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Provincial Government Proposes End to Pain & Suffering Compensation and Access to Justice; Replacing it With Victim Welfare Program

Commentary: As mentioned in a previous blog post: The BC Wrongful Death Law Reform Society’s Position on No-Fault the provincial government has decided to legislatively end compensation for pain & suffering damages and access to justice through the law courts for victims of motor vehicle accidents.

When an injury, or wrongful death happens, the victim, or victim’s families endure trauma and grief. When they are denied access to the law courts to right a wrong, they are left their entire lives with a burning sense of injustice. The ability to access truth and justice are inextricably linked to the grieving process. When a lawsuit has been settled, or results in a court decision, the victim/victim’s families are able to move on with their lives, knowing that the full measure of justice has been executed. This results in closure.

There is a concept called a gero somatic illness, which is a somatic symptom disorder involving a person having a significant focus on physical symptoms, such as pain, weakness or shortness of breath, that results in major distress and/or problems functioning. The individual has excessive thoughts, feelings and behaviours relating to the physical symptoms.

When a person is put on subsistence, there is focus on the pain associated with their injury and trauma. Even in the event of undertaking a lawsuit for personal injury (as our law presently allows prior to no-fault) these symptoms persist. It is common after a lawsuit is settled for the excessive thoughts, feelings and behaviours relating to the physical symptoms to clear, and the person is much more empowered to move on with their lives. 

By the provincial government introducing no-fault motor vehicle insurance legislation that does not provide compensation for damages related to pain & suffering, or access to justice, it forces the victim to remain in a state of distress associated with their injury and trauma. In fact, only by remaining in this state will they continue to receive the access to the subsistence benefits provided under this new legislation. This is in contrast to a fair and equitable settlement, or court decision, whereby the victim is able to financially plan their lives and move on, without being inextricably linked to the ICBC welfare plantation (and the borders of British Columbia), for the rest of their lives, or however long the injury persists.

By the current NDP and previous Liberal governments FAILING to modernize our wrongful death laws enshrining value for all members of society, regardless of age, or socioeconomic status, families remain in a state of grief and distress associated with the trauma and injustice of their wrongfully killed loved one.

The government agenda is creating a permanent underclass of victim welfare recipients who will never be made financially whole again and will always remain reliant and subordinate to the bureaucratic incompetence of the administrative state.

The government removes the scales of justice from the table and replaces it with breadcrumbs.

More future votes are bought by the citizens reliant on these breadcrumbs, who are oblivious to the rights they should otherwise be entitled, or how much more empowered their lives could have been.

Television personality, author, and pundit, John Stossel has made a video on government enabling victimhood and it’s an interesting watch below. Note the end of the video where he mentions his own experience of a personal injury lawsuit.

 

Please petition your MLA to make your voice heard in supporting the modernization of our wrongful death laws in BC»


About the BC Wrongful Death Law Reform Society

‘In Their Name’ is the campaign of the ‘BC Wrongful Death Law Reform Society’ – an organization comprised of families who have lost a loved one to wrongful death in BC and were denied access to justice. In response to the biggest human rights issue facing the province today, our goal is to modernize British Columbia’s antiquated wrongful death legislation, which predates confederation (1846). Under current legislation, the value of a human life is measured only by the deceased’s future lost income, so long as they had dependents.

As a result, access to justice has been denied to the families of the wrongfully killed who do not meet this discriminatory criteria. This has affected especially vulnerable groups, namely children, seniors, the disabled, and anyone without dependents when they are killed by the careless or intentional acts of another.

BC is presently the last of all the provinces, including the Yukon, yet to have undertaken this critical legislative modernization to allow for dignity, value, and protections for all its citizens under the law.

When it’s ‘free’ to kill in BC, wrongdoers are not held accountable. This lack of general deterrence holds the province back in innovation of safety measures and protocols to prevent wrongful deaths in the first place.


Here’s How You Can Get Involved…

The Attorney General of British Columbia, David Eby, is the Minister responsible for the ‘Family Compensation Act’ – the guiding piece of legislation that the civil courts must follow in cases of wrongful death. Minister Eby receives feedback from the regional ‘Members of the Legislative Assembly’ (MLAs) and follows orders from the Premier, John Horgan.

Reform is presently at a standstill, as the BC NDP government does not presently view access to justice for the surviving family members of the wrongfully killed as a priority in this province. This is despite the fact that the families behind our Society have been fighting for modernization for over two decades. And despite the fact that all other provinces, including the Yukon, have already modernized in most cases long ago.

The only way to move this forward is by creating massive public awareness and outcry for legislative modernization. Only under the scrutiny of the media and the public will our politicians be forced to take this necessary, and long overdue action.

How many more people will need to die from the same preventable wrongful actions before our politicians will do their job?

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