Law Times

Page 4 January 21, 2013 • Law Times NEWS LAO tackles rumours of cuts Despite funding increases, lawyers worry about new restrictions BY MARG. BRUINEMAN For Law Times L egal Aid Ontario is tackling rumours of cutbacks as lawyers remain concerned over potential new restrictions on services. "They won't give a certificate at all if no (prospect of) jail. This has always bothered me as often those facing their first finding of guilt may have more to lose than people with records," says Toronto criminal defence lawyer Adam Goodman. The worry, he adds, is the plan will limit access to a lawyer on the criminal side to only those facing a minimum amount, such as 30 days, of jail time. Goodman recently blogged about his concern. Already, he wrote, the requirements include a "ridiculously low" gross family income and a reasonable prospect of custody, something he finds disconcerting. Officials at LAO are so used to handling speculation about such changes and restrictions that they've developed a list of myths and reality that they plan to post to their web page. The issue was To advertise in an upcoming issue, contact our sales team: Karen Lorimer 416-649-9411 karen.lorimer@thomsonreuters.com Kimberlee Pascoe 416-649-8875 kimberlee.pascoe@thomsonreuters.com Expand 1-8 - 3X.indd 1 3/5/12 1:45 PM EXPERT GUIDANCE TO HELP YOU ANALYZE FEDERAL LABOUR AND EMPLOYMENT LAW THE 2013 ANNOTATED CANADA LABOUR CODE, 21ST EDITION RONALD M. SNYDER Stay up to date with legal developments applicable to Federal union and non-union employees with The 2013 Annotated Canada Labour Code. You'll gain a better understanding of the Canada Labour Code and jurisprudence with an extensive collection of case law annotations and the expert analysis of a leading lawyer to guide you. 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AVAILABLE AS AN eBOOK ON THOMSON REUTERS PROVIEW™ AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 www.lawtimesnews.com also the topic of a recent presentation to the County & District Law Presidents' Association. The presentation begins with assurances that, despite rumours to the contrary, there are no movements afoot to change the Legal Aid Services Act to make way for a public-defender system. In recent years, LAO has emerged from an operational deficit that reached a one-year peak of $27 million. It whittled that down to $1.3 million last year and expects to eliminate it this year. Officials will then turn to tackling LAO's accumulated debt of $18.5 million. All of that is separate from funding introduced in 2010 that will see the province add a total investment of $150 million over four years for new services and tariff increases for lawyers. In the face of the current economic climate that has put the spotlight on fiscal belt-tightening in the public sector, there are fears that legal aid could, once again, take a hit as it continues to adjust its spending and services. "There's always been a general in-the-back-of-your-mind concern that the plan is going to a . . . type of public-defender system," says Janet Whitehead, a partner at George Murray Shipley Bell LLP in Sarnia, Ont., and chairwoman of CDLPA. But Whitehead, who recently met with legal aid officials, adds: "That's not the plan." Whitehead is planning to travel across Ontario to meet with representatives of her organization and MPPs in their communities. Lobbying and education efforts about legal aid and its importance to society shouldn't just involve the top politicians at Queen's Park, she says. "It's just as important for backbenchers, both in government and in opposition, to understand how legal aid funding issues impact on their own constituents in their communities," she says. "They can have a great deal of influence on the decisions made by government. The individuals in need of legal aid assistance are not generally a group with a significant voice. Our organization intends to advocate for that group in the same manner as our members advocate for their individual clients." Her goal is to increase awareness and lay out the consequences of a society without a properly funded legal aid plan. "A great deal of attention is being given to the current reality of unrepresented litigants," she says. "While access to legal aid is not the only cause of the difficulty, it is a major contributing factor. I'm hoping that since legal aid has now got through the deficit years, that may translate into more flexibility. Our focus 'I'm hoping that since legal aid has now got through the deficit years, that may translate into more flexibility,' says Janet Whitehead. is . . . advocating with the government that funding for legal aid needs to be a priority." Besides the public-defender issue, LAO is also tackling the current concern that it will be denying criminal certificates where the likelihood of jail is for a brief period. "Duty counsel lawyers will take on any matter which they feel they have the abilities, experience, and time to appropriately represent an accused," LAO responds. "If a duty counsel lawyer feels that a matter requires a certificate, it will be issued." And while the bulk of the certificates issued are for criminal cases, LAO says it remains committed to serving those involved in family court matters as well. David McKillop, LAO's vice president of policy, research, and external relations, says the restructuring efforts continue. In addition to finding internal efficiencies, LAO is looking to fund a wider range of services to more people instead of focusing on the more expensive certificates for fewer clients. In addition, McKillop suggests Goodman's assessment of income requirements as "ridiculously low" is on the mark. The last time LAO adjusted the income requirement was in 1995 and that was to reduce it. As a result, an individual working fulltime earning minimum wage wouldn't qualify for legal aid. The prospect of that person having the ability to pay for a private lawyer is, of course, remote. "It needs to be addressed," says McKillop. "What we need to do, then, is continue down that road." The issue of eligibility came to a head a year ago in the Ontario auditor general's report that suggested addressing it through a study. A report is in the works for the 2013-14 fiscal year. McKillop expects the resulting changes will roll out over time using a strategic approach that could include targeted pilot projects. LT

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