Alberta legal aid lawyers threaten job action over 'perpetual funding neglect'
Jonny Wakefield - Yesterday
Edmonton Journal
Alberta lawyers who represent low income clients are threatening to walk off the job over what they call “perpetual funding neglect” of Legal Aid Alberta.
On Saturday, three organizations representing criminal defence lawyers across Alberta issued an ultimatum to Justice Minister Tyler Shandro, saying they will withdraw from legal aid without an infusion of new funding.
On Saturday, three organizations representing criminal defence lawyers across Alberta issued an ultimatum to Justice Minister Tyler Shandro, months after Crown prosecutors made similar demands for additional funding
“The most minimal provision of legal aid services in Alberta is at a breaking point,” states the news release. “While we are prepared to collaborate with other stakeholders to solve this crisis, our cooperation is contingent upon a meaningful commitment by the government to adequately fund Legal Aid Alberta now.
“To ensure the government understands the immediacy of this crisis and the importance of this funding, our organizations are taking steps towards job action.”
The release is signed by the Edmonton-based Criminal Trial Lawyers’ Association (CTLA), Calgary’s Criminal Defence Lawyers’ Association and the Southern Alberta Defence Lawyers’ Association.
Unlike the public defender system in the United States, defence lawyers in Alberta are not employed directly by the government . Rather, they are paid to represent low-income clients through Legal Aid Alberta, an arm’s length organization that receives funding from the federal and provincial governments, as well as from interest earned on their trust accounts.
In July, the three lawyers’ associations sent Shandro letters asking for more funding for the legal aid system, which they say pays about 40 per cent less than legal aid in other provinces.
They are also asking government to revamp the financial eligibility guidelines for legal aid. CTLA president Danielle Boisvert said that in some cases, people on AISH and those making as little as $25,000 a year do not qualify for the program.
“The government must take immediate action regarding the (Legal Aid Alberta) budget,” Boisvert said in her letter to Shandro, noting the government reported a $3.9 billion surplus last fiscal year. “The need is urgent. The time is now. The money is in the coffers.”
The lawyers’ groups added that without more funding, defence lawyers will continue to leave for other provinces or the Crown’s office, hurting the constitutional rights of low-income Albertans and creating a less efficient system.
“The quality of legal services will deteriorate, and the risk of wrongful convictions will grow,” they wrote. “Which means more appeals, more re-trials, more victims returning to court, more waste of precious court time, and more Jordan stays of serious prosecutions.”
The three associations said they did not hear back from Shandro by their July 29 deadline, and that they will meet Wednesday about withdrawing their services from Legal Aid Alberta.
Boisvert said defence lawyers operate as small businesses, and the associations, which are not unions, cannot compel their members to refuse legal aid work.
However, “all of us understand that something needs to be done now, and lawyers are much more willing to act collectively now than ever before,” she said. “I think … we’re going to have almost unanimous support for whatever we decide to do going forward, but unfortunately I can’t say we represent 100 per cent of the defence lawyers on the legal aid roster.”
Judge’s bench at the Edmonton Law Courts Building. File photo.
The threat of job action comes four months after Crown prosecutors made similar demands of the government, saying they were among the lowest paid in the country and that experienced lawyers were leaving as a result.
In April, the Alberta Crown Attorneys’ Association threatened job action, which led the province to bump up their pay ahead of negotiations on a new agreement.
The government also recently added funding for four additional judges on the Alberta provincial court. In an interview, Boisvert compared the justice system to a stool, with the judges, the Crown and the defence as each of its three legs.
“The government has infused a lot of money into the judiciary,” she said. “They’ve now infused a lot of money into the prosecution services. So two of those legs have been propped up, and the other one has been left shortchanged.”
She said funding for legal aid is an access to justice issue.
“When the public cannot access justice to begin with, and the justice they can access is subpar because of an underfunded legal aid system, then the justice they do get is not going to be quality justice.”
In an email, Shandro press secretary Joseph Dow said “contrary to what has been suggested,” the government “is willing to consider” increasing the legal aid operating budget and expanding eligibility for the program.
He said a review of the system is underway to make the billing and fee system less cumbersome. Any changes to Alberta’s contribution to Legal Aid Alberta “must be done after the current review is complete and must be done through the development of the 2023 budget,” Dow said.
jwakefield@postmedia.com
twitter.com/jonnywakefield
Jonny Wakefield - Yesterday
Edmonton Journal
Alberta lawyers who represent low income clients are threatening to walk off the job over what they call “perpetual funding neglect” of Legal Aid Alberta.
On Saturday, three organizations representing criminal defence lawyers across Alberta issued an ultimatum to Justice Minister Tyler Shandro, saying they will withdraw from legal aid without an infusion of new funding.
