The organization representing Alberta's criminal defense attorneys says its members are ready to do more next month to draw more attention to the legal aid system's breakdown. says.
"Defense Attorneys Will Deny Full Legal Aid Files Starting Sept. 1," Criminal Defense Lawyers Association (CDLA), Criminal Justice Lawyers Association (CTLA) , the Southern Alberta Defense Lawyers Association (SADL), and the Red Deer Criminal Lawyers Association (RDCDLA) said Thursday. They will also reject new legal aid files containing the most serious offenses – those classified by Legal Aid Alberta as Level 2.5 or Level 3 offenses. This includes firearms-related crimes, all homicides, and dangerous criminal proceedings.
“In order not to penalize existing clients, this job action requires members to It does not include revocation of previously accepted Level 2.5 or Level 3 certificates and should not affect the dates of already scheduled public hearings.
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"This action is not taken lightly. It is a huge personal and financial burden to our members."
READ MORE: Alberta Criminal Defense Lawyers 'Work Hard' on Job Behavior
Group Says They They will expand some of their mandates after a meeting with Justice Minister Tyler Shandro, who issued a statement a week after announcing that they would. At the time, they said they would continue to deny bail-only services, barrister services, plaintiffs attorney services (under Section 276 of the Penal Code) and legal aid files requiring cross-examination until Sept. 2.
"This summer, members of Alberta's four defense bar associations united for equal access to justice in all Alberta," read part of a statement Thursday. increase. “To highlight the permanent lack of funding for Alberta Legal Aid, we began discontinuing services on August 8, 2022. The lack of funding is a national problem.”
The Group told Shandro and Alberta Legal Aid CEO John Panusa that the state now has a “unique opportunity.” said he told me.
"With budget surpluses and a strong economy, now is the time for a comprehensive review," the group said. "Decades of tariffs on attorneys' fees, disgraceful financial eligibility guidelines, and truly enlightened changes to the political habits of underfunding have made Alberta one of the most vulnerable people in society.
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said the letter showed their pleas "did not listen."
A spokesperson for the Alberta government provided Global News with a copy of Shandro's letter on Thursday.
"Thank you for the opportunity to hear your concerns and suggestions directly," the letter read. “While there is room for progress and we are committed to working with you to achieve improvement, the Government of Alberta has increased funding to Legal Aid Alberta by 47% since 2015. Economic conditions, and government priorities.”
Despite Chandlo citing increased funding since 2015, his United Conservative Party won power in 2019. just established. In 2019 he's $104.1 million to 2020 he's $91.8 million. Despite reduced government funding, Alberta Legal Aid's total revenues actually fell between 2019 and 2020 thanks to grants provided by the non-profit Alberta Law Foundation. slightly increased.
READ MORE: Defense Attorney Begins Shutdown to Protest 'Permanent Shortage of Funds' in Alberta Legal Aid
Free attorneys in criminal and family courts for all Albertans, and Alberta's presumed legal aid eligibility for guaranteed income for severely disabled individuals are important aspects of our system." reads Shandro's letter. We have always had funding to access services due to lack of funds.”
Mr. Shandro said groups should urgently develop hourly legal aid tariffs and guidelines on financial eligibility. I acknowledged that I have expressed the need to raise.
"(Panusa) took this opportunity to highlight the excellent work underway through the redesign of the LAA and the significant service delivery improvements that have been made during the pandemic," the letter read. I'm here. “I would like to reiterate the importance of completing the current modernization review that the LAA is undertaking to inform comprehensive policy decisions on tariffs.
“The LAA is committed to this work.
“As discussed, the legal aid fee or FEG increase should be completed as part of the fall. Budget Submission The LAA and my Department will work together to initiate this comprehensive process and we welcome your feedback on this process. When we have corroborative evidence, we will use that evidence to file with the Treasury Department.”
READ MORE: Legal Aid Lawyers Step Up Activities in Alberta
Opposition judicial commentator Irfan Sabir released a statement on the situation via news released Thursday.
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"Every Albertan deserves fair representation when brought to court. This is the foundation of our justice system," he said. “The Jordanian decision and the COVID-19 pandemic have put considerable pressure on our justice system and are already causing delays.
, it is more important than ever to have a well-funded and functioning legal aid system.”
Sabir said that the NDP government will provide the LAA with $70 million in funding over four years. , pointing out to Mr. Shandro that he honored the deal and "worked immediately with the affected group of attorneys to reach an agreement that was fair, reasonable, and comparable to other states."
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