Alberta lawyers suspend job action, accept 25% pay increase for legal aid files

Alberta defence lawyers have voted to pause their legal aid job action after the provincial government increased hourly pay following more than four months of job action that delayed trials and threatened serious criminal cases.

Four defence lawyer associations across the province met Wednesday night after Justice Minister Tyler Shandro announced an increase in the hourly tariff paid to legal aid lawyers would increase from $100 to $125 per hour. 

The 25-per cent increase takes effect Jan. 1, 2023.

"We would like to thank Minister Shandro for sitting down with our association to understand our concerns," said Criminal Defence Lawyers Association secretary Kim Arial.

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

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

The action ramped up Sept. 26 when most of Legal Aid Alberta's roster lawyers began refusing to take on new legal aid cases, demanding an increase in rates paid to lawyers and for eligibility requirements to be changed so that more Albertans qualify for help.

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.

'Chronic underfunding'

Courts across the province saw cases at risk because of delays due to the job action including sexual assault and manslaughter trials.

"Until now, Legal Aid Alberta was compensating lawyers at rates substantially lower than what is paid in other provinces and was not providing lawyers with enough time to properly prepare for trials," said two of the defence lawyer associations in a written release Thursday morning.

"Chronic underfunding of the program also meant that many Albertans living below the poverty line were told they made too much money to qualify for legal aid representation."

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

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

The province had already implemented an interim boost to hourly tariffs in October, increasing the rate from $92.40 to $100 per hour. But it wasn't enough to end the job action. 

"We look forward to participating in the ongoing review of all aspects of legal aid funding, where we will advocate to ensure all low-income Albertans can access the legal representation they need," said Arial.