More than 10,000 Canadians received a medically-assisted death in 2021: report
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)
Ontario class action settlement reclassifies volunteers as employees, setting new precedent
Availability of Judicial Review in SABS Disputes
Are masking policies still valid?
Justice Canada releases commission report on impact of lack of legal aid in family law disputes
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court
New rules coming next month to help Canadians with cancelled and delayed flights
Stephen King set to testify for govt in books merger trial (US)
New law program in Quebec to begin next fall, a first in 50 years
The Impact of the Lack of Legal Aid in Family Law Cases
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.
Big Plastic suing feds over single-use ban — again
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid
Federal privacy commissioner investigating controversial ArriveCAN app
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit
Professor Barnali Choudhury selected by EU as trade and sustainable development expert
The Supreme Court decision on the ‘Ghomeshi’ amendments will help sexual assault victims access justice
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families
Court refuses to stay wrongful dismissal lawsuit despite arbitration agreement in agency contracts

Defence lawyers threaten job action over Legal Aid Alberta funding

Government says it will consider future funding increases, but lawyers say they are necessary now.

 
PHOTO: The associations plan to meet on Wednesday night to discuss and vote on next steps, including the withdrawal of their services. (Cort Sloan/CBC)
 
 
Three organizations that represent hundreds of defence lawyers in Alberta are threatening job action if the provincial government does not increase funding for Legal Aid Alberta.

The Criminal Defence Lawyers’ Association of Calgary, the Criminal Trial Lawyers’ Association of Edmonton, and the Southern Alberta Defence Lawyers’ Association of Lethbridge sent letters to Justice Minister Tyler Shandro in mid-July requesting a funding discussion before July 29.

The associations say the government is refusing to properly fund Legal Aid Alberta (LAA), a non-profit organization that provides legal services to Albertans in family, domestic violence, child welfare, immigration and criminal defence cases.

The defence lawyers say Alberta lawyers who take legal aid cases are underpaid compared to those in Manitoba, British Columbia and Ontario and that many have become crown prosecutors to obtain better compensation.

“The most minimal provision of legal aid services in Alberta is at a breaking point,” the groups said in a joint press release Saturday.

The associations plan to meet on Wednesday night to discuss and vote on next steps, including the withdrawal of their services.

 

Danielle Boisvert is president of the Criminal Trial Lawyers’ Association in Edmonton. Her association is one of three calling on the Alberta government for Legal Aid Alberta funding increases. (Submitted by Danielle Boisvert)


Danielle Boisvert, president of the CTLA in Edmonton, said job action “would have a serious, direct and immediate impact on everybody else in the justice system.”

She said without legal aid lawyers, many more Albertans would try to represent themselves in court, leading to more work for crown prosecutors and judges and increasing the possibility of wrongful convictions.

Pay discrepancies


LAA, which is mainly funded by the province, served more than 34,000 clients last year.

Boisvert said legal aid cases make up about half of most defence lawyers’ workload, but the percentage is much higher for junior lawyers.

Roster counsel earn a base rate of $92.40 per hour in Alberta while those in British Columbia and Ontario earn $113.39 and $109.14, respectively.

The rate discrepancies increase for lawyers in higher compensation tiers.

After threatening to strike this spring, Alberta crown prosecutors secured a pay increase promise from the provincial government.

Boisvert said defence lawyers have been dwindling since 2015, especially within the last few years.

She said those who leave tend to be young people with a lot of student debt.

Expanding eligibility


In addition to higher pay, lawyers are also asking the government to expand the eligibility for legal aid.

Most legal aid services are not free but cost a lot less than a private lawyer would.

In her association’s letter to Shandro, Boisvert wrote that LAA’s financial eligibility guidelines have not been adjusted for inflation.

“Albertans who are unable to afford basic goods and necessities, such as fresh produce, are somehow expected to be able to afford a lawyer,” she said.

Increases on the table for next budget


LAA is currently updating its tariff, which lays out how lawyers who take legal aid cases are paid.

The lawyer associations say they were disappointed to learn through LAA that the tariff rate was not in the scope of the review and modernization process.

Joseph Dow, Shandro’s press secretary, said Alberta is willing to consider increasing Legal Aid’s operating budget and changing the financial eligibility guidelines, but only after the review and through the 2023 budget.

He said Alberta offers more legal aid services than other jurisdictions and that since 2015, the government has increased funding to LAA by 47 per cent.

 

CBC News


According to figures from LAA’s annual reports, provincial government funding did increase by 47 per cent between the 2015-16 fiscal year and 2018-19, but decreased for the next two years.

The lawyers’ associations say Shandro’s office has not responded to their letters.

Corrections


A previous version of this story misstated the revenue figures between the 2018-19 and 2020-2021 fiscal years.

Madeleine Cummings is a reporter with CBC Edmonton. She covers local news and files for CBC Edmonton’s web, radio and TV platforms. You can reach her at madeleine.cummings@cbc.ca | Follow Madeleine on Twitter


 
GOOGLE ADVERTISEMENT

Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Latest News

Subscribe

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


GOOGLE ADVERTISEMENT

Instagram Feed