Alberta’s criminal defence lawyers to step up job action on Sept. 1

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• Bail only services;
• courtroom duty counsel services;
• complainant counsel services (pursuant to s. 276 of the Criminal Code);
• cross-examination of complainant services (in cases where an accused is otherwise self-represented).

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In addition, the associations state, members will begin refusing new certificates for all criminal appeals, and will refuse new legal aid files involving the most serious criminal offences – those classified as Level 2.5 or Level 3 offences by LAA. This includes most sexual offences, many firearms-related offences, all homicides, and dangerous offender proceedings.

“We have told [Justice] Minister [Tyler] Shandro and Legal Aid Alberta CEO John Panusa that this presents our province with a unique opportunity,” the joint release states.

“With a budget surplus and a strong economy, the time for a comprehensive review is now. A real and enlightened change now to our decades-old tariff of lawyer payments, our disgraceful Financial Eligibility Guidelines (“FEGs”) and our political habit of under-delivered funding could make Alberta a leader in delivering quality legal services to society’s most vulnerable.”

The associations say they received a letter from Minister Shandro on Wednesday, and it made one thing clear: their pleas continue to fall on deaf ears.

The letter in full can be viewed below…

In the letter, Shandro says while he agrees there’s room for progress, LAA has seen its funding increase by 47 per cent since 2015.

Shandro also says a modernization review of Legal Aid Alberta is to be complete by October, and any increase to the legal aid tariff to FEGs will need to be part of the fall budget.

“We cannot heed his [Shandro’s] requests for patience. You have had our patience for too many years. Equal access to justice cannot wait any longer and certainly cannot wait until 2023,” the defence lawyers say.

“We have told Minister Shandro and CEO Panusa that, until they ensure a properly funded legal aid system for all Albertans now, our members will continue to withdraw legal services. Last night, a province-wide meeting of defence lawyers made good on that promise.”

The RDCDLA, as well as the Criminal Defence Lawyers Association (Calgary), the Criminal Trial Lawyers Association (Edmonton), and Southern Alberta Defence Lawyers’ Association, say the job action isn’t taken lightly.

They say it comes at significant personal and financial cost to their membership, because like other small business owners, they have employees, overhead, mortgages and families.

“Many of us are still trying to financially recover from the pandemic when (unlike all others working in the criminal justice system) we were the only ones not receiving steady salaries and benefits,” their statement continues. “But the situation is infinitely more dire for Alberta’s most vulnerable. To continue to prop up a broken legal aid system is to deny those Albertans the legal representation they need and deserve. We cannot sit on our hands and watch access to justice crumble. On behalf of all Albertans, we will continue to do whatever it takes.”

The Opposition NDP released a statement late Thursday afternoon lamenting that the UCP’s failure on this file, in their words, could create further court delays.

“All Albertans deserve fair representation when brought before the courts. This is a cornerstone of our justice system,” said NDP Justice Critic Irfan Sabir.

“The Jordan decision and the COVID-19 pandemic have put considerable pressure on our justice system, already resulting in delays. It’s more important than ever before that we have a properly funded and functional Legal Aid system to help address and alleviate such pressures.”

Sabir notes the NDP committed to a $70 million increase to Legal Aid Alberta’s budget over four years back in October 2018. That would’ve upped LAA’s overall budget to $104 million, but it didn’t happen when the UCP took over in spring 2019.

“Today, the UCP Legal Aid budget is almost $20 million less than what it should be,” said Sabir. “The UCP government cut funding to legal aid and now the relationship with criminal defense lawyers and the legal community is broken and we face a disaster in the court system.”

Sabir has written Shandro calling for him to honour the 2018 agreement signed between LAA and the NDP, immediately release all arrears, and to immediately engage with impacted lawyers’ groups.

rdnewsNOW has reached out to the RDCDLA for further comment.