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Les Leyne: Premier David Eby takes on lawyers — again

The B.C. NDP government has introduced a one-page bill that bestows the right to join a union on the 350 lawyers who work for government. There’s a catch. It herds them into a union the government prefers, the Professional Employees Association, rather than allowing them to form their own.

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Publication date : 2023-05-06
‘Unfair labour practice’: B.C. government accused of blocking union bid by its own lawyers

Lawyers for the B.C. government say the province has ended negotiations with them ahead of legislation they claim aims to block their right to form their own union.

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Publication date : 2023-05-04
N.B. prosecutors say recent sexual assault stay is evidence of resource shortage

New Brunswick’s justice system is reaching a crisis point. Urgent calls have been made to address the provincial criminal justice system after a decision was made to stay a sexual assault case due to the lack of prosecutors. According to the New Brunswick Crown Prosecutors Association, the judge’s decision, made in Moncton last Friday, is directly linked to the shortage of resources.

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Publication date : 2023-03-01
Delays prompt judge to stay charges against man accused of sexual assault
Delays prompt judge to stay charges against man accused of sexual assault

Charges were stayed in Moncton provincial court Friday against a man accused of sexual assault, with the judge agreeing with the defence that the accused had waited too long to be tried. Meanwhile, New Brunswick Crown Prosecutors Association, representing Crown attorneys, saying staffing shortages in their ranks are at crisis levels.

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Publication date : 2023-02-24
Government lawyers in B.C. fight for right to form their own union following newly tabled bill
Government lawyers in B.C. fight for right to form their own union following newly tabled bill

The B.C. Government Lawyers Association (BCGLA) is speaking out against the newly tabled Bill 5, which will allow government lawyers interested in unionizing to join the Professional Employees Association (PEA) for government-licensed professionals, but does not allow them to form their own union.

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Publication date : 2023-02-11
B.C. government lawyers fight for right to unionize on their own terms
B.C. government lawyers fight for right to unionize on their own terms

Lawyers who work for the B.C. government writing legislation, providing legal advice and representing government in civil litigation want the right to join a union of their choice. The B.C. Government Lawyers Association said that 75 per cent of the government’s 350 lawyers had signed cards asking that the association be allowed to represent them as its proposed new union.

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Publication date : 2022-11-21


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B.C. risks losing top Crown prosecutors if it scraps existing salary structure, association warns

10-02-2022

A lawyer is pictured in a B.C. courtroom in an undated handout photo. The B.C. Crown Counsel Association warns that the province risks losing its most experienced prosecutors if it doesn't agree to keep their old salary structure intact. (Cliff MacArthur/provincialcourt.bc.ca)

 

The association representing Crown lawyers in B.C. says the province will be at risk of losing its most experienced prosecutors if it doesn't agree to keep their old salary structure intact.

 

The warning from the B.C. Crown Counsel Association comes after a contract dispute between the lawyers and the province hit the two-year mark without a solution.

 

"Our concern is that if government scraps this longstanding deal, we're going to lose senior prosecutors and younger prosecutors may think twice before joining up with the B.C. Prosecution Service," said counsel association president Kevin Marks.

 

The association and the province have been stuck in negotiations since the lawyers' previous contract expired in March 2019.

 

The key sticking point: linkage.

 

Under the 2007 deal, the top Crown prosecutors in B.C. have to be paid 85 per cent of what a provincial court judge makes. The judges make up to $282,250 per year — so 85 per cent for the top-tier lawyers would be just under $240,000 annually.

 

The association said the province wants to get rid of linkage in the next contract, but the lawyers don't.

 

"They deserve that amount. They're the most experienced prosecutors. They're the ones who are doing the high profile murders and gang prosecutions," said Marks, citing the Surrey Six killings as an example.

 

"We want the exact same deal that we negotiated back in 2007. We're not asking for anything different," he continued. "It worked extremely well for 12 years."

 

Issue applies to 15 lawyers

 

The Ministry of Finance did not make a spokesperson available for an interview Wednesday, but sent a brief statement by email. 

 

"We value the work of B.C.'s Crown Counsel. We believe it's best not to comment on bargaining matters while negotiations are still outstanding," it read.

 

There are currently around 475 prosecutors in the province. The linkage issue only applies to 15 of them — around 3 per cent.

 

Still, Marks said the salary is also a draw for junior lawyers. Retention and recruitment could become a problem if the linkage disappears, he said. 

 

"They'll have no difficulty finding other jobs," he said, adding senior prosecutors could "easily" take their experience to private practice, defence work or civil litigation.

 

A lack of prosecutors could also lead to even more court delays, or see inexperienced prosecutors going up against veteran defence lawyers.

 

"The person who has been charged with a crime, they are going to go out and get a best defence lawyer money can buy. And we say citizens of B.C. deserve the exact same thing," said Marks.

 

https://www.cbc.ca/news/canada/british-columbia/crown-prosecutors-bc-contract-dispute-1.6345818