Alberta defence lawyers take job action to protest legal aid underfunding
Defence lawyers in Alberta will not be taking on certain legal aid cases over the next two weeks to push the government to correct what they call “perpetual underfunding” of the system.
Jaymie Petty has used legal aid before and says the process isn’t easy.
“You almost feel like you already lost the battle,” she told CTV News.
Petty is currently going through a custody battle and says if she didn’t have her parents’ financial support, she would likely still be waiting for a lawyer through legal aid.
For the next two weeks, more than 100 defence lawyers will not be providing bail only services, courtroom duty counsel services, complainant counsel services and cross-examination of complainant services for Legal Aid Alberta.
While Petty said she understands their concerns, she worries about how this could impact people who rely on it.
“To know that someone like me is going to have to wait an extra two weeks on top of the already huge wait to get a lawyer, it’s terrifying. I feel extremely scared and sad for them,” she said.
The Criminal Defence Lawyers Association, the Criminal Trial Lawyers’ Association and the Southern Alberta Defence Lawyers’ Association are behind the work stoppage.
DISAPPOINTING MEETING WITH JUSTICE MINISTER
Alberta’s justice minister met with them on Monday.
Ian Savage, president of the Criminal Defence Lawyers Association, was there and called the meeting “disappointing” as no immediate action was taken.
Tyler Shandro. (File photo.)
“Compensate the defence lawyers just like they properly compensate the prosecutors and the judges for the work that needs to be done in this system because you can’t have a justice system without defence lawyers,” he said.
Minister Tyler Shandro isn’t opposed to a budget bump, but a review won’t happen until next year.
According to the Ministry of Justice, funding has already increased 47 per cent since 2015.
However, the lawyers say Legal Aid Alberta received nearly $55 million less than what was promised between 2020 and 2022.
“The only way that they can function is by paying experienced lawyers $25 an hour effectively to do exceptional work,” Savage said.
As a result, he said the quality of services has gone down.
“Our defence bar has been decimated by people leaving and by burnout. As a result, the level of experienced lawyers has significantly decreased, which means that for all those serious cases out there, people are not getting proper service,” Savage said.
Another two weeks of job action will happen in September if the province refuses to meet lawyers’ requests.
“We’re serious and we’re not giving up this time,” Savage said.
The Alberta Crown Attorneys’ Association hopes it doesn’t come to that.
“Any withdrawal of services is concerning for the justice system and for our association because it undermines the efficiency of the court system and the likelihood of just outcomes,” said Dallas Sopko, president of the association.
When crown prosecutors threatened job action earlier this year, the government increased their salaries within weeks.
Lisa Silver, a law professor at the University of Calgary, said it’s important the justice system is properly funded.
“If you want to see a healthy justice system, if you want to see trial fairness, if you want to see matters be prosecuted and defended within a reasonable time — and that’s of concern for every citizen — then, you have to fund legal aid properly,” she said.
Minister Shandro said work is already underway to modernize the legal aid tariff in the province. Results from that review will be available in the fall.
“We recognize and respect the importance of the work criminal lawyers do, and we are committed to working with our justice partners to make sure Albertans have access to publicly funded legal services in our province,” a statement from his office said.
On top of funding concerns, Alberta defence lawyer groups are also calling for expanded eligibility for legal aid.
Right now, there are more than 60,000 legal aid cases in Alberta. About 3,500 involve youth aged 12 to 17.
CTVNews.ca Top Stories
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.