Law Times

Law Times • November 12, 2012 Tariff hike adding to financial pressures at LAO NEWS Continued from page 1 ated this system and they are ac- countable, viding minimal service to claim- ants from countries with a likeli- hood of approval of 90 per cent or more since their probabil- ity of success is high despite not having legal counsel to represent them at the board. "Th e immediate results of LAO also recommends pro- " says Showler. that would be that [claimants] get rejected and acceptance rates would plummet," says Toronto refugee lawyer Raoul Boulakia, who calls LAO' ommendations "very disturbing." He says it's also unfair to s new service rec- provide less service to refugee claimants from places on the designated country of origin list of generally safe. " ment is picking on a group of ref- ugees, then that means that they wouldn't get a lawyer?" he asks. But LAO says the changes are necessary if it's going to be able to jurisdictions deemed to be As soon as the federal govern- counsel to all applicants, he adds. "Th e federal government cre- dation of Ontario, the second larg- est LAO funder next to the pro- vincial government, also plunged by $50 million in 2009-10 for a drop of more than 90 per cent. Th e funding constraints come as LAO is set to continue with seven increases to the le- gal aid tariff . A memorandum of understanding LAO signed jointly with the Ministry of At- torney General and the Crimi- nal Lawyers' Association man- dates the pay hike for lawyers providing legal aid services. By 2015-16, hourly tariff s will Funding from the Law Foun- Ontario government as it has already made "sub- stantial, multi-year investments in legal aid. increase by up to 66 per cent, ac- cording to LAO. Th at will add a $7-million cost pressure on the organization beginning in 2014- 15. Th e Ontario government has promised money for the fi rst four tariff increases, but LAO doesn't yet know how it will fund the rest. Boulakia, however, says LAO vide what he feels is the right level of services are only a fraction of the total amount LAO re- ceives. "We're talk- ing about very little money. It really takes very little to create an extremely detrimental eff ect or make a huge positive change. Th e justifi cation for these cuts is that there is more need. Go fi gure. keep providing refugee services given its current fi nancial state. "Over the past several years, LAO has spent far more on refu- gee law services than it receives in funding from the federal gov- ernment through the province of Ontario, man Kristian Justesen. "Despite refugee law and de- " says LAO spokes- cision-making processes falling exclusively within federal juris- diction, the federal contribution represented only 31 per cent of LAO' s current refugee cost." and the Ontario government aren't entirely blameless. He sees complacency when it comes to pushing for more federal dollars. "Th ere is an assumption that the only money the federal govern- ment would give is the one that' allocated," he says. s "Ensuring access to justice is a provincial responsibility, too," he adds. As a result, he's urging the Ontario government to im- mediately provide more funding and then make a clear demand from the federal government. "You don't starve your children and say, 'My ex-husband hasn't given me money, But LAO says it's unrealistic to expect new resources from the '" he says. FMC becomes Dentons Continued from page 1 the largest of the three fi rms. Pinnington says the brand is "impact- ful and has a long legacy. share similar fi rm cultures and values. Strategic planning for the merger began two years ago. A thor- Aſt er the merger, FMC and Salans will take the name Dentons, " He adds that FMC, Salans, and Denton ough consultation process followed, says Pinnington. FMC will make a formal announcement about the merger next LT week with the move expected to take eff ect next year. posing alternative service delivery op- tions through para- legals, immigration consultants, and le- gal clinics. But LAO is also pro- " Legal Aid Ontario says it currently spends 95 per cent of its expenditures at the top three layers of this pyramid. All are services with the highest cost per unit. The report on reforming refugee legal aid services involves reversing the pyramid to shift the focus to less costly alternatives. questions whether immigration consultants can represent refugees as he doesn't believe they have "the depth of understanding of the law" to do the job. Boulakia cally, it says, the provincial and federal governments funded refugee services on an equal basis. But Boulakia says the funds needed to pro- " Histori- designated country of origin list making some cases harder to prove, it takes a representative with "educated eyes and ears" to know if there' With only 15 days to submit a claim and the LAO's current service model claim, says Showler. He suggest paralegals can do "excellent work" but only under the su- pervision of lawyers. Th ere' s a valid sistency throughout Canada on the pro- vision of refugee le- gal aid. Alberta and Quebec deliver ser- vices through a mix of staff and private bar lawyers. In British Columbia, non-legal counsel such as stu- dents and settlement workers oſt en do the work. Other prov- inces like Nova Scotia and New Brunswick have no formal refu- gee legal aid coverage. The consulta- s no con- and it goes until Dec. 17. LAO is hearing opin- ions in writing, at in-person consultation ses- sions, and via a live webcast session with stake- holders in the province. tion period for the proposed service changes has started LT PAGE 5 RECOGNIZED AS THE LEADING RESOURCE FOR LABOUR ARBITRATION IN CANADA CANADIAN LABOUR ARBITRATION, FOURTH EDITION DONALD J.M. BROWN, Q.C., AND DAVID M. BEATTY Canadian Labour Arbitration, also known as Brown & Beatty, is synonymous with reliability. Brown & Beatty is your trusted, go-to text for substantive and current analysis of labour arbitration law and policy FEATURES AND BENEFITS: • Provides detailed analysis of, and commentary on more case law than any other similar text • Highlights leading cases in bold type • Deals comprehensively with the application of the Canadian Charter of Rights and Freedoms as it applies to labour, both jurisdictionally and substantively • Covers judicial review of labour arbitration decisions, and reversed decisions • Features updated case law, with the newest sections bolded in the table of cases ORDER # 804447 $485 2 volume looseleaf suuplement book Anticipated upkeep cost - $356 per supplement 5-6 supplements per year Supplements invoiced separately 0-88804-447-X • Provides nearly all reported arbitration cases • Offers detailed cross-references to Labour Arbitration Cases AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® www.lawtimesnews.com

• Cover