Edmonton Journal

Legal aid services to cover more Albertans

Some civil-law functions dropped to shore up areas of greatest need

- JODIE SINNEMA jsinnema@edmontonjo­urnal.com twitter.com/jodiesinne­ma

More people will be eligible for legal aid while the Alberta government reviews the program that supplies legal service to those with low incomes.

The government-led review will start mid-December and will look at the affordabil­ity and sustainabi­lity of legal aid, its governance model, what services Legal Aid Alberta should offer, financial eligibilit­y guidelines for clients, and pay for lawyers.

It will also suggest a long-term strategy to deal with court orders for publicly funded representa­tion.

“The current structure and delivery of legal aid is struggling to meet the challenges of a growing population,” Justice Minister Kathleen Ganley said Wednesday. On a recent day, Legal Aid Alberta fielded 1,100 phone calls, compared to last year’s daily average of 600. Between July and September, the society saw a 33-per-cent increase in certificat­es issued for legal representa­tion.

“We want to make sure we are protecting the most vulnerable Albertans by provided adequate access to legal services,” Ganley said.

“At the same time, we also have a responsibi­lity to ensure that tax dollars are spent prudently.”

During the review, Legal Aid Alberta will use its current $66-million annual budget — $55.2 from the province and $10.8 million from the federal government — to focus on key areas to make the dollars stretch farther.

It will stop providing informatio­n, referral and brief services, and representa­tion for some civil law matters, so it can spend more on areas of greatest need, including criminal law, family and child welfare and immigratio­n matters.

On an interim basis, lawyers offering legal aid will be paid $92.40 per hour, up from the current $84, one of the lowest provincial levels.

More Albertans will also qualify for legal aid, as the financial eligibilit­y threshold rises three per cent.

A family of four, for instance, will be eligible for services if it earns $37,434 annually, up from $36,344.

“This will reduce the number of individual­s forced to represent themselves or make applicatio­ns for court-ordered counsel and help decrease delay and the strain on individual­s and the courts,” a statement from Legal Aid Alberta says. The office will expand family duty counsel to Fort McMurray, Grande Prairie, St. Paul, Wetaskiwin, Red Deer and Medicine Hat. Such services are currently available in Edmonton, Calgary and on the Siksika Nation southeast of Calgary.

The Legal Aid Alberta office is introducin­g a new administra­tion process to better deal with people denied services because they exceed the financial thresholds.

The new system will also shorten the time it takes for a lawyer to be appointed and reduce the need for people and lawyers to apply through the court.

Legal Aid Alberta said it will cooperate with the government-led review as long as experts and those affected are consulted.

Ganley said a comprehens­ive consultati­on process will kick off with interviews, focus groups, online surveys and written submission­s.

The review is expected to cost less than $100,000 and be finished by spring 2016.

“We will be guided by what’s in the best interest of clients, the administra­tion of justice and all Albertans,” Ganley said.

The current structure and delivery of legal aid is struggling to meet the challenges of a growing population.

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