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Defense lawyers no longer taking on serious cases as job action ramps up

Sep 1, 2022 | 3:28 PM

LETHBRIDGE, AB – Many defense lawyers across Alberta are sending a message to the provincial government that enough is enough.

Members of the Criminal Defence Lawyers Association (Calgary) (“CDLA”), the Criminal Trial Lawyers Association (Edmonton) (“CTLA”), the Southern Alberta Defence Lawyers’ Association (“SADL”), and the Red Deer Criminal Lawyers Association (“RDCDLA”) are taking what they say are “drastic steps” as they increase job action.

SADL President Greg White says legal aid in Alberta has been severely underfunded for many years now and, despite the scope of their work increasing, pay has not followed.

When a person is unable to afford a private lawyer, they can apply to have a legal aid lawyer represent them at no cost. The lawyers are compensated through the provincial government’s legal aid tariff.

White says the tariff in Alberta is significantly smaller than in other provinces.

“The base rate in Alberta is $92.40 an hour. When you compare that with other provinces, other provinces have a base rate for the lowest-paid lawyers in those provinces of over $120,” says White.

Because of the lower tariffs, he told LNN that many lawyers have opted to leave Alberta and find higher-paying jobs elsewhere in Canada.

That is why some members of the various defence lawyer’s associations will be attending picket rallies outside of the Calgary and Edmonton courthouses on Friday, September 2, 2022.

“The meetings are to show what courtrooms will look like in the future if this problem is not fixed because there won’t be the lawyers there representing people anymore,” explains White.

Effective September 1, 2022, White says defense lawyers will begin to refuse to take on cases for the most serious criminal charges including sexual offences, most firearms-related crimes, and homicides.

“They will have to proceed through the courts, but unfortunately, persons will be unrepresented,” says White. “It will cause a significant backlog in the courts and it’ll cause persons to not be able to properly defend themselves.”

“The law in Canada is so complex right now regarding sex assaults that, it’s my opinion, that very few persons could properly represent themselves in a sex assault case,” White adds.

Even the victims of sexual assaults, who are normally entitled to legal representation if they wish to have it, will not have that option during the job action period.

White says these are significant measures and ones they do not take lightly but are necessary to secure a fair deal that is closer in line to what defense lawyers elsewhere in Canada have.

“I’m hoping that our job action will inspire the heads of legal aid and the Ministry of Justice to do what they need to do to solve this problem right now.”

The latest round of job action is in addition to steps taken on August 8, 2022. That saw defense lawyers cease to provide bail-only services, courtroom duty counsel services, complainant counsel services, and cross-examination of complainant services.

Legal Aid Alberta (LAA) says they have been able to weather the effects of job action so far thanks to support coming from both inside and outside of their organization.

“LAA is continuing to take all reasonable steps to minimize service disruptions and ensure Albertans who need legal aid are supported,” reads a statement from LAA dated August 31, 2022. “We are adjusting operations accordingly to prioritize those who are in the most disadvantaged situations. As you know, demand for legal help never stops.”

Justice Minister Tyler Shandro says any increases to the legal aid tariff must be completed as part of the fall budget submission and that, if there is evidence to support increasing the rate paid to defense lawyers, his office will submit that request to the Treasury Board.

Shando continues to state, “John Panusa, CEO of LAA has publicly stated that they have all required funding necessary to ensure uninterrupted access to justice and that no Albertans will go without legal aid services as a result of this job action.”

Defense Attorneys are not the only group of legal professionals who are hopeful to negotiate a better deal. Earlier this year, the Alberta Crown Attorneys’ Association narrowly avoided job action in May of 2022.

READ MORE: Defense lawyers across the province set to increase job action

READ MORE: Alberta Crown prosecutor strike averted

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