Canadian and international lawyers
agree access to justice is on the brink
of becoming a victim of the global
recession as governments slash budgets
—including those for legal aid programs.
However, Canada’s justice minister
and attorneys general dodged the
issue of the future of legal aid at a
meeting on Oct. 15 in Vancouver, say-
ing only that a joint statement on
criminal legal aid had been signed.
The statement was not released after
the meeting.
“It was recognized that all jurisdic-
tions are currently facing fiscal prob-
lems,” a release said.
The Canadian Bar Association
(CBA) has called for national stan-
dards for legal aid, which should be
an essential service like health care
or education. It’s not an issue federal
Justice Minister Rob Nicholson
would address.
“Most people would tend to the
view that it’s going to get worse
before it gets better,” said U.K.-
based lawyer Tim Soutar, vice-chair
of the International Bar Associa-
tion’s (IBA) Pro Bono and Access to
Justice Committee.
One of the problems is that the
public doesn’t understand the need
for access to justice, Soutar said.
People will not prioritize access to
justice and legal aid over health care
and education when governments
are slashing budgets. Moreover, he
said, in fighting for access to justice,
lawyers need to deal with the public
perception that they are just looking
after themselves.
Government
budget-slashing
cuts into
LEGAL
AID
By Jeremy Hainsworth
“We have to be a lot smarter in the
messages we put out— that’s in rela-
tion to society at large and specific-
ally to governments,” he said.
An internal federal Justice
Department report obtained by The
Canadian Press (CP) shows almost
13 per cent of criminally accused
lacked legal help on court dates,
sometimes creating the need for 10
or more appearances before a judge.
The report, by Justice Department
researcher Ab Currie, found offend-
ers without legal assistance were
least likely to be acquitted. The study
suggested having legal aid lawyers at
courthouses at all hours would solve
the biggest challenge — helping
those who show up with no legal
help.
In 2007, Ottawa earmarked $560
million in payments to the provinces
and territories for legal aid through
2012. The ministers said on Oct.
15 they were extending agreements
for the period already funded. How-
ever, the administration of legal aid
remains provincial, something the
CBA suggests needs changing.
With the June release of a report,
“Moving Forward on Legal Aid:
Research on Needs and Innovative
Approaches,” by Melina Buckley, a
Canadian lawyer and legal consultant
who has done extensive research on
examining justice-system func-
tioning, the CBA issued a five-point
platform on legal aid reform. It says
that legal aid should be recognized as
an essential public service like health
care; public funding should be con-
firmed as necessary to ensure access
to justice for low-income people; pub-
lic funding for legal aid must be
increased; national standards for
criminal and civil legal aid coverage
and eligibility criteria are required;
and the federal government should
revitalize its commitment to legal aid.
