‘A modicum of progress’: Alberta defence lawyers call for more changes to LAA as tariff increases

Alberta’s four criminal lawyer associations say more changes need to be made to Legal Aid Alberta (LAA) to address access to legal representation as the province announced a wage increase for lawyers Wednesday.

The associations representing lawyers in Edmonton, Calgary, Red Deer, and southern Alberta took increased job action Sept. 26, refusing to take any new cases from LAA until the province made immediate changes to the way legal aid is funded. They first began job action in August.

Defence lawyers asked for increased wages, and sweeping changes to the way Albertans access legal representation through LAA.

The government is increasing the legal aid tariff by 8.225 per cent, thanks to “increased federal funding that recently became available,” meaning lawyers who take legal aid clients will be paid more. However, a joint statement from the four criminal lawyer associations says while Wednesday’s announcement “marks a modicum of progress,” it’s not enough to address its issues with the legal aid system.

Today, @shandro announced an 8.225% increase to the legal aid tariff and financial eligibility cutoffs. In response to that announcement, Alberta's defence associations issued this press release: pic.twitter.com/18MGrvCKis

— CDLA YYC (@CDLACalgary) October 6, 2022

The government says Alberta currently ranks sixth among provinces when it comes to tariff rates. Roster lawyers with 10 years of experience make $92.40 an hour, the 8.225 per cent tariff increase raises those wages to $100 an hour, changing Alberta’s ranking to fourth overall.

Defence lawyers say they are still lagging behind, pointing to other provinces with similar legal aid plans.

“Roster lawyers in British Columbia earn between $113.39-$124.73/hr, depending on their years of experience; Roster lawyers in Ontario are currently paid between $109.14-$136.43/hr, depending on how much experience they have practicing criminal law. Like Alberta, Ontario’s tariff rates were set in 2015. There are rumblings their roster lawyers may also take job action soon,” the statement reads.

“Adjustments for inflation alone would require an increase of nearly 20%. For low-income Albertans requiring legal aid assistance, an 8.225% increase barely restores the financial eligibility cut-offs to what they were in 2010 (when they were unceremoniously slashed by 30%).”

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Defence lawyers add the current rules for accessing legal aid mean a family of four with a household income of more than $41,270.52 does not qualify for assistance, and “will be told they make enough money to pay privately for a lawyer.”

“Meanwhile, for a family of four to achieve a basic standard of living in Calgary or Edmonton, they need to make more than $80,000/yr.”

The associations say they expect to vote on whether or not to return to work next week.

The province says it will reevaluate legal aid tariffs and financial eligibility guidelines to inform the development of Budget 2023-2024.

“With the modernization project on track to conclude this month and increased funding available through the federal government, there is now an opportunity to increase legal aid funding earlier than anticipated. Our commitment to review all aspects of legal aid funding remains in place. This in-year funding increase is a first step and we look forward to the results of the modernization project and the results of the comprehensive review,” said Justice Minister Tyler Shandro.