Legal Aid Alberta says vulnerable Albertans who need to access its services won’t be able to do so in less than a week, after the province dropped the ball in talks to renew a governance agreement that expired on June 30.
In a letter dated Tuesday, the Criminal Defence Lawyers Association Calgary (CDLA), the Criminal Trial Lawyers Association Edmonton (CTLA), the Southern Alberta Defence Lawyers Association (SADL), and the Red Deer Criminal Lawyers Association (RDCDLA), say they were “shocked” and “appalled” to learn the government didn’t sign the new Legal Aid Governance Agreement.
The groups explain that for the last 50 years, a form of agreement such as the one in question, has safeguarded the operation of the independent organization that provides legal services to the most vulnerable Albertans.
They claim the terms and conditions of this agreement were negotiated over several months with all parties seeming to act in good faith.
But, in recent days, lawyers in the province say the government cancelled plans to sign the new Legal Aid Governance Agreement that “was followed by silence before a last-minute ultimatum that would fundamentally change who controlled the delivery of legal aid services in Alberta.”
Legal Aid Alberta says services will no longer be offered as of July 9 due to the government’s actions.
“This will inevitably trigger a complete breakdown of an already overtaxed and under resourced system,” the group says. “The impact will be felt more sharply by those over-represented in the criminal justice system and more likely to be financially disavantaged such as those who are LGBTQS+, racialized, and mentally vulnerable.”
Alberta’s Ministry of Justice says in a statement it is committed to working with Legal Aid Alberta to make sure it’s well-funded so it can provide high-quality services.
“It is also imperative that we are responsible stewards of taxpayer dollars, and that funding is being spent with the best interests of Albertans in mind,” Minister Mickey Amery’s office said. “We are working diligently to put in place an interim grant agreement that will ensure Legal Aid Alberta receives the necessary funding to maintain their operations.”
The province claims that as of the end of May, Legal Aid Alberta had a cash balance of over $82.1 million.
According to the government, a $27.5 million is also being given to Legal Aid while it waits for the completion and return of a grant agreement, proposed in place of a new governnance agreement.
“We are confident the funds we have already provided Legal Aid Alberta are sufficient to maintain a strong roster of lawyers as well as day-to-day operations in the coming months as we finalize a new grant agreement,” the province said.
Alberta defence lawyers initiated job action in the summer of 2022 before dropping it in December following an hourly tariff rate raise from $92.40 to $100.