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Law Times • February 8/15, 2010 NEWS PAGE 3 Office 'nothing more than a stop-gap measure' Continued from page 1 counsel representing those accused of the most serious charges. It was when lawyers began fi ling those funding applications with regu- larity that LAO established the offi ce, Burstein notes. "It was perhaps nothing more than a stop-gap measure aimed at defeating the funding applications," he says. If a public defender stepped into a trial, he argues, it could certainly no longer be argued that an accused couldn't fi nd representation. Th at's the fi rst test counsel had to meet before a judge might order higher rates. "One questions whether Legal Aid Ontario should have taken on that role," he adds. But before Fleming or a second law- yer hired as staff counsel started on the job, the province and the CLA settled the dispute. "In terms of karmic justice, Mr. Fleming started his fi rst day on the job the day we re- solved our diff erences with the attorney gen- eral," Sandberg says. Burstein now questions the role of the case management offi ce and how it fi ts into the agreement with the province. "Th ere's a recogni- tion by the [attorney general] that the pri- vate sector provides a higher-quality, more effi cient service for Ontarians in need of legal aid services than a public defend- er system can," he says. In response to a request for comment, 'It seems to me a colossal waste of precious legal aid money,' says Paul Burstein. Fleming tells Law Times that as an LAO employee, he can't discuss the matter. For its part, LAO pro- vided a short e-mailed response that noted two staff lawyers had joined the offi ce in Toronto. "Legal Aid On- tario is moving for- ward with the estab- lishment of a major case management of- fi ce to provide eff ec- tive oversight of the defence of publicly funded serious crimi- nal cases, help avoid unnecessary court proceedings, litigate serious cases if required, and ensure the effi cient use of taxpayer dollars," spokesman Kristian Justesen wrote. He added the new offi ce will follow the models used by the big case man- agement program, the legal aid tariff for disbursements, and LAO's panel standards for extremely serious crimi- nal matters. Meanwhile, confusion reigns among defence lawyers in Sudbury about the new offi ce and the decision of their former colleague to join, Saftic says. But he wonders whether Fleming may now actually be in a position to ad- vocate for the criminal bar and to eff ect changes from inside the system. Fleming may have some authority over the big case management budget, Saftic notes, adding he could also be in a position to review applications for defence experts as well as co-counsel or junior counsel. "He's worked on the defence side and understands how it's underfunded." LT Plan includes amalgamating regions Continued from page 1 Part of LAO's current plan, though, calls for amalgamating some regions within a greater geographical area. With that will come more challenges, says Robert Barr, a lawyer in Brock- ville, Ont. He points out, for example, that Brockville's area director for LAO was local lawyer Robert Wilson. He had held the position for more than 25 years until he died in a trag- ic accident last year. "Wilson knew everybody and not just the lawyers," says Barr. "He knew the accused and their families, too. He was really in touch with the needs of the community. He was someone we could approach informally." Leslie Ault, who is also from the area, has been the acting area director in the Lanark, Leeds, and Grenville region, but that position is set to disap- pear as the legal aid offi ce gets set to take its direction from the area director in Ottawa. "Th e new director can't pos- sibly have the same connection as they did," says Barr. Th e proposed elimination of the local area committees that hear appeals from people who have been declined a certifi cate is also a concern for Barr. "I fear that the changes will compel persons seeking redress to travel to Ottawa to make their pitch to a centralized area com- mittee," says Barr. "For many, that would be an undue hardship." But in e-mailed responses to questions on the issue, LAO said some of the predicted dif- fi culties wouldn't be an issue as experience has shown that hav- ing criminal defendants and family law litigants travel back and forth from court to a legal aid offi ce creates delays in the justice system. Nevertheless, while in places like Chatham and Sarnia, Ont., going back and forth from the legal aid offi ce to the courthouse ORDER your copy today Looseleaf & binder • $210 February 2010 Releases invoiced separately (2/yr) P/C 0283030000 • ISSN 1920-1737 would be a strenuous hike for someone without a vehicle, in other cities they're very close. In Cornwall, for example, the legal aid offi ce is about 100 metres from the courthouse. Meanwhile, in Fort Frances, Ont., the offi ce is just three blocks from the court. But for Barr, the main con- cern isn't the location of a legal aid offi ce but that there is al- ways someone there. "I'm not opposed to closing down the offi ce as long as you have consistent staffi ng at the courthouse [offi ce] all the time. Otherwise, we'll see huge de- lays for clients trying to get cer- tifi cates. It's important that an accused person can meet with someone just to talk about the application." But so far, the plan to provide the same amount of staff at the LAO said in its response. While LAO wouldn't confi rm precise numbers, Cornwall's of- fi ce is expected to close, reduce its four workers to one, and then its Parry Sound, Bracebridge/ Muskoka, and Barrie, Ont., offi c- es into the central district, mean- ing the Bracebridge offi ce is also facing possible changes. I'm not opposed to closing down the offi ce as long as you have consistent staffi ng at the courthouse [offi ce] all the time. Otherwise, we'll see huge delays for clients trying to get certifi cates. It's important that an accused person can meet with someone just to talk about the application. courthouse as previously existed elsewhere isn't likely to happen. "Th e functions of some positions will change, some positions will no longer be required, and some new positions will be needed," move that lone employee into space at the courthouse, accord- ing to recent media reports. Th ere are also reports of staff - ing cuts in Sarnia. At the same time, LAO has amalgamated In the end, Barr's other big concern is whether the new way of delivering services will work. "Th e local practitioners will adapt. My main concern is for the local people." LT Electronic Documents Records Management, e-Discovery and Trial Effectively navigate the legal challenges posed by electronic documents Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtroom. This in-depth resource examines and analyzes the issues relating to electronic documents, including: • the sources and types of electronic documents • records management policies • the legal framework governing e-discovery in Canada • the preservation, collection, processing, review and production of electronic documents • the use of electronic evidence at trial This dynamic and burgeoning aspect of legal practice is clarified and explained with extensive reference to relevant Canadian and U.S. authorities. For a 30-day, no-risk evaluation call: 1.800.565.6967 LT0208 FINLAY_Electronic Documents (LT 1-3x4).indd 1 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com 2/3/10 1:44:24 PM Editors: Bryan Finlay Q.C., Marie- W ith contributions from: Caroline Abela, Steve Doak, Paul D. Guy, Nikiforos Iatrou, Stephanie L. Turnham, David Vitale and John Wilkinson Andrée Vermette and Michael Statham