Updating BCs Wrongful Death Law

Year
2021
Number
NR12
Sponsor(s)
Vancouver
Fruitvale

Whereas tragically, hundreds of British Columbians will experience the loss of a loved one each year, and in the event of a wrongful death, many will discover they cannot access legal representation or recourse because Wrongful Death Law in BC is legislated by the Family Compensation Act and provisions in the Wills, Estates and Succession Act in determining the worth of a deceased family member; and currently, access to the courts requires that the deceased was a breadwinner, and otherwise precludes opportunities for independent investigation, recourse, or accountability that could avail justice, system change, economic or non-economic damages; And whereas the Family Compensation Act is antiquated legislation thats had no significant or meaningful updates since the 1800s, and British Columbia is the last remaining province in Canada to modernize its wrongful death legislation to provide a fair standard of human value, dignity, and protection under the law. And whereas BCs Family Compensation Act discriminates against children, the elderly and many people with disabilities when killed by the recklessness and harm of another; Therefore be it resolved that UBCM request the Government of British Columbia and Attorney General modernize and reform wrongful death law in British Columbia to ensure access to justice, accountability, and compensation in British Columbia for the surviving family members of those wrongfully killed.

Provincial Response

Attorney General and Minister Responsible for Housing As noted in the UBCM resolution, the provincial government will address concerns with the Family Compensation Act and the lack of compensation for individuals who are not employed within the current term of government. At this time, we can confirm that staff have been assigned to the project and are looking at addressing both compensation and accountability as issues when there are allegations of wrongful death.

Convention Decision
Endorsed