‘Has the government of Alberta considered these immediate impacts on children in need of representation?’
Family and criminal lawyers were among those Wednesday blasting the province for failing to renew a governance agreement ensuring legal aid for vulnerable Albertans, expressing concerns about jeopardizing legal independence and court system access.
Legal Aid Alberta board chair Ryan Callioux said Tuesday that renewal negotiations had been progressing well until June 27 when the government produced an entirely new grant agreement and imposed a July 1 deadline to accept it.
“The grant agreement is skewed heavily in favour of the minister, with almost no meaningful obligations on the part of the minister, including any obligation to continue funding,” he said, saying Legal Aid Alberta is now in an “untenable situation.”
“It is critical that whatever the format, the independence of Legal Aid Alberta must be sacrosanct. If it is not, the justice system will suffer significantly.”
‘Our social safety net’
On Wednesday, the Alberta Family Lawyers Association (AFLA) said the stalemate leaves Legal Aid Alberta facing “an insurmountable crisis” and questioned the government’s motivation for not renewing the agreement.
“Has the government of Alberta considered these immediate impacts on children in need of representation? Or survivors of family violence seeking to escape to safety, emergency protection hearings, child protection hearings protecting the rights of children and disadvantaged parents and guardians, or duty counsel at the courthouse to assist self-representing people?”
It accused the province of turning its back on disadvantaged children and families.
“Legal aid for family matters is often lost in the mix, the last to be funded, the first to be cut, and yet almost every family in Alberta is at some point impacted by a legal event related to family breakdown,” an AFLA statement read.
“Legal aid is our social safety net.”
‘Undermines a fundamental Canadian value’
Four organizations representing criminal and defence lawyers from different parts of the province issued a collective statement Wednesday, saying they were “shocked and appalled” by the government’s actions.
“It is a central principle of fundamental justice that the person prosecuting an individual must be separate and independent from the person conducting their defence,” it read.
They warned of the implications for the courts and those who use them.
“This will inevitably trigger a complete breakdown of an already overtaxed and under-resourced system,” it read.
“The impact will be felt more sharply by those overrepresented in the criminal justice system and more likely to be financially disadvantaged.”
Opposition justice critic Irfan Sabir echoed those concerns, saying vulnerable Albertans could be left without legal representation.
“It’s unconscionable that the UCP thinks Albertans escaping abuse and needing these services should be left without any support,” Sabir said.
Legal Aid Alberta is independent of the government but is administered by the provincial government and answers to Alberta’s justice minister and the Law Society of Alberta. It is funded by the federal and provincial governments as well as the Alberta Law Foundation.
The office of federal Justice Minister Arif Virani noted that self-represented litigants burden the court systems with long delays and that Ottawa will be providing Alberta with $144 million in criminal legal aid funding over four years ending in 2027.
“We trust that provinces will make similar investments to ensure provincial legal aid programs are adequately resourced,” read a statement from Virani’s office.
“All governments have a responsibility to ensure access to justice is equitable. Effectively cutting off legal aid, as may be the case in Alberta, undermines a fundamental Canadian value.”
Legal Aid Alberta assisted around 33,500 cases during 2023-24.
Those with gross annual incomes of less than $30,000 can qualify for affordable assistance via Legal Aid Alberta.
‘Responsible stewards of taxpayer dollars’
Justice Minister Mickey Amery did not respond to Postmedia’s interview request Wednesday, but his office issued a statement noting grant funding for legal aid has nearly doubled over the past nine years. It also accuses Legal Aid Alberta of not materially expanding the number of clients it serves.
“Albertans expect their government to be responsible with their hard-earned tax dollars,” it read.
It says the government has offered to extend the existing funding agreement while negotiations continue.
“The funds our government has already provided Legal Aid Alberta in this budget year are more than sufficient to maintain a strong roster of lawyers as well as day-to-day operations in the coming months, pending finalization of the new funding agreement.”