Alberta government increases legal aid hourly pay by 25% amid job action

After four months of legal aid job action, the Alberta government announced Wednesday it has increased hourly tariffs for lawyers from $100 to $125. 

The provincial government has approved the 25 per cent increase effective Jan. 1, 2023.

The announcement comes after lawyers, represented by organizations in Calgary, Edmonton, Red Deer and southern Alberta, launched job action on Aug. 8.

Lawyers across the province refused to accept most legal aid cases, delaying sexual assault and manslaughter trials, putting them at risk. 

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A spokesperson for the Criminal Defence Lawyers Association has not yet said whether this will end the job action but did say all four groups will meet Wednesday night.

"Our organizations have been putting unrelenting pressure on the government for this sort of meaningful good faith increase to the tariff since August," said Kelsey Sitar, vice-president of the Criminal Defence Lawyers Association.

Justice Minister Tyler Shandro said the government's review of legal aid funding will be completed in the new year.

"I want to thank all legal aid lawyers for their patience and advocacy as we have worked our way through the review," said Shandro in a written statement.

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Legal Aid Alberta (LAA) is a non-profit organization that provides legal services to Albertans in family, domestic violence, child welfare, immigration and criminal defence cases.

A spokesperson for LAA declined to comment on the government's announcement.

Situation 'never should have gotten to this point'

In a press release distributed Wednesday afternoon, NDP justice critic Irfan Sabir called the tariff increase a "positive step" but said the situation "never should have gotten to this point."

"The UCP refused to honour the 2018 agreement signed by our government … the tariff increase still fails to address the other issues facing legal aid, including paying arrears owed to legal aid under the 2018 agreement and revising eligibility guidelines to ensure better access to justice."

The lawyers taking part in the job action asked the government for both an increase in rates paid on legal aid cases and for eligibility requirements to be changed so that more Albertans qualify for help.

Most of Legal Aid Alberta's roster lawyers have been refusing to take on new legal aid cases since Sept. 26.

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In April, Legal Aid Alberta was asked to conduct a modernization review of its system. The organization submitted recommendations to the minister in October. 

That same month, an interim boost to hourly tariffs was announced, increasing the rate from $92.40 to $100 per hour.

Sitar said at the time that the cash bump from the Alberta government "was all federal money the province had coming to them already and they had to use to fund criminal legal aid."

The province's "comprehensive review" of eligibility guidelines and hourly rates is due next spring.