Come Monday, many of Alberta’s defence lawyers will stop accepting new legal aid clients citing a continued lack of funding from the province.
Members of Calgary’s Criminal Defence Lawyers Association, Edmonton’s Criminal Trial Lawyers Association, the Southern Alberta Defence Lawyers’ Association, and the Red Deer Criminal Lawyers Association overwhelming support the job action.
Jason Snider, president of the Red Deer association, said the legal aid system has been underfunded for many years, and three-and-a-half years ago the province agreed to look at how it compensated the 1,200 defence lawyers who take on legal aid clients and improve access to Albertans who need legal aid.
Government has failed to honour that agreement.
“We’ve been squeezed to the point where it’s not viable to continue to do legal aid work. They haven’t changed the rates of compensation since 2015,” Snider said outside the Red Deer Court House on Friday, where a snapshot of local lawyers and their staff gathered for the announcement.
He said some lawyers are now leaving defence law. Others are having to lay off support staff.
“We just hit the point where we said no. It’s got to change. We’re not playing anymore. We’re not accepting any new legal aid files — period.
“It’s an indefinite job action at this point.”
Related:
Alberta defence lawyers fed up with legal aid funding shortfalls
Lawyers first started refusing some types of legal aid work on August 6.
“We’ve been hoping that slow, measured steps would let the government know that this is an issue they need to address. Unfortunately, they haven’t responded to it at all,” said criminal defence lawyer Chad Haggerty.
He said without proper funding the most vulnerable people are at risk of losing their liberty. Legal aid also includes family law so families will continue to struggle.
Snider said cases will be delayed without lawyers working on behalf of legal aid clients which isn’t good for anybody.
“It’s not good for people accused of crimes. It’s not for people who are the victims of crime knowing the case they’re involved in, or called the police on, are adjourned for another month and another month, because (the accused) can’t get a lawyer.”
Lawyers encourage people to sign a petition started by the Calgary Criminal Defence Lawyers Association at www.change.org/p/demand-equal-access-to-justice-for-all-albertans.
Related:
Legal aid badly underfunded: lawyers
Justice Minister Tyler Shandro said increases to the legal aid tariff, which is the rate that criminal defence lawyers are paid, will be considered as part of the 2023 Budget.
“Legal Aid Alberta (LAA) and officials in Justice have begun this work, and if there is evidence to support increasing the rate paid to criminal defence lawyers, it will be included in the 2023 Budget submission,” said Shandro in a statement.
He added that LAA CEO John Panusa has publicly stated that they have all required funding necessary to ensure uninterrupted access to justice.
NDP justice critic Irfan Sabir said Shandro has ignored repeated warnings that the Legal Aid system was collapsing.
“I urge Tyler Shandro to meet with these organizations immediately, and negotiate in good faith to pay arrears owed to Legal Aid under the 2018 agreement, and revise tariffs and eligibility guidelines to be comparable to other major provinces,” Sabir said in a statement.
szielinski@reddeeradvocate.com
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