The legal aid system in Alberta, Canada is at risk of collapsing due to the provincial government's decision not to renew a governance agreement with Legal Aid Alberta and the Alberta Law Society. This agreement ensured that an independent organization oversaw the system, providing legal services to those who could not afford a lawyer. However, the government's decision to cut the law society out of its role as an independent overseer and have the Ministry of Justice oversee legal aid has raised concerns about overreach [ee086c5f].
Legal Aid Alberta (LAA) will stop providing lawyers and services to low-income Albertans as of July 9 due to a lack of agreement with the Alberta government. Negotiations stalled as the June 30 contract deadline approached, and Justice Minister Mickey Amery issued an ultimatum on June 27 that LAA says erodes its independence. The deal put forward by the Ministry of Justice gives the minister authority to adjust funding, restrict the use of funds, and terminate the grant agreement on 30 days written notice [00bd01b1].
Legal aid lawyers in Alberta are now fearing the potential shutdown of legal aid services, which would further strain an already overtaxed and under-resourced system. Defence lawyers are particularly concerned about the breakdown of the system, as it would leave many individuals without access to legal representation. The legal aid system plays a crucial role in ensuring access to justice for vulnerable and marginalized individuals who cannot afford private legal services [ee086c5f].
If LAA stops taking on cases, it could lead to a complete breakdown of the court system and a surge in demand for legal assistance in family court, child welfare court, and refugee status applications. Four organizations representing Alberta criminal defence lawyers warned that a disruption of legal aid services will inevitably trigger a complete breakdown of an already overtaxed and under-resourced system [00bd01b1].
Justice Minister Mickey Amery has expressed doubts about the efficiency of Legal Aid Alberta and has stated that the funding growth for legal aid is unsustainable. The government has questioned the need for an independent governance agreement and believes that the Ministry of Justice can effectively oversee legal aid services. Negotiations are currently underway for a new governance agreement, and the province has offered to extend existing funding arrangements until an agreement is reached [ee086c5f][00bd01b1].
In an update, Legal Aid Alberta's recently expired contract with the province has been extended until September 5, 2024, and negotiations between the parties are set to resume. Without a contract, Legal Aid Alberta would have had to stop issuing certificates to assign lawyers to cases or providing duty counsel as of July 9. The extension ensures the independence of Legal Aid Alberta and allows time to finalize the negotiation of a new Governance Agreement. The grant funding agreement proposed by the province would have eroded the organization's independence and ability to provide services. The justice system will continue to operate while negotiations take place [52d519fe].
Meanwhile, criminal barristers in Ireland are going on strike over the government's failure to reverse payment cuts made after the 2008 financial crash. This is the first of three days of strike action planned for this month. The protests will take place at courthouses nationwide where criminal cases are due to be heard. The Council of The Bar of Ireland has recommended a withdrawal of service on July 15 and July 24 as well. The lack of investment by successive governments has caused delays in the criminal justice system, impacting victims of crime. Two-thirds of criminal barristers leave the profession after six years due to inadequate fees, leading to a lack of experienced and available barristers to properly defend or prosecute a case. The full range of cuts that were applied to the profession after the financial crash continue to apply, and the link to public sector pay agreements has yet to be restored. The government commissioned a review in 2018 that acknowledged the need to reverse the cuts given the level of reform and flexibilities delivered by the profession [fe6e1dd5].