On Saturday, three organizations representing criminal defence lawyers across Alberta issued an ultimatum to Justice Minister Tyler Shandro, months after Crown prosecutors made similar demands for additional funding
“The most minimal provision of legal aid services in Alberta is at a breaking point,” states the news release. “While we are prepared to collaborate with other stakeholders to solve this crisis, our cooperation is contingent upon a meaningful commitment by the government to adequately fund Legal Aid Alberta now.
“To ensure the government understands the immediacy of this crisis and the importance of this funding, our organizations are taking steps towards job action.”
The release is signed by the Edmonton-based Criminal Trial Lawyers’ Association (CTLA), Calgary’s Criminal Defence Lawyers’ Association and the Southern Alberta Defence Lawyers’ Association.
Unlike the public defender system in the United States, defence lawyers in Alberta are not employed directly by the government . Rather, they are paid to represent low-income clients through Legal Aid Alberta, an arm’s length organization that receives funding from the federal and provincial governments, as well as from interest earned on their trust accounts.
In July, the three lawyers’ associations sent Shandro letters asking for more funding for the legal aid system, which they say pays about 40 per cent less than legal aid in other provinces.
They are also asking government to revamp the financial eligibility guidelines for legal aid. CTLA president Danielle Boisvert said that in some cases, people on AISH and those making as little as $25,000 a year do not qualify for the program.
“The government must take immediate action regarding the (Legal Aid Alberta) budget,” Boisvert said in her letter to Shandro, noting the government reported a $3.9 billion surplus last fiscal year. “The need is urgent. The time is now. The money is in the coffers.”
The lawyers’ groups added that without more funding, defence lawyers will continue to leave for other provinces or the Crown’s office, hurting the constitutional rights of low-income Albertans and creating a less efficient system.
“The quality of legal services will deteriorate, and the risk of wrongful convictions will grow,” they wrote. “Which means more appeals, more re-trials, more victims returning to court, more waste of precious court time, and more Jordan stays of serious prosecutions.”
The three associations said they did not hear back from Shandro by their July 29 deadline, and that they will meet Wednesday about withdrawing their services from Legal Aid Alberta.
Boisvert said defence lawyers operate as small businesses, and the associations, which are not unions, cannot compel their members to refuse legal aid work.
However, “all of us understand that something needs to be done now, and lawyers are much more willing to act collectively now than ever before,” she said. “I think … we’re going to have almost unanimous support for whatever we decide to do going forward, but unfortunately I can’t say we represent 100 per cent of the defence lawyers on the legal aid roster.”
Judge’s bench at the Edmonton Law Courts Building. File photo.
The threat of job action comes four months after Crown prosecutors made similar demands of the government, saying they were among the lowest paid in the country and that experienced lawyers were leaving as a result.
In April, the Alberta Crown Attorneys’ Association threatened job action, which led the province to bump up their pay ahead of negotiations on a new agreement.
The government also recently added funding for four additional judges on the Alberta provincial court. In an interview, Boisvert compared the justice system to a stool, with the judges, the Crown and the defence as each of its three legs.
“The government has infused a lot of money into the judiciary,” she said. “They’ve now infused a lot of money into the prosecution services. So two of those legs have been propped up, and the other one has been left shortchanged.”
She said funding for legal aid is an access to justice issue.
“When the public cannot access justice to begin with, and the justice they can access is subpar because of an underfunded legal aid system, then the justice they do get is not going to be quality justice.”
In an email, Shandro press secretary Joseph Dow said “contrary to what has been suggested,” the government “is willing to consider” increasing the legal aid operating budget and expanding eligibility for the program.
He said a review of the system is underway to make the billing and fee system less cumbersome. Any changes to Alberta’s contribution to Legal Aid Alberta “must be done after the current review is complete and must be done through the development of the 2023 budget,” Dow said.
jwakefield@postmedia.com
twitter.com/jonnywakefield
Meaghan Archer and Craig Momney - Yesterday
Global News
Legal aid has reached a breaking point and Alberta defense lawyers are looking to the province for more funding.
The Law Courts in Edmonton, Alberta. Summer 2014.
Alberta’s legal aid program has been underfunded for years, said Ian Savage, the president of the Criminal Defense Lawyers Association.
“Every now and then we try and get the government’s attention to the crisis and they put some money towards it on a band-aid type solution,” he said.
According to Savage, in 2018, a four-year provincial funding agreement was put in place with Rachel Notley’s NDP government. However, that funding decreased starting in 2020.
In May of this year, the province gave Legal Aid Alberta the green light to modernize its lawyer-building framework. But lawyers are saying that if there’s no money, then there’s no sense in the project.
