Lawyers say Alberta government’s failure to sign deal threatens legal aid services

A number of legal organizations are warning that Legal Aid Alberta may be forced to stop offering services to new clients because the provincial government has failed to sign a new governance agreement for the service.

“Our organizations were shocked and appalled to receive news from Legal Aid Alberta today about the government’s failure to sign the new legal aid governance agreement,” read a joint statement issued by the Criminal Defence Lawyers Association, the Criminal Trial Lawyers Association, the Southern Alberta Defence Lawyers’ Association, and the Red Deer Criminal Lawyers Association on Tuesday.

“For over 50 years, a form of governance agreement such as the one proposed by Legal Aid Alberta has ensured the operation of an independent organization providing legal services for the most vulnerable Albertans. The terms and conditions of this agreement were negotiated over several months seemingly by parties all acting in good faith.”

In a statement posted to the Legal Aid Alberta website, the non-profit’s board chair Ryan Callioux said the organization wanted to assure stakeholders his organization is “working hard to address your concerns and are mindful of your interests as we seek to remedy this situation.”

Callioux said the governance agreement “codified how we operated.”

“It secured the independence of Legal Aid Alberta, while at the same time respecting the role of government to ensure efficient use of funds, and the necessary role of the Law Society of Alberta in securing the sound practice of law in the province of Alberta. Without a governance agreement in place, our ability to conduct business is compromised.”

Callioux said despite “extensive efforts that had been invested by Legal Aid Alberta and the Law Society of Alberta in the negotiation process, and despite repeated requests for information and updates,” his organization received “no substantive communications coming from the minister’s office relating to the matters that remained for further discussion.”

He said the minister cancelled a meeting to discuss the issues in May without explanation.

“We still had reason to believe that it might just be a matter of receiving the final draft of the agreement for signatures,” Callioux said.

He said the ministry sent Legal Aid Alberta a letter on June 27 offering a new grant agreement that Callioux described as “a significant departure from the expired governance agreement” and one that he said “erodes the independence of this organization and its ability to deliver services.”

You can view Callioux’s statement in its entirety by visiting the Legal Aid Alberta website.

In a statement issued to Global News on Wednesday, Alberta Justice confirmed the current governance agreement expired on June 30.

The ministry said it is “working diligently to put in place an interim grant agreement that will ensure Legal Aid Alberta receives the necessary funding to maintain their operations.”

“As of the end of May, Legal Aid Alberta had a cash balance of over $82.1 million.”

Alberta Justice added that a grant payment of $27.5 million is being processed while the government waits for Legal Aid Alberta “to complete and return the grant agreement.”

“Alberta’s government remains committed to working with Legal Aid Alberta to ensure legal aid is well-funded to continue to provide high-quality legal aid services to Albertans,” the ministry said. “It is also imperative that we are responsible stewards of taxpayer dollars, and that funding is being spent with the best interests of Albertans in mind.

“We are confident the funds we have already provided Legal Aid Alberta are sufficient to maintain a strong roster of lawyers as well as day-to-day operations in the coming months as we finalize a new grant agreement.”

“We are all preparing for when the government’s actions will force Legal Aid Alberta to cease offering services to any new clients in the justice system on July 9,” the legal organizations’ joint statement read. “This will inevitably trigger a complete breakdown of an already overtaxed and under-resourced system.

“The impact will be felt more sharply by those overrepresented in the criminal justice system and more likely to be financially disadvantaged such as those who are LGBTQ2S+, racialized, and mentally vulnerable.”

The organizations accused the government of cancelling a scheduled signing of the agreement before delivering a “last-minute ultimatum that would fundamentally change who controlled the delivery of legal aid services in Alberta.”

“It is a central principle of fundamental justice that the person prosecuting an individual must be separate and independent from the person conducting their defence,” the organizations’ statement read. “On the terms of the government’s last-minute ultimatum, this fundamental principle would be destroyed. The impacts of this change will be greater than just affecting criminal defence matters. Legal Aid funding affects the administration of family law, child welfare, and immigration matters as well.

“Our organizations continue to digest these heartbreaking developments and will determine what actions we must take next. However, we stand unequivocally with the staff and management of Legal Aid Alberta and on behalf of the vulnerable Albertans we all serve.”

4:53 More low-income Albertans will be eligible for legal aid

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