Trial lawyers in Alberta are planning a protest today at courthouses in Alberta to announce they will no accept new legal aid files until the province reopens an agreement that governs the system.--News Photo Collin Gallant
cgallant@medicinehatnews.com@CollinGallant
Defence lawyers in southern Alberta will join a protest against legal aid funding levels by refusing all new clients in that system starting Monday.
Attorneys plan to gather at courthouse steps this morning to highlight what they say is inaction on the part of the government to address their concerns.
However, that will not include Medicine Hat, where the association estimates such cases represent up to two-thirds of individuals in the local court system.
That’s because almost no lawyers who are based in Medicine Hat take on legal aid work, say officials who cited low compensation levels as a factor.
“The reason is that the legal aid agreement isn’t fair to lawyers,” said attorney Greg White, of the Lethbridge-based firm Dietrich White & Roberts.
He does legal aid cases in Medicine Hat, has a satellite office here and spends one in-person court day per week in the Hat.
“The majority of Lethbridge lawyers take on a certain volume of legal aid, along with private retainers,” he said. “We represent a significant amount of legal aide clients.
“What you’re seeing in Medicine Hat, the majority of legal aid clients in Medicine Hat are using lawyers in other locations. Lawyers from Lethbridge or Calgary, who come to Medicine Hat on a regular basis to represent clients.”
White said the more local the client-lawyer relationship is, the fewer problems with scheduling occur and the better the representation, considering familiarity with local prosecutors and judges. That leads to a more efficient court system, said White, while meeting the obligation to protect an accused person’s legal rights.
Low-income Albertans who face criminal charges can qualify for legal aid funding of their defence, which is charged back to the province by private practice defence lawyers. A single person must earn less than $1,668 per month, or $20,000 per year, to qualify. The level for those in a two-person household is $24,800 annually.
That is too low to ensure equal access to justice, according to the trial lawyers associations in Calgary, Edmonton, Red Deer and southern Alberta.
Remuneration involves firms charging against a set schedule of charges, which trial lawyers say is out of date.
They say more funding is needed.
“Justice Minister Tyler Shandro has decided to ignore the fact that Alberta’s courts cannot properly function when his government cuts off help for our most vulnerable citizens and refuses to offer fair compensation to skilled professionals for their services,” read a joint statement.
“The reality is current economic changes have created a situation where Alberta’s legal aid system can no longer meet the needs of justice without immediate changes.”
At the beginning of September, members of the association began refusing to accept bail and some referrals from duty counsel. They also staged a 90-minute walkout by refusing to attend court on legal aid-related matters.
On Sept. 26, members of the association will not accept any newly assigned cases after an “overwhelming majority” of members supported the move, according to a release.
Last spring, members of the provincial Crown prosecutors received a raise after announcing they were considering job action.