Read more:
Edmonton court mixes law with psychology to find ‘meaningful resolutions’ for at-risk Albertans
“What legal aid has been given or not been given in terms of what it can work with to revamp the tariffs, as a whole, puts legal aid in a position where it can only do so much,” said Danielle Boisvert, a criminal defense lawyer in Edmonton and the president of the Criminal Trial Lawyers' Association.
Legal Aid Alberta is trying to pay lawyers for longer trials, said Boisvert, but that means taking away money from smaller files which make up about 70 per cent of cases the defense lawyers take on.
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“If you’re getting paid less on each file, what are you going to do if you’re going to keep working in this industry as a defense lawyer for legal aid? What you need to do is take on more files.”
This approach, however, is causing burnout amongst lawyers trying to make a living.
Last month, three senior lawyers, including Savage and Boisvert, wrote letters to minister of justice and solicitor general Tyler Shandro about the issue. They asked him to respond by July 29 or they would consider job action.
There has not yet been a response from Shandro.
Read more:
A ‘broken’ system: Canadians can’t afford lawyers but don’t qualify for legal aid
“When a person who is a lawyer cannot be bothered to even respond in writing or with a telephone call to three senior lawyers representing hundreds of other lawyers across the province who are telling him – point blank – that he needs to act… that is very sad… and a shameful state of affairs,” said Savage.
According to Mount Royal analyst Lori Williams, the situation mirrors what Alberta prosecutors have recently raised. And any job action could have implications on the already-stretched judicial system.
“If the trials are delayed because of shortages of prosecutors or defense lawyers, then they can actually exceed time limits and wind up having the cases dismissed,” Williams explained.
The issue could play a major political role, she added.
“Rural crime has been an issue for some time now. If it looks like those who are trying to defend rural Albertans or trying to support them in their needs or so forth are falling short, that could have implications not just for the leadership race but for the next election.”
The three lawyer organizations will meet on Wednesday to discuss next steps, including job action.
Global News has reached out to Tyler Shandro for comment but had not heard back at the time of publishing.
Legal aid has reached a breaking point and Alberta defense lawyers are looking to the province for more funding.
The Law Courts in Edmonton, Alberta. Summer 2014.
Alberta’s legal aid program has been underfunded for years, said Ian Savage, the president of the Criminal Defense Lawyers Association.
“Every now and then we try and get the government’s attention to the crisis and they put some money towards it on a band-aid type solution,” he said.
According to Savage, in 2018, a four-year provincial funding agreement was put in place with Rachel Notley’s NDP government. However, that funding decreased starting in 2020.
In May of this year, the province gave Legal Aid Alberta the green light to modernize its lawyer-building framework. But lawyers are saying that if there’s no money, then there’s no sense in the project.
Read more:
Edmonton court mixes law with psychology to find ‘meaningful resolutions’ for at-risk Albertans
“What legal aid has been given or not been given in terms of what it can work with to revamp the tariffs, as a whole, puts legal aid in a position where it can only do so much,” said Danielle Boisvert, a criminal defense lawyer in Edmonton and the president of the Criminal Trial Lawyers' Association.
Legal Aid Alberta is trying to pay lawyers for longer trials, said Boisvert, but that means taking away money from smaller files which make up about 70 per cent of cases the defense lawyers take on.
“If you’re getting paid less on each file, what are you going to do if you’re going to keep working in this industry as a defense lawyer for legal aid? What you need to do is take on more files.”
This approach, however, is causing burnout amongst lawyers trying to make a living.
Last month, three senior lawyers, including Savage and Boisvert, wrote letters to minister of justice and solicitor general Tyler Shandro about the issue. They asked him to respond by July 29 or they would consider job action.
There has not yet been a response from Shandro.
Read more:
A ‘broken’ system: Canadians can’t afford lawyers but don’t qualify for legal aid
“When a person who is a lawyer cannot be bothered to even respond in writing or with a telephone call to three senior lawyers representing hundreds of other lawyers across the province who are telling him – point blank – that he needs to act… that is very sad… and a shameful state of affairs,” said Savage.
According to Mount Royal analyst Lori Williams, the situation mirrors what Alberta prosecutors have recently raised. And any job action could have implications on the already-stretched judicial system.
“If the trials are delayed because of shortages of prosecutors or defense lawyers, then they can actually exceed time limits and wind up having the cases dismissed,” Williams explained.
The issue could play a major political role, she added.
“Rural crime has been an issue for some time now. If it looks like those who are trying to defend rural Albertans or trying to support them in their needs or so forth are falling short, that could have implications not just for the leadership race but for the next election.”
The three lawyer organizations will meet on Wednesday to discuss next steps, including job action.
Global News has reached out to Tyler Shandro for comment but had not heard back at the time of publishing.
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