Legal Aid should be expanded, not reduced

Quality representation is essential to our justice system,

It has recently become apparent that Legal Aid in Saskatoon is being restructured and (essentially) cut. Six staff are being laid off, three lawyer positions will be left unfilled, and 3,300 recent arrest files will be farmed out to private lawyers. Legal Aid has provided statements to the effect that these changes are to make Legal Aid more “flexible,” though the union representing Legal Aid employees has stated that they have been told that the cuts are due to “personnel issues.” Private lawyers in Saskatoon have expressed concerns about a lack of consultation and whether the proposed partial privatization will be workable or effective.

Throughout the saga, the CEO of Legal Aid has asserted that Legal Aid is adequately funded.

However, last Thursday a provincial court judge noted a “systemic shortage” of Legal Aid lawyers in Saskatoon, linking this shortage to the suffering of people sitting in jail awaiting trial.

It is difficult to accept the assertion that Legal Aid is adequately funded. It is common knowledge in the legal community that Legal Aid lawyers are overworked, with each lawyer handling hundreds of files a year, many involving complex legal and social issues. Furthermore, Legal Aid’s restrictive income eligibility and scope of service requirements mean that increasing numbers of vulnerable people are left to navigate the complicated justice system on their own. In Saskatchewan, a single person earning more than $11,820 is ineligible for Legal Aid; as such, a person earning more than $1,000 per month is expected to find the money to hire a lawyer or represent themselves.

Inadequate Legal Aid availability is especially concerning because people living on low incomes and members of vulnerable groups are disproportionately impacted by the justice system. Indeed, as stated in a report spearheaded by former Supreme Court of Canada Justice Thomas Cromwell: “Individuals with lower incomes and members of vulnerable groups experience more legal problems than higher income earners and members of more secure groups.”

In Saskatchewan, Indigenous people are disproportionately impacted, contributing to the high rates of incarceration that has been referred to as the “new residential schools.”

Now is the time for properly funded and expanded legal aid in Saskatchewan. Accessible, quality Legal Aid representation is an essential part of a properly functioning justice system. Without the ability to meaningfully access the justice system, people may be forced to compromise or forfeit their rights. Legal Aid lawyers work to protect people’s rights and uphold the rule of law: This is essential for the proper functioning of a democratic society.

Furthermore, investing in Legal Aid is a wise strategy from a financial perspective. Studies have shown that investment in Legal Aid can prevent cascading costs elsewhere in the system caused by unresolved legal problems. Research has shown that for every $1 spent on Legal Aid, there are savings from $1.60 to $30. Based on this data, the Canadian Bar Association has concluded that the “inadequate funding of legal aid services is costly and not a cost-saving.”

Legal Aid in Saskatchewan should be properly funded (and expanded) in the interests of justice, and also because it is the fiscally smart thing to do.

The proposed cuts and restructuring move Legal Aid in the opposite direction. Buhler is associate professor at the University of Saskatchewan College of Law.

It is common knowledge in the legal community that Legal Aid lawyers are overworked.