Legal Aid Alberta warns services will stop next week without contract

Legal Aid Alberta says vulnerable Albertans who need to access its services won’t be able to do so in less than a week, after the province dropped the ball in talks to renew a governance agreement that expired on June 30.

In a letter dated Tuesday, 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), say they were “shocked” and “appalled” to learn the government didn’t sign the new Legal Aid Governance Agreement.

The groups explain that for the last 50 years, a form of agreement such as the one in question, has safeguarded the operation of the independent organization that provides legal services to the most vulnerable Albertans.

They claim the terms and conditions of this agreement were negotiated over several months with all parties seeming to act in good faith.

But, in recent days, lawyers in the province say the government cancelled plans to sign the new Legal Aid Governance Agreement that “was followed by silence before a last-minute ultimatum that would fundamentally change who controlled the delivery of legal aid services in Alberta.”

Legal Aid Alberta says services will no longer be offered as of July 9 due to the government’s actions.

“This will inevitably trigger a complete breakdown of an already overtaxed and under resourced system,” the group says. “The impact will be felt more sharply by those over-represented in the criminal justice system and more likely to be financially disavantaged such as those who are LGBTQS+, racialized, and mentally vulnerable.”

“Where does it all go? I can’t even predict. But there will be chaos in the courts,” explained Paul Moreau, president of the Criminal Trial Lawyers Association.

Moreau is stunned by the province’s proposal saying it would completely change how legal aid has been done in Alberta for the past 50 years.

“It vests absolute and complete control in the minister over how legal aid spends its money, what cases it will cover, what cases it will not cover. It is revocable on 30 days notice for any reason or no reason.”

Alberta’s Ministry of Justice says in a statement it is committed to working with Legal Aid Alberta to make sure it’s well-funded so it can provide high-quality services.

“It is also imperative that we are responsible stewards of taxpayer dollars, and that funding is being spent with the best interests of Albertans in mind,” Minister Mickey Amery’s office said. “We are working diligently to put in place an interim grant agreement that will ensure Legal Aid Alberta receives the necessary funding to maintain their operations.”

The province claims that as of the end of May, Legal Aid Alberta had a cash balance of over $82.1 million.

According to the government, a $27.5 million is also being given to Legal Aid while it waits for the completion and return of a grant agreement, proposed in place of a new governnance agreement.

“We are confident the funds we have already provided Legal Aid Alberta are sufficient to maintain a strong roster of lawyers as well as day-to-day operations in the coming months as we finalize a new grant agreement,” the province said.

The Opposition NDP says in a statement despite the efforts of the Law Society of Alberta and Legal Aid, the UCP failed to come up with their end of the bargain when it came time to negotiate.

“All Albertans have a right to access the justice system, no matter their financial situation,” said Justice and Public Safety Critic Irfan Sabir. “The UCP’s action will throw the justice system into crisis and put these critical services at risk.

“It’s unconscionable that the UCP thinks Albertans escaping abuse and needing these services should be left without any support.”

Alberta defence lawyers initiated job action in the summer of 2022 before dropping it in December following an hourly tariff rate raise from $92.40 to $100.

A short time later, Legal Aid Alberta’s hourly rate increased to $125.

-With files from Sean Amato