The piece came as dozens of lawyers walked out of courthouses across the province to protest a lack of progress in their fight with the provincial government for increased legal aid funding. Legal Aid Alberta (LAA) president John Panusa wrote an op-ed published Thursday in the Calgary Herald that attacked the organization’s “lawyers” — lawyers who take on legal aid cases. Panusa wrote that the LAA is “OK” and has “adequate funds” to support its services. The piece sparked a backlash among some in the legal community. In a Tweet Thursday, defense attorney Chad Haggerty described Panusa’s piece as “bad, tone-deaf, uninformed.” So I can sum it up for you: as politely as possible, it’s vulgar, tone-deaf, uninformed shit. 1/https://t.co/KXKA2gHIGO —@Chagg164 Following Panousa’s public comments, there were calls for his resignation, a demand the LAA declined to comment on. “Albertans deserve a legal aid CEO who will fight for them,” Criminal Lawyers Association president Danielle Boisvert said Friday. “If you’re not willing to do the right thing, Mr. Panousa, if you’re not going to fight for the most vulnerable people in this province, then what Albertans deserve is your resignation.” The Calgary Defense Lawyers Association (CDLA) is protesting what it describes as “critical underfunding of access to justice.” Dozens of Edmonton lawyers demonstrated Friday. They say legal aid relies on free or underpaid work by its lawyers and many services that should be covered are not covered, leaving vulnerable Albertans to deal with the justice system on their own. (Kory Siegers/CBC) Lawyer and protest organizer Kelsey Sitar said Panusa’s messaging ignores the fact that the LAA relies on the free or underpaid work of its lawyers and does not provide many services that should be covered, leaving vulnerable Albertans to face the justice system alone . “It is the government that has an obligation to ensure equal access to justice for all Albertans,” Sitar said. “They cannot fulfill that obligation without the assistance of defense attorneys.” LAA is a not-for-profit organization that provides legal services to Albertans in family, domestic violence, child welfare, immigration and criminal defense matters. The lawyers, represented by organizations in Calgary, Edmonton, Red Deer and southern Alberta, began industrial action on August 8 when they began refusing to accept some legal aid cases.
“We won’t hold court without them”
Friday’s strike saw more than 100 lawyers and supporters gather outside courthouses across the province as they refused to work for 90 minutes. From 9 to 10:30 a.m., the presiding judges left the proceedings, waiting for the defense attorney to return. Some even appeared to support the action, refusing to begin calling the list of defendants until defense attorneys returned. Senior defense lawyer Allan Fay joins Friday’s strike for work at the Calgary Courts Centre. (Meghan Grant/CBC) “We’re not going to hold court without them,” Court of Queen’s Bench Justice Alice Wooley said as she adjourned for an hour. Earlier this month, Joseph Dow, a spokesman for Justice Minister Tyler Shandro, said Alberta offers more legal aid services than other jurisdictions and that since 2015, the government has increased funding to the LAA by 47 per cent. However, according to figures from the LAA’s annual reports, provincial government funding increased by 47 per cent between the 2015-16 and 2018-19 financial years, but decreased over the next two years.
Sandro has no right to “his facts”
The province has not met its 2018 funding commitment, which is now $80 million behind schedule, according to a statement released by several advocacy groups this week. “It is absurd that Minister Shandro continues to suggest that legal aid funding has increased since 2015,” Sitar said. “Like anyone else, the minister is entitled to his own opinions, what he is not entitled to is his own facts.” On Friday afternoon, Shandro issued a statement echoing Panusa’s comments that Albertans still have “uninterrupted access to justice.”
Justice judge attends Calgary protest
Shandro did not commit to increasing funding, but said work is being done to determine if there is a justification for increasing funding to the LAA. “Legal Aid Alberta (LAA) and Justice and Attorney General officials have started this project and if there is evidence to support an increase in the rate paid to defense lawyers, we will make that request to the Treasury,” he said Sandro in a statement on Friday. . Irfan Shabir, the NDP’s justice critic, tweeted his support from the Calgary rally, saying an NDP government would meet the $80 million. “THE [government] must act now, release all overdue funding and work with lawyers’ organizations to reach a fair and reasonable deal,” Shabir wrote.
Lawyers groups ‘pleading for more funding’
On Thursday, participating attorneys began denying new LAA cases involving the most serious criminal charges, including sex offenses, firearms-related crimes and murder. Boisvert called the situation a “breaking point.” “We’ve written letters, given feedback, offered solutions and asked for more funding so marginalized people aren’t left to face the overwhelming power of the state alone,” he said Friday. Recent work actions have seen