Low-income Albertans facing jail time, including more than 700 across the Town and Country area, won’t be without a lawyer after tense negotiations between Legal Aid Alberta (LAA) and the provincial government saw an expired agreement extended for three months.
In a press release issued late July 5, Mickey Amery, Alberta’s Minister of Justice, LAA and the Law Society of Alberta announced an agreement to extend the Governance Agreement which funds LAA until Sept. 5. In the meantime, the three parties will continue to work on a long-term solution
“Alberta’s government remains committed to ensuring legal aid is available to all Albertans and remains sustainable for the long-term,” said Amery. “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.”
LAA had announced it would no longer issue certificates as of July 9 — the method through which lawyers are assigned and paid for cases — but will be continuing services as usual while it negotiates further with the provincial government.
“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,” said Ryan Callioux, who chairs the organization’s board.
According to LAA’s public year end reports, it issued 41,490 certificates in 2015-16, and 59,599 in 2023-24.
In the 2023-2024 fiscal year, LAA provided 743 certificates across the Athabasca, Barrhead, and Westlock courthouses. Athabasca led the way with 252 certificates, followed by Westlock’s 226, Barrhead’s 174, and Boyle’s 91. LAA also provides duty counsel for smaller courthouses that don’t have a staff lawyer for the role, including the four listed above.
The majority of LAA’s certificates are for criminal matters and an individual must be facing jail time to receive assistance from the organization. Youth defendants have an enshrined right to a legal aid lawyer under the Youth Criminal Justice Act.
A close call
On June 27, the Province of Alberta announced it wanted to head in a new path that represents a “significant departure” from the previous governance agreement, which expired July 1.
In its place, Amery put forward a proposal for a year-long grant agreement which LAA refused, with Callioux citing multiple issues with the document.
“Generally, the Grant Agreement is skewed heavily in favour of the minister, with almost no meaningful obligations on the part of the minister, including any obligation to continue funding,” said Callioux, who said maintaining LAA’s independence was the board’s top priority.
Callioux listed the fluid funding model — the Minister of Justice has sole discretion to change funding amounts under the proposal — and strict restrictions on funding as two of the eight reasons his board felt it couldn’t accept the offer.
Amery said the government’s decision was based on fiscal responsibility and pointed out that LAA’s funding had almost doubled since 2015.
“Albertans expect their government to be responsible with their hard-earned tax dollars,” said Amery in a July 3 statement.
“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.”
Amery said his ministry had extended the offer to, “ensure the delivery of legal services by Legal Aid Alberta continues unaltered.”
