Lawyer group urges government to restore legal aid funding

Canadian Bar Association calls for a return to 1995 levels

Canada’s justice system has become out of reach for many of those who need it most, according to a new report by the Canadian Bar Association that calls on the federal government to restore legal aid funding to the level it was at in the mid-1990s as part of a systemic overhaul to be completed by 2030.

The summary report released Sunday at the organization’s annual convention said while legal aid funding has increased over the last five years, it’s still down about 20 per cent overall compared to pre-1994 levels.

Further, the federal government has gradually reduced its share of funding for both criminal and civil legal aid. Up until 1995, the report argues, the federal government split the cost with the provinces and territories 5050. It now contributes just 20 to 30 per cent of the cost.

The report calls on the government to return to 50 per cent cost sharing in criminal matters and to establish a “dedicated” contribution to civil legal aid. It also calls for legal aid services to be expanded and improved.

“The reduction in federal spending overall, increased complexity in the substantive law and growing demands for criminal legal aid have placed pressure on legal aid providers to ration services — in a way often inconsistent with the general purpose and public policy values underlying the program,” says the report.

The lack of access to legal assistance, the report says, has resulted in a spike in the number of unrepresented litigants. While most pronounced in family court, it’s estimated that 10-80 per cent — depending on the court and subject matter — of litigants represent themselves.

It means court staff are more often forced to “walk a fine line” between providing legal information and advice — the latter of which they’re forbidden from providing, says the report. Studies also suggest “unrepresented parties” lose their cases more often and more severely than those with representation and that self-help legal services only really benefit those with “higher levels of literacy.” The growth of unrepresented litigants, the report adds, has also led to an entire pro bono industry.

“When people receive appropriate assistance in reading and preparing documents and making arguments, or get timely legal advice and representation, it saves public money in the long run and results in better outcomes,” the report says. “Plus, the overall justice system functions more smoothly and effectively, to everyone’s benefit.”