Toronto Star

Cuts to leave refugees lawyerless

Plan would stop Legal Aid from representi­ng asylum seekers who come from ‘safe’ countries

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

Most refugees coming from countries Ottawa has deemed “safe” will no longer be entitled to free legal representa­tion at their hearings, under a proposal put forward by Legal Aid Ontario.

Refugee lawyers are up in arms over the plan, saying it will jeopardize the outcome for those who need proper legal advice the most.

The plan is to stop paying lawyers to prepare and appear at asylum hearings for refugees from the 35 designated “safe” countries, who now face expedited processing and removal.

Last fall, Legal Aid Ontario implemente­d other cutbacks by limiting the hours it will cover for lawyers to research and prepare refugee appeals at the federal court.

Now, it has proposed to defund legal representa­tion at refugee hearings for “most” asylum seekers from the designated countries — democratic nations deemed capable of state protection. For others, Legal Aid says it will cover the hearing “in some cases.”

It is said Legal Aid hopes to reduce the number of legal aid certificat­es issued to refugee cases by 40 per cent, from about 13,000 a year.

The changes are still under discussion but could come as soon as this spring, said the Refugee Lawyers Associatio­n of Ontario, which launched a public campaign Thursday calling on the province to reject the cutbacks.

“Ontario should not risk having this marginaliz­ed group being denied access to justice,” said lawyer Maureen Silcoff, chair of the associatio­n’s access to justice committee.

“At this time, when refugee laws have become more restrictiv­e than ever, and when people have to move faster than ever to prepare their claims, Legal Aid should be stepping up to ensure that refugees have legal representa­tion, rather than compoundin­g their difficulti­es in having their claims heard.”

Last year, Legal Aid Ontario spent $21 million of its $300-million-plus annual budget on cases involving refugees and immigrants.

“LAO has been facing significan­t budget pressures in the last several years and will continue to do so for the foreseeabl­e future,” the organizati­on said in a consultati­on paper.

“Failure to address LAO’s budget pressures forthright­ly and thoughtful­ly will likely result in more serious consequenc­es for clients and client services in the future.”

One concern for the lawyers is the proposal to use paralegals — who must work under supervisio­n of practising lawyers — to directly represent refugee claimants, an idea that irks even Legal Aid’s own legal clinics.

“It goes without saying that it would be irresponsi­ble for a clinic to agree to take on a refugee case without the capacity to do so, as it would surely lead to inadequate representa­tion,” the Inter-Clinic Immigratio­n Working Group said in its submission in response to the cutbacks.

“While working in collaborat­ion with community agencies, paralegals and consultant­s (where appropriat­e) is always important, and innovation should be encouraged, these efforts cannot replace direct legal representa­tion by a lawyer in an area like refugee law.”

The number of applicatio­ns Legal Aid is receiving has actually dropped by 60 per cent since Dec. 15, according to spokespers­on Kristian Justesen.

This may reflect a 70-per-cent drop in asylum claims over past years since an expedited refugee determinat­ion system took effect, which forces claimants to prepare their initial paperwork in just 15 days rather than 28, streams refugees according to country of origin, sets short timelines for claims to be heard and creates a new agency to hear appeals. A toll-free phone service offers help to eligible refugee clients in more than 200 languages, and a new refugee law section was posted in December to guide them toward legal assistance, Justesen noted. Refugee Alfonso Mejia-Arias, 51, received 16 hours of legal aid — at about $110 an hour — for his asylum case, which was based on persecutio­n by corrupt officials. His claim was accepted by the refugee board in 2011. “Refugees flee with nothing. We have no knowledge of the refugee system. It would be impossible for us to represent ourselves at hearings,” said the former journalist and musician, who came here with his wife and son in 2007 from Mexico, a country Ottawa designated in February as a “safe” nation. “I have worked as a cook and in packaging in Canada, but I wouldn’t be able to afford a lawyer. And if you got a crook to represent you, it would lead to disastrous results.”

 ??  ?? Alfonso Mejia-Arias, with his wife, Clara, and their son, Alfonso, says he could not afford a lawyer.
Alfonso Mejia-Arias, with his wife, Clara, and their son, Alfonso, says he could not afford a lawyer.

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