The Lawyers Weekly - October 22, 2010

Alber ta’s law society tackles legal aid shortfall

MIKE SADAVA EDMONTON

Is Google too suggestive for French law?

PAGE 5

DEFINING ORDINARY

Culture and the ‘ordinary person’

PAGE 9

Alberta Legal Aid (ALA) is walking a fine line between coping with a major budget cut and trying to ensure that Albertans are not denied access to justice.

Six months ago ALA boosted its requirements for receiving a certificate for full representation so that the cutoff point for an individual net income dropped by 30 per cent, from $21,000 to $14,700. That change, giving wealthy Alberta one of the lowest income cutoff points in Canada, has drawn the ire of the Alberta Criminal Trial Lawyers Association. It has also sparked action by the Law Society of Alberta following its Benchers’ meeting in September.

The tougher requirements were introduced after ALA experienced an 8. 4 per cent drop in its budget, going to $59 million from $64.4 million.

While government funding was stagnant, money received from the Alberta Law Foundation fell drastically, to $1.1 million from $14.4 million. The foundation generates income from the flow of interest on trust accounts in law firms, which has dried up because of low interest rates and the slow market in residential and commercial real estate. ALA is using reserve funds to keep its budget from dropping even more.

Although they don’t believe the numbers are great, “there are people who are being forced to represent themselves…,” said Jacquie Schaffter, CEO of ALA.

There is a backstop in court-ordered legal aid if a judge determines that representation is essential for a fair trial, but Schaffter says she is not aware of a big

See Alberta Page 24
LANGUAGE TESTING
Mandatory language
testing comes under fire
PAGE 14
HST
Vancouver’s Gil McKinnon says strong dissents at the Supreme Court of Canada pave the way for future recognition of
an expanded right to counsel during police interrogations.
ALISTAIR EAGLE FOR THE LAWYERS WEEKLY
See story on page 2
New HST a headache
for real estate lawyers
PAGE 20
Barreau makes recommendations on judicial nominations
LUIS MILLAN MONTREAL

Concerned that the public’s confidence in the justice system has been shaken by testimony before the Bastarache Commission, the Barreau du Québec recommends overhauling the judicial appointment system by bolstering disclosure requirements to enhance accountability and transparency, revamping the judicial selection committee, and constraining the discretionary powers of the minister of justice by compelling him to select from a short and ranked list of candidates.

Yet in spite of issuing a series
of wide-ranging recommenda-
tions in a 42-page report enti-
tled “Preserving Confidence,” the
law society forcefully maintains
that Quebec’s current system of
judicial appointments is sound
and “one of the best in the West-
ern world,” even though the pub-
lic may be under the impression
the nomination system is tainted
by undue partisan influence.

ENTERTAINMENT

Former musician turned lawyer to the stars

PAGE 4

Commercial and Residential
Title Insurance Solutions

Commercial and Residential
Title Insurance Solutions [ ]
At Stewart Title, we consistently combine comprehensive coverage with unparalleled support for
lawyers/notaries. We are dedicated to streamlining your practice and increasing your revenue through our
programs and innovative technology solutions.