Alberta government offers extension of legal aid funding after lawyers threaten to stop taking cases

The Alberta government has reversed course in its funding and governance negotiations with Legal Aid Alberta, offering to extend their original agreement, after the organization said it would stop taking new cases next week unless the province came up with a more palatable deal than its latest proposal.

LAA, a non-profit that represented 33,500 vulnerable residents last year, including children, people experiencing family violence and troubled teens and adults, operated under a governance agreement with the province and the Law Society of Alberta. The most recent deal expired June 30, after the province on June 27 proposed new terms that the LAA said would undermine its independence and put its financial future at risk.

The organization said in a Tuesday letter that it could not accept Alberta’s proposed terms and on July 9 would stop issuing certificates, which are documents authorizing legal aid staff members or roster lawyers to act on a client’s behalf, unless the dispute was resolved.

Lawyers affected by the negotiations said that, if the LAA stopped issuing certificates, a pillar of the provincial justice system would immediately implode.

But the province late Wednesday revoked its June 27 proposal and instead offered to extend the previous agreement while negotiations continue. It did not indicate when the extension would expire.

“We have offered to extend the existing funding agreement to ensure the delivery of legal services by Legal Aid Alberta continues unaltered while we continue to work with Legal Aid Alberta on the new funding agreement with strengthened transparency and accountability measures,” said Mickey Amery, the Justice Minister, in a statement.

LAA did not return a message seeking comment.

Ryan Callioux, the LAA’s board chair, had outlined in the organization’s letter a number of concerns with the government’s June 27 offer.

The terms of that proposal, he said, would give the justice minister the authority to adjust funding and payments at any time; subject LAA to restrictions on funding, including contracts with third-party service providers and employees; and create “onerous and significant” financial reporting requirements. Further, the letter alleged Alberta failed to make its April 1 payment to LAA.

LAA and the roster lawyers who serve vulnerable clients were uncomfortable with Alberta’s proposed governance changes, arguing the shift would erode the organization’s independence and put it in a financially precarious position.

If the LAA stops issuing certificates, vulnerable residents will immediately be left without representation, said Danielle Boisvert, the past president of the Edmonton branch of the Criminal Trial Lawyers’ Association. While criminal files represent the bulk of the LAA’s workload, she said the system is about helping far more than defendants accused of theft and murder.

“Let’s care about the babies that need lawyers to help them through the child welfare system to make sure they have a safe place to live,” Ms. Boisvert said. “Let’s talk about the kids who are apprehended from their parents or family members because they are in unsafe environments.”

She added: “This is family law. This is child welfare. This is immigration.”

Given that the most recent agreement between Alberta and the LAA expired June 30, some roster lawyers have stopped taking on new files, while others are worried they may not be paid for cases they are already working on, Ms. Boisvert said.

The organization issued 59,599 certificates in the fiscal year ending March 31, according to its most recent annual report. That is the equivalent of taking on roughly 163 new files per day. Additionally, Justice of the Peace bail lawyers, who work for LAA, completed more than 30,000 hearings in fiscal 2024, the report says.

Edmonton and Calgary accounted for about 38,390 of 2024′s certificates, with nine smaller centres including Peace River, Medicine Hat and Red Deer making up the balance. The total caseload included 24 certificates issued in Ontario for matters before the Supreme Court of Canada.

LAA works with roughly 1,200 roster lawyers across the province, the report says.

Adult and youth criminal cases make up most of LAA’s files, with the average roster lawyer billing per client certificate clocking just below $2,000 in fiscal 2024, according to the annual report.