The legal aid system that helps the court system's most vulnerable defendants could collapse because of a recent provincial government move, defence lawyers fear.
Organizations representing defence lawyers say they were blind-sided by a provincial government decision not to renew a governance agreement with Legal Aid Alberta and the Alberta Law Society that ensured an independent organization oversaw the system that provided legal services to those who could not otherwise afford a lawyer.
Red Deer Criminal Defence Lawyers Association president Jason Snider said the decision not to sign the governance agreement was made behind closed doors and with no consultation with Legal Aid Alberta or the defence lawyers who provide representation to clients who are often facing many struggles, including financial.
Snider said instead of renewing the governance agreement that had been negotiated in good faith over the last few months, the provincial government sent word that the Ministry of Justice would oversee legal aid, cutting the law society out of its role as an independent overseer of the program.
That puts the justice department, whose lawyers are responsible for prosecuting crimes, also in charge of legal aid defences.
"It's very much an ultimatum by the provincial government that they dropped on Legal Aid," said Snider, a long-time Red Deer defence lawyer and former Crown prosecutor.
"It's very much Legal Aid's fear that the government is attempting massive overreach."
A statement from Red Deer's lawyers association and three others in Edmonton and Calgary says they are "preparing for when the government’s actions will force Legal Aid Alberta to cease offering services to any new clients" on July 9.
"This will inevitably trigger a complete breakdown of an already overtaxed and under-resourced system. The impact will be felt more sharply by those over-represented in the criminal justice system and more likely to be financially disadvantaged such as those who are LGBTQ2S+, racialized, and mentally vulnerable."
Justice Minister Mickey Amery responded with his own statement on Wednesday that questioned Legal Aid Alberta's efficiency.
Legal aid funding has nearly doubled from $66 million in 2015 to $110 million in the last budget with projected expenditures over $138 million.
"Obviously, this funding growth is unsustainable," says Amery.
“Even more puzzling to our government is the fact that despite this massive increase in funding, Legal Aid Alberta is not materially expanding the number of clients it serves, nor is it being forthcoming with a credible explanation or details as to why this is the case.
“Albertans expect their government to be responsible with their hard-earned tax dollars."
Negotiations began in March this year to negotiate a new governance agreement to "ensure sustainability, transparency and financial accountability, while maintaining the independence of Legal Aid Alberta to provide independent legal advice to its clients."
The province has offered to continue extend existing funding arrangements that will support day-to-day operations for the next few months until an agreement is reached to replace the one that expired June 30.
Amery says the the law society "role as regulator of the legal profession remains unchanged and and they will continue to be involved in legal aid board governance via the bylaws of Legal Aid Alberta.
"Alberta’s government remains committed to ensuring Albertans have access to legal aid services.”