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w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 25 regarding land use, even without a declared title, and have their interests accommodated. "Their first rights to title are significant," Eby says. A First Nations conflict over Kinder Morgan is now an inherited controversial Liberal file on his desk. "I would be remiss if I didn't mention Kinder Morgan," says Eby, adding that the NDP did not support the project, believing "it was not in the best interest of B.C." The past Liberals supported the project, which has resulted in the Squamish First Nation taking B.C. to court. The Squa- mish band filed an application on April 20 for a judicial review by the B.C. Supreme Court challenging the B.C. decision to approve the Kinder Morgan heavy oil project. It wants the environmental review certificate issued by B.C. set aside based upon a failure to consult. Eby says he could not comment further on the suit as it is before the courts other than to say it was not a path his govern- ment would have taken. "We are currently canvassing expert legal advice on our options," he says. The high rates of First Nations incarcerations, he says, are tied to social issues as many of the First Nations areas in B.C. face economic issues leading to other criminal and social prob- lems such as the number of children in care and children aging out of care with no support. "The options in these communities are limited," he says. Eby also wants to see more dollars spent on review reports for those who do come before courts or into the judicial system to lessen the number of re-offenders. "Understanding how that person got there is closely related to reducing incarceration rates and specifically the rates among indigenous persons," he says. The NDP has vowed to put together a poverty reduction plan that addresses many of the underlying causes of crime or social problems. B.C. has made some headway in addressing the underlying social issues that bring individuals into the justice system by creating specialized courts. B.C. currently has five: Domestic Violence Courts, First Nations Courts, Victoria Integrated Court, Drug Treatment Court of Vancouver and the Down- town Community Court. "But one of my frustrations with these courts is that the ser- vices attached to them to help the person address the problem are simply not there," he says. "If you are homeless, you have nowhere to live, you have problems getting your meds or drug treatment." Eby says there is a role for his ministry to play in addressing increased funding plus providing greater support working in a co-operative environment with B.C.'s housing ministry. "There is an explicit direct and expansive mandate from Premier Horgan that partnerships will have more options to exist in these kinds of situations," he says. Eby says he is committed to providing more funding for legal aid for a system that legal critics have called crippled, with lawyers turning away cases as they cannot cover costs. The NDP "will be presenting an interim budget in August and full budget in February [2018], which will provide additional sup- port for legal aid," he says, but funding will also be increased to hire more support staff at the Court Services Branch and duty counsel. He will also hire more sheriffs. In the past, courts in B.C. have not been able to operate because of a lack of court support staff, which was flown in from other parts of B.C. Eby says it would be unrealistic to expect that everyone facing a non-prison offence should be able to obtain legal aid, but his ministry is committed to ensuring that there are more resources available to help individuals with legal information or knowl- edge to help settle supports. Under the Liberals, this process was started with online tribunals and mediation. Family law is another area where he sees reforms are needed. "The majority of individuals are unrepresented and we have to determine how to help them get through a problem, such as divorce, without counsel," he says. Horgan has charged Eby with introducing legislation that will reform campaign laws to ban political contribution by corpora- tions and unions and set limits on individual contributions. He is also to introduce legislation to reform lobbying in B.C. and put in place legislation to hold a province-wide referendum on propor- tional representation by the fall of 2018. Eby will also conduct a full operating review of the Insurance Bureau of B.C. Eby was one of four elected lawyers that Horgan considered for the AG's position. The others were long-time political veteran Leonard Krog (now the NDP caucus chairman), Bruce Ralston (now the minister of Jobs, Trade and Technology), and Robert D'Eith, a media and music lawyer. "I knew I was being considered," says Eby, adding that he's "excited" about the appointment. © 2017 Thomson Reuters Canada Limited 00245EZ-A87824-NP Order # 988014-65203 $112 Softcover approx. 650 pages April 2017 978-0-7798-8014-0 Biennial volumes supplied every two years on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Stay up to date on the case law and legislation with this time-saving resource written by an experienced family law practitioner. The 2017 Annotated Alberta Family Law Act contains the full text of the Alberta Family Law Act, with section- by-section commentary. Expert case annotations explain these amendments and new regulations and their practical application. New Edition The 2017 Annotated Alberta Family Law Act Cynthia F. Barber Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ntitled-7 1 2017-09-12 3:26 PM

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