Authored by Mackenzie Coleman, Law Student, University of Alberta, Faculty of Law
Legal aid programs are a significant component of access to justice. For many individuals, publicly funded legal services are crucial to support their right to liberty and security of person under the Charter of Rights and Freedoms.[1] Along with this, legal aid is necessary for the Canadian justice system to function. The Canadian adversarial system requires access to lawyers for both sides. Without legal aid, one party may not be able to access their rights which may result in an unfair trial.[2]
However, Legal Aid Alberta may soon be unable to provide legal aid services as they are in the midst of shutdown negotiations. On June 30th, the three-party agreement between the Legal Aid Society, the Alberta Government, and the Law Society of Alberta expired. The agreement was not renewed and instead, the Deputy Minister of Justice proposed a new agreement between the Minister of Justice and the Legal Aid Society.[3] Legal Aid Alberta did not accept the new agreement because it felt its independence and ability to deliver services would be significantly hindered. Without a new agreement being signed, July 9th could have been the last day in which Legal Aid Alberta was able to perform services. However, on July 5th, the Minister of Justice, Legal Aid Alberta, and the Law Society of Alberta announced that the previous agreement would be extended until September 5th with negotiations continuing.[4] The extension will allow the parties time to negotiate a new Governance Agreement which focuses on long term solutions and prioritizes Legal Aid Alberta’s independence.[5]
Legal Aid Alberta’s budget is the main reason why there needs to be a new negotiated agreement. Over the past nine years, legal aid funding has almost doubled from “$66 million in 2015 to $110 million in the last budget with projected expenditures over $138 million”.[6] Alberta’s Minister of Justice Mickey Amery says that the increase in expenditures is unstainable. Amery says that what is “even more puzzling to our government is the fact that despite this massive increase in funding, Legal Aid Alberta is not materially expanding the number of clients it serves, nor is it being forthcoming with a credible explanation or details as to why this is the case”.[7] Amery, and the government of Alberta, hope that the new agreement increases financial accountability, transparency, and sustainability while also allowing Legal Aid Alberta to provide independent legal advice to its clients.
Paul Moreau, president of the Criminal Trial Lawyers’ Association, states that the proper allocation of funds was already examined and scrutinized in the previous governance agreements. Moreau is concerned that the proposed agreement will lower Legal Aid Alberta’s independence and instead give the Minister of Justice control over the funding decisions for legal aid cases and projects.[8]
If Legal Aid Alberta stops its services, “chaos” will occur in first-appearance docket courts.[9] Lawyers will withdraw from current cases because their legal aid fees will go unpaid. Judges will postpone cases where the accused does not have representation. As a result, there will be massive delays and “because of R v Jordan’s ceiling of 18 and 30 months for provincial and superior court cases, many accused people charged with serious crimes will be acquitted [technically, the charges against them will be stayed]”.[10]
Legal Aid is important beyond the criminal context. The Alberta Family Lawyers Association released a statement which says that “on the terms of the government’s last-minute ultimatum, this fundamental principle would be destroyed. The impacts of this change will be greater than just affecting criminal defence matters. Legal aid funding affects the administration of family law, child welfare and immigration matters as well”.[11] The statement goes on to say that “the disruption in the delivery of legal aid, and possible elimination of essential legal services for vulnerable Albertans, will put the administration of justice in Alberta into a state of chaos.”[12]
Unless some sort of resolution is met, the impacts on access to justice could be severe. If low-income Albertans cannot access legal aid services, they will have to represent themselves in court. This is not only limiting their access to the justice system, but it will also likely lead to further delays in court – which is another important access to justice issue. According to the 2023-2024 Annual Report from Legal Aid Alberta “37,000 Albertans applied for legal services, and 33,500 of them were approved. Thousands more were assisted by Legal Aid counsel in court. Legal Aid Alberta’s bail lawyers completed more than 30,000 hearings. The average person receiving assistance makes less than $10,000 per year”.[13]
By September, a new agreement will most likely be reached so Legal Aid Alberta can continue its services. How the new negotiated agreement will affect Alberta is yet to be seen.
[1] EqualJustice, “Providing Legal Services”, online (blog):< https://www.cba.org/CBA-Equal-Justice/Resources/Advocacy-Guide/Providing-Legal-Services#:~:text=Without%20adequate%20publicly%20funded%20legal,and%20Freedoms%20a%20fairy%20tale>.
[2] Beverly McLachlin, “Legal Aid: A critically important part of our justice system” (July 2019), online (blog): https://www.justicedevelopmentgoals.ca/blog/legal-aid-a-critically-important-part-of-our-justice-system.
[3] Ibid.
[4] Phil Heidenreich, “Lawyers say Alberta government’s failure to sign deal threatens legal aid services” (3 July 2024online: <https://globalnews.ca/news/10601620/legal-aid-alberta-governance-agreement-services/>.
[5] Legal Aid Alberta, “Governance Agreement Respecting Legal Aid Extended, Negotiations to Resume”, online: <https://www.legalaid.ab.ca/roster-resources/roster-updates/governance-agreement-respecting-legal-aid-extended/>.
[6] Ibid.
[7] Paul Cowley, “Legal aid lawyers fear service could shut down” (3 July 2024), online: <https://www.reddeeradvocate.com/home/legal-aid-lawyers-fear-service-could-shut-down-7425195>.
[8] Supra note 4.
[9] Aidan Macnab, “Legal Aid Alberta to shut down unless province reopens negotiations on governance agreement”, online: <https://www.canadianlawyermag.com/resources/professional-regulation/legal-aid-alberta-to-shut-down-unless-province-reopens-negotiations-on-governance-agreement/387147>.
[10] Ibid.
[11]Supra note 4.
[12] Supra note 4.
[13] Isaac Lamoureux, “Legal Aid Alberta faces potential shutdown as province ends funding agreement” (3 July 2024), online: https://tnc.news/2024/07/03/legal-aid-alberta-shutdown-province-funding/.
The views expressed in these blogs do not necessarily reflect the views of the Faculty of Law at the University of Manitoba and should not be construed as legal advice or endorsement.