Lethbridge courthouse, file photo. (Image: Lethbridge News Now)

By David Opinko

New proposed arrangements with Alberta’s prosecutors and legal aid lawyers

Oct 6, 2022 | 12:03 PM

LETHBRIDGE, AB – Two groups of lawyers working in Alberta’s criminal justice system are set to vote on potential new changes.

The Government of Alberta has reached a tentative agreement with the Alberta Crown Attorneys’ Association (ACAA) and has temporarily “modernized” compensation to Legal Aid Alberta (LAA).

ACAA President Dallas Sopko says it is a “relief” to finally have a proposed deal with the province.

“This agreement, the most important aspects of it for our membership, don’t revolve around compensation,” says Sopko. “They more revolve around having sufficient preparation time, having enough prosecutors to properly do the work, and to ensure that there’s the proper mental health supports in place so that our prosecutors stay healthy while they’re doing their job.”

Sopko told LNN that he is most looking forward to having a pilot project for one-on-one counselling services for crown prosecutors that are suffering from vicarious trauma as a result of the work they do.

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Other than cost of living adjustments, he says the tentative agreement does not include any increases to compensation. Salary increases occurred back in May 2022 after the ACAA had threatened to strike.

READ MORE: Alberta Crown prosecutor strike averted

Sopko says his experience working alongside Justice Minister Tyler Shandro for the last six months on coming up with this deal has been positive overall.

Shandro echoed those sentiments.

“I want to thank officials from the civil service and representatives from the Alberta Crown Attorneys’ Association, who worked tirelessly to land an agreement,” says Shandro. “This agreement is the first of its kind in Alberta and an important step forward for Alberta’s justice system.”

The exact dates for a ratification vote with ACAA members have not been set, but Sopko said it should occur within the next couple of weeks.

The situation with legal aid lawyers is a little bit different.

Over the last couple of months, 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”) have taken what they say are “drastic steps” as they increase job action.

Defense lawyers with these associations have agreed to not take on cases for the most serious criminal charges including sexual offences, most firearms-related crimes, and homicides. They are also no longer providing bail-only services, courtroom duty counsel services, complainant counsel services, and cross-examination of complainant services.

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

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

The provincial government has increased the legal aid tariff, financial eligibility guidelines, and block billing by 8.225% for the remainder of this fiscal year until permanent changes can be determined.

Currently, legal aid lawyers get paid $92.40 per billable hour, which is set to increase to $100 per hour as of Friday, October 7, 2022. This will be the first increase to the hourly rate paid to all roster lawyers in Alberta since 2015.

That means Alberta’s legal aid lawyers will be the fourth highest-paid among the Canadian provinces.

Shandro says this will go a long way in resolving long-standing issues with LAA, but admits that more discussions will need to take place.

“With the modernization project on track to conclude this month and increased funding available through the federal government, there is now an opportunity to increase legal aid funding earlier than anticipated,” says Shandro. “Our commitment to review all aspects of legal aid funding remains in place. This in-year funding increase is a first step and we look forward to the results of the modernization project and the results of the comprehensive review.”

In a media release from the defense lawyers’ associations, they say the increase marks a “modicum of progress,” but does not even account for rising inflation over the last seven years.

The changes to the legal aid system also impacts who can qualify for free legal aid assistance as people with household incomes of more than $41,270.52 will be unable to apply.

Legal aid members are expected to vote next week on whether the pay increases are enough to get them back to work.

READ MORE: Lethbridge News Now

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