NDP, province spar over legal aid funding
Saskatchewan squabble set off by Alberta boosting funds to similar legal agency
The Saskatchewan NDP is calling on the provincial government to review Legal Aid Saskatchewan’s funding in the wake of an announcement that the Alberta government will pour $70 million into its version of the organization during the next four years.
NDP Justice Critic Nicole Sarauer said investment sends a signal that Alberta’s NDP government is taking legal services for vulnerable people seriously, and is committed to keeping them from “falling through the cracks” in the justice system.
“The longer the Sask. Party continues to ignore Legal Aid, and continues to stagnate and underfund Legal Aid, the larger the impact there will be to our justice system,” said Sarauer, a lawyer who occasionally does pro bono work for indigent people.
Sarauer’s view corresponds with that of lawyers across the province’s justice system, who have said they believe the agency is underfunded and its staff overworked — a point Legal Aid Saskatchewan’s chief executive has disputed.
Justice Minister Don Morgan, who ran Legal Aid Saskatchewan from 1988 to 1992, also disputed that assessment. He said Saskatchewan spends more per capita than Alberta on Legal Aid, and the new money will help Legal Aid Alberta catch up.
“The cost per case in our province is far less than it is in Alberta,” Morgan said, referring to the fact that Legal Aid Saskatchewan relies heavily on staff lawyers while its counterpart in Alberta contracts much of its work out to private counsel.
“I’m glad Alberta is making an investment, because it means they will be able to provide services that are close to what we have been providing in Saskatchewan since the 1980s,” Morgan added.
A review of both agencies’ latest annual reports shows legal aid revenues of $25.7 million, or about $22.15 per person, in Saskatchewan compared to $87.7 million, or about $20.75 per person, in Alberta, not including the new funds.
Sarauer acknowledged that direct comparisons are difficult because the agencies are structured differently, offer different services and deliver them differently, but said there is one “clear and easy” comparison.
Alberta has made legal aid a priority (and) has actually looked at legal aid and determined, ‘What can we do?’
“Alberta has made legal aid a priority (and) has actually looked at legal aid and determined, ‘What can we do? How can we better invest in legal aid to improve the services in our province?’ And we’re seeing the opposite from the Sask. Party.”
Morgan also took exception to that, pointing out that the provincial government directed an additional $1 million to the agency last year — increasing its revenue, virtually all of which comes from provincial taxpayers, to $25.7 million.
“We’ve gone up a huge amount from when we formed government and we’ll continue to raise it,” Morgan said.
Legal Aid Saskatchewan has been in turmoil since June, when its leadership unveiled plans to merge its criminal and family law offices in Saskatoon and farm out thousands of “duty counsel” files to members of the private bar.
While the agency insists the shift is necessary to keep people accused of crimes off remand, Canadian Union of Public Employees Local 1949 — which represents Saskatchewan Legal Aid lawyers and staff — has been highly critical of the changes.
Morgan declined to comment on what he deemed “operational” matters, except to express commitment to the staff-based model.
The Saskatchewan Labour Relations Board on Wednesday began hearing an unfair labour practices complaint filed by the union in relation to the restructuring. The board previously dismissed the union’s request to immediately halt the restructuring.
In her opening statement to the tribunal, CUPE Local 1949’s lawyer, Crystal Norbeck, said the union alleges that the agency failed in its duty to bargain the changes with employees before enacting them, and failed to bargain in good faith.
“This was the plan, and it was simply rolled out to the union,” she said.
Kevin Wilson, the lawyer representing Saskatchewan Legal Aid, said in his opening remarks that the changes affected less than five per cent of the union’s roughly 130 members and were permitted by the now-expired collective agreement.
He said the unfair labour practice complaint was part of the union’s “public campaign” to block the changes.
The hearing ran Wednesday and Thursday, and is anticipated to resume at a later date.