Defence lawyers watch Legal Aid negotiations intently

Group has said it will not provide free services beyond what province covers

Defence lawyers in Edmonton who take on Legal Aid cases won’t follow the lead of their Calgary counterparts in halting free work they do in an attempt to force the province to increase funding.

Criminal Trial Lawyers Association president Dan Chivers said while his membership has the same frustrations with a system in “shambles” as the Calgary-based Criminal Defence Lawyers Association, his group is waiting on the outcome of Legal Aid funding negotiations expected to conclude in July.

In an April 16 letter to Justice Minister Kathleen Ganley, the Calgary association put the government on notice that members would stop doing Legal Aid work for free that is beyond what the province currently covers.

The letter likened the Legal Aid system — which provides access to lawyers for people unable to afford to pay counsel — to a “shackled and starving foster child.”

A letter sent to the minister by the Edmonton association echoes the frustrations of the Calgary group, but Chivers said in an interview Monday his group won’t take the same steps — at least not yet.

“We thought it appropriate to publicly remind the government of things we articulated throughout the negotiation process, but we’re not going to join in their action or take further action until we know the results of that negotiation process,” Chivers said.

The tripartite agreement on funding between Legal Aid Alberta, the Law Society of Alberta and the province is expected to be finalized in the summer, and Chivers said he’s hopeful an agreement can be reached that will meet the increased demand for Legal Aid services.

Ganley said Monday that the higher demand, coupled with a drop in provincial revenues, has put the province in an “incredibly challenging ” position.

“We do absolutely take the concerns seriously, and we understand that Legal Aid was so underfunded for so many years that that has created a number of problems,” Ganley said, adding her government has boosting funding by nearly 40 per cent since coming to power.

“It’s certainly by no means perfect yet,” she said.

Chivers said while the extra funding was welcome, it simply hasn’t kept pace with the demand.

Legal Aid has some staff lawyers who work as courtroom-based duty counsel, but more complex cases are taken on by private defence lawyers through a certificate system. According to the association, a 67 per cent increase in certificates given out for adult criminal cases between 2014 and 2016 forced Legal Aid to make some “drastic cuts.”

Asked what effect the Calgary lawyers’ job action may have on funding negotiations, Ganley said she will have to see, but said she will not negotiate in the media out of respect to the law society and Legal Aid.