Legal Aid service continues, negotiations remain open

Pearl Lorentzen
For South Peace News

For the first few days of July, there was uncertainty about continued access to Legal Aid in Alberta.

However, on July 5, the Government of Alberta, Legal Aid Alberta, and the Law Society of Alberta issued a joint statement that negotiations had reopened and services would continue.

Legal Aid provides duty counsel (a free lawyer during docket court who can help everyone) and hires lawyers for people with low income for family and criminal court. It is run by a governance agreement between the three parties. Initially, the governance agreement ended on June 30, 2024.

July 2, Legal Aid Alberta board chair Ryan Callioux issued a message on the Legal Aid website, saying that unless the situation changed (which it did) on July 9 at 4:30 p.m., Legal Aid would stop “issuing certificates.” These certificates are how lawyers receive contracts for duty counsel and to help low-income clients.

The same day, Callioux called Alberta Minister of Justice Mickey Amery back to the negotiation table.

A July 5 joint news release says that the governance agreement has been extended to Sept. 5, 2024 and the service will continue.

“The extension ensures the independence of Legal Aid Alberta,” reads the news release.

“All parties agree this is necessary to carry out its mission of upholding the rule of law and protecting the rights of disadvantaged Albertans in the justice system.”

In the July 5 joint news release, Amery says, “Alberta’s government remains committed to ensuring Legal Aid is available to all Albertans and remains sustainable for the long-term. We will continue to engage with Legal Aid Alberta and the Law Society of Alberta to finalize an agreement in the best interest of Albertans.”

In the joint news release Callioux, adds, “We look forward to good faith negotiations and establishing a long-term governance agreement that ensures independent legal advice and assistance for vulnerable and disadvantaged Albertans in the justice system.”

Deanna Steblyk, KC, president of the Law Society of Alberta agrees.

“Legal Aid Alberta plays an important role in the justice system and an independent, well-functioning Legal Aid system is essential to the administration of justice in Alberta. Accordingly, we look forward to participating in productive negotiations towards a new governance agreement.”

In his original message on July 2 Callioux says that from Legal Aid’s perspective, negotiations of a new governance agreement started in March 2023, with only minor issues until April 10, 2024. However, Legal Aid heard nothing from the Minister of Justice from April 10 to June 27, 2024 (the Thursday before the Canada Day weekend). That day, the Legal Aid board was given until July 1 (a holiday) to agree to a new governance agreement, which wasn’t the one negotiated over the previous months.

If the service had ended, it would have had a local effect. In criminal court in High Prairie, a common reason people ask for more time is to apply for Legal Aid. Local people also use it for family court.

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