The fight to scrap a tax on legal fees in B.C. — launched by a lawyer killed during a cycle tour to raise awareness about access to justice for the poor — is being heard at Canada's top court Wednesday.

Vancouver lawyer Dugald Christie of the Western Canada Society to Access Justice had challenged the tax, arguing it discriminates against the poor by making it harder for low income earners to hire legal counsel.

'The government shouldn't set up a cost that impedes access to justice. And that's our argument.'—Lawyer Darrell Roberts

But more than two months after the Supreme Court of Canada agreed to hear the case, Christie was killed when he was struck by a van on the Trans-Canada Highway east of Sault Ste. Marie. Christie had hoped to bring attention to his cause by cycling from B.C. to Newfoundland and Labrador.

Christie's friend Darrell Roberts, who is also a lawyer, agreed to continue Christie's battle against the tax.

"I feel compelled to carry on and want strongly to do my very best in this case in memory of Dugald," he said.

"The government shouldn't set up a cost that impedes access to justice. And that's our argument."

Closed practice, took province to court

In 1993, B.C. passed the Social Service Tax Amendment Act, requiring a seven per cent levy on all legal services.

Christie closed his practice for more than a year after the province seized more than $6,000 in unpaid Social Service Tax.

He then took the province to court, arguing his clients couldn't pay – and because he works almost exclusively for people on low income, neither could he.

Christie challenged the constitutionality of the act arguing it impedes or denies access to justice, contrary to the Charter.

The B.C. Supreme Court agreed with Christie, ruling the law was unconstitutional to the extent that it limited the "fundamental right of access to the court of low-income persons."

The court also ruled the province doesn't have the legal authority to force payment of the tax by people on low incomes – specifically net income of less than $28,000 a year.

But the federal government and seven provinces are at the Supreme Court supporting B.C.'s right to tax. They are arguing that almost all jurisdictions in Canada, except for Ontario and Alberta, tax legal services.