Alberta Justice agrees to extension with Legal Aid

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Legal Aid Alberta will continue to operate until September following a deal to extend its current agreement with the province.

Late Friday, the Minister of Justice, Legal Aid Alberta and the Law Society of Alberta announced the extension until Sept. 5, after the current arrangement expired last weekend.

Amid negotiations for a new governance agreement, Legal Aid said the province served them with an “ultimatum,” which put its independence and funding at risk. Legal Aid Alberta was set to stop all services starting July 9, but the extension means negotiations will resume.

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“Alberta’s government remains committed to ensuring legal aid is available to all Albertans and remains sustainable for the long term,” Justice Minister Micky Amery said in a statement.

“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.”

All parties said they believed this move would allow time for ongoing negotiations to establish a “long-term and independent” legal aid program.

“The extension ensures the independence of Legal Aid Alberta. 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,” read a Friday joint statement from the justice minister, Legal Aid Alberta and the Law Society of Alberta.

Legal Aid Alberta is independent from the government. It answers to the justice minister and Law Society of Alberta but is funded by federal and provincial governments as well as the Alberta Law Foundation.

“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, Legal Aid board chair.

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The Law Society of Alberta reiterated the service’s value before adding its commitment to returning to negotiations.

“We look forward to participating in productive negotiations towards a new governance agreement,” said Deanna Steblyk, president of the Law Society of Alberta.

With the agreement extended and faith from all parties that an agreement will be reached, certificates — which represent files assigned to Legal Aid Alberta lawyers — will continue to be issued.

Widespread backlash

On Friday before the extension was announced, the Association of Justice Counsel (AJC) released a statement confirming its “unwavering” support for Legal Aid during the dispute.

“Legal Aid is a cornerstone of our justice system, ensuring that all individuals, regardless of financial status, have access to legal representation,” it said.

The AJC said the service isn’t just vital for those in need but for the entire judicial system.

“The recent decision by Legal Aid Alberta to suspend services due to a contract dispute has highlighted significant issues in the justice system that require urgent attention,” said the AJC.

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Similarly, on Wednesday, the Alberta Family Lawyers Association announced its support for Legal Aid Alberta and questioned the province’s motives.

“Has the government of Alberta considered these immediate impacts on children in need of representation? Or survivors of family violence seeking to escape to safety, emergency protection hearings, child protection hearings protecting the rights of children and disadvantaged parents and guardians or duty counsel at the courthouse to assist self-representing people,” it said.

Four groups representing Alberta lawyers — the Criminal Defence Lawyers Association, the Criminal Trial Lawyers’ Association, the Southern Alberta Defence Lawyers’ Association and the Red Deer Criminal Defence Lawyers Association — criticized the province’s move in a collective statement on Wednesday.

“This will inevitably trigger a complete breakdown of an already overtaxed and under-resourced system,” it read.

While the agreement is in place, Legal Aid Alberta services will continue. The joint statement said the justice system will continue to operate as the three parties return to the negotiating table.

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— with files from Matthew Black and Jonny Wakefield

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