Alberta defense lawyers pause job action after rates go 25 per cent

Alberta defence lawyers have voted to pause job action Thursday after the province hiked rates for legal aid funding.

Minister of Justice Tyler Shandro asked Legal Aid Alberta (LAA) to “modernize” the system, which then submitted recommendations that include increased wages.

The legal hourly tariff rate has increased from $92.40 per hour to $100 per hour. Shandro made the approval in October. Block billing for legal aid lawyers was raised to $125 per hour from $100 per hour.

This will increase the hourly rate paid to legal aid lawyers by 25 per cent, which starts in the new year.

“We would like to thank Minister Shandro for sitting down with our associations to understand our concerns,” said Kim Arial, secretary of the Calgary’s Criminal Defence Lawyers Association (CDLA) and criminal defence lawyer, in a statement Thursday.

“We are grateful for all of his efforts in securing this much-needed increase, which demonstrates his commitment to a properly-funded legal aid system in Alberta. We look forward to participating in the ongoing review of all aspects of legal aid funding, where we will advocate to ensure all low-income Albertans can access the legal representation they need.”

Related Stories:

• Alberta increases tariff for legal aid lawyers

• Calgary defence lawyers speak out on job action and its effects on the system

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

Members of CDLA, Edmonton’s Criminal Trial Lawyers Association (CTLA), the Red Deer Criminal Defence Lawyers Association (RDCDLA) and the Southern Alberta Defence Lawyers Association (SADL) refused to take bail and counsel files from legal aid for five months.

Lawyers started job action on Aug. 8, and continued with protests in front of courts in Calgary and Edmonton on Sept. 2, and further condemnation of Shandro on Sept. 22.

The hold-up has caused “significant backlogs” in criminal courts across Alberta and notes that “trickle-down impacts” are felt in other areas in law, like family and child protection.

It says that “chronic underfunding” has impacted those living under the poverty line, who were told that they made too much money to afford legal representation.

The association says it has been fighting for adequate funding for Alberta’s legal aid plan, and adds that LAA was compensating lawyers at “substantially lower” wages than other provinces.

However, it notes that more could be done to help legal aid as lawyers in the province continue to face “overwhelming demand” for legal aid, according to defense lawyers.

“While yesterday’s announcement is a step in the right direction, the Government knows there is still much work to do,” Arial said.

“The associations look forward to continuing our discussions with the Government of Alberta and will continue to push for a fair and equitable tariff.”

Shandro previously told CityNews changes were coming to legal aid in the new year.

“Increases to the legal aid tariff, which is the rate that criminal defence lawyers are paid for legal aid work, will be considered as part of the 2023 Budget,” Shandro said then. “Legal Aid Alberta (LAA) and officials in Justice have begun this work, and if there is evidence to support increasing the rate paid to criminal defence lawyers, it will be included in the 2023 Budget submission.”

-With files from Toula Mazloum and Joey Chini.