Alberta defence lawyers to strike amid wage dispute

Time is running out before criminal defence lawyers in Calgary, Edmonton, and Red Deer plan to take more action amid an ongoing wage dispute with the province.

Associations representing Alberta’s defence lawyers say their efforts will ramp up start Sept. 1 if a deal is not reached.

That has legal experts concerned, with some saying action could affect more than just those involved in the dispute, especially if defence lawyers stop taking serious cases like those involving sexual or firearms-related crimes.

Calgary Legal Guidance, a pro-bono organization, anticipates clinics similar to theirs will bear the brunt of the possible stoppage.

In an email to CityNews, a representative says the people who would be most affected are everyday Albertans seeking justice through the legal system. They add organizations that offer services to low-income Albertans could see increased demand, on top of their already-existing clients.

Delays for Albertans seeking legal council are also expected if job action ramps up.

The Criminal Defence Lawyers Association (Calgary), the Criminal Trial Lawyers Association (Edmonton), the Southern Alberta Defence Lawyers’ Association, and the Red Deer Criminal Lawyers Association says in a joint statement they have been patient with the province for too many years, and will no longer “prop up a broken legal aid system.”

Defence lawyers will no longer prop up a broken legal aid system. Starting September 1, we will be refusing all new certificates for the most serious criminal offences. We cannot sit on our hands as access to justice crumbles. pic.twitter.com/DtIqrt0XyR

— CDLA YYC (@CDLACalgary) August 18, 2022

“This summer, the members of Alberta’s four defence lawyer associations have united in a fight for equal access to justice for all Albertans. To highlight the perpetual underfunding of Legal Aid Alberta, we began withdrawing services on August 8, 2022. These efforts have garnered national support from defence counsel and Crown Prosecutors alike. As the boots on the ground lawyers in courtrooms across the country know, underfunding legal aid is a national problem,” the statement reads in part.

“We have told Minister Shandro and Legal Aid Alberta CEO John Panusa that this presents our province with a unique opportunity. With a budget surplus and a strong economy, the time for a comprehensive review is now. A real and enlightened change now to our decades-old tariff of lawyer payments, our disgraceful Financial Eligibility Guidelines (“FEGs”) and our political habit of under-delivered funding could make Alberta a leader in delivering quality legal services to society’s most vulnerable.”

The province says it has increased legal aid spending in response to the worries, but defence lawyers say Justice Minister Tyler Shandro has been dismissive of their concerns.

In a statement to CityNews, Alberta Justice says a review of the program is underway and it will consider funding when the review is completed next year.

“Publicly funded and affordable legal services are critical to ensuring that every Albertan has fair and equitable access to the legal system. We appreciate the work that all criminal lawyers undertake on the behalf of Albertans and their advocacy to increase funding for Alberta’s Legal Aid program,” Shandro’s office said in a statement.

“Contrary to what has been suggested, Alberta is willing to consider increasing Legal Aid’s operating budget and the current Financial Eligibility Guidelines (FEGs) for Legal Aid applicants.”

However, Shandro’s office says that work must be done after the current review is complete and through the development of next year’s budget.

Defence lawyers say they can’t wait until 2023.

“A letter from the Minister, delivered to our associations yesterday, made one thing clear: our pleas continue to fall on deaf ears. We cannot heed his requests for patience. You have had our patience for too many years. Equal access to justice cannot wait any longer and certainly cannot wait until 2023. We have told Minister Shandro and CEO Panusa that, until they ensure a properly funded legal aid system for all Albertans now, our members will continue to withdraw legal services,” the lawyers’ statement reads.

READ MORE: Alberta low-income earners at risk, defense lawyers vote over legal aid funding

The associations add the impending strike would hurt lawyers, but say they cannot sit on their hands and ignore a “crumbling” justice system any longer.

“None of this action has been taken lightly. It comes at significant personal and financial cost to our membership. Like other small business owners, we have employees, overhead, mortgages and families. Many of us are still trying to financially recover from the pandemic when (unlike all others working in the criminal justice system) we were the only ones not receiving steady salaries and benefits,” the statement continues.

Already-scheduled hearing dates will not be affected by any potential action as of the Sept. 1 deadline.

With files from Kelsey Patterson