seizure in court, its only avenue of appeal.
But Little Sisters has no money for a 12-week trial. And until now, that would have ended the issue.
No more, and that's a good thing. Last year the Supreme Court of Canada upheld a B.C. ruling that found governments should pay the legal bills for four Interior native bands battling over forest rights. The issues were of public importance, the court ruled, and the bands couldn't afford the legal costs. Justice would only be served if their costs were paid by government.
Little Sisters' lawyer Joe Arvay argued that the same principle should apply in the store's case. The issue - Canada Custom's book banning practices - affects the freedoms of all Canadians. Important questions about arbitrary censorship have been raised. And the store has no money.
And Justice Elizabeth Bennett agreed, noting Canada Customs has barred some 65,000 books, movies and other articles in the last five years. The government should pay for the store's legal costs, she ruled, within strict limits.
Rights don't really exist if there is no practical way to enforce them. The right to appeal a decision to court means nothing if it is only available for those with $150,000 to spend. In many - even most - public interest cases, one side has a huge financial advantage and a strong economic incentive to fight the case; the other has little money and no prospects of a windfall from a legal victory.
The court decision simply levels the playing field in cases of broad public interest. It should be applauded.
Which leads, sadly, to the cuts to the cuts to B.C.'s Office of the Ombudsman, which are a step backward in the same way the court decision is a step forward.
The Ombudsman's office is another attempt to level the playing field in the pursuit of justice, generally on an individual scale. Not everyone has the skills or the resources to tackle government when they believe they are wronged. Certainly few have the ability to fight a particularly intractable or unreasonable institution.
The Ombudsman is their advocate. But the Liberals have cut the Ombudsman's budget by 35 per cent and the number of investigators has been cut in half. Cases involving municipal governments and professional associations had made up about 10 per cent of the complaints handled by the Ombudsman. Those people will no longer be helped, according to the Ombudsman's latest annual report. People challenging decisions or actions by schools or health authorities will now likely face long waits.
It seems a backward step. Some people can take on City Hall or a hospital alone - or with their lawyer - and resolve issues.
But others need help tin the interests of justice.
And as the Little Sister ruling suggests, providing that help is a reasonable role for the state.
Footnote: The Ombudsman's report includes examples of cases tackled during the year, from helping an elderly woman get needed home care to ensuring that an adopted child from outside the province was immediately eligible for MSP benefits to helping a small bsuiness cut through red tape. It's a useful role.
No comments:
Post a Comment