Alberta's criminal defence lawyers ramp up job action
Defence lawyers across Alberta have stopped taking on new legal aid cases, the latest move in a long battle with the provincial government.
Those cases already before the courts with clients being represented through legal aid will continue but, as of Monday, criminal defence lawyers from three groups across the province will no longer represent new clients.
At issue is the amount legal aid lawyers are paid for their services, the manner in which they are able to bill for their services and the income threshold for people to access legal aid.
"What we're trying to achieve is to bring this obvious point home very strongly to the government as quickly as possible," said Ian Savage president of the Calgary Criminal Defense Lawyers Association (CDLA).
"So they come to their senses, and compensate the lawyers properly and also, keep the access to justice open for the most vulnerable."
Savage says that at the height of the pandemic, when case loads were low, the province took $80 million out of legal aid despite a funding agreement reached in 2018.
"This is the opportunity to rectify that wrong," said Savage. "Did they realize that at that time and do what they needed to do then? No. They scooped the money back from the most vulnerable, and their representatives, and put it back into general coffers."
Savage also maintains the threshold for qualifying for legal aid is too low, saying it bars many Albertans from effective representation in the courts.
"The cut-off point in Alberta is basically $21,000 a year. We're concerned about what we call the 'working poor.' Anyone on minimum wage does not qualify for legal aid," said Savage.
"How are you going to pay for on your own five, 10 or 20 thousand dollars' worth of legal fees? For a two or four-day trial, let alone a three-week trial."
Last week, Alberta Justice Minister Tyler Shandro said no change to legal aid funding would come before the next provincial budget.
Monday, Shandro said the province is currently reviewing legal aid and says satisfying the demands of criminal defence lawyers ahead of its conclusion would undermine the process.
While he says he's sympathetic to the lawyers' position and is willing to discuss future changes, that will only happen after the review is finished.
"We're willing to have conversations about whether there needs to be increases in the tariff or whether there needs to be changes to the financial eligibility guidelines, but I think that's a next step after the review in October is completed,'' Shandro said.
"We've heard the advocacy from the criminal defence bar that there needs to be changes to how they're compensated. That's the next step.''
NDP justice critic Ifran Sabir says the government's fight with defence lawyers puts Albertans at risk, and should be solved immediately.
"This justice minister needs to get to work right away, instead of wasting his time, on things like Alberta provincial police force, which nobody's asking for, and deal with issues like legal aid," Sabir said.
"This job action is not in the interest of anyone. Alberta families – those going through court processes – they will suffer. Our justice system will suffer, and at the end of the day, delivery of justice will suffer."
Mount Royal criminologist Kelly Sundberg says the job action by criminal defence lawyers will have a wider effect than most people realize. Sundberg says it will back up courtrooms and further clog a court system already facing long delays.
"These job actions are going to cause a backlog. If the minister waits until there's the next budget, we're going to see a real crisis in our criminal justice system, I fear," said Sundberg.
"This is going to have a big impact. And I really do think Albertans should take heed to this.
"This is this is serious stuff."
CTVNews.ca Top Stories
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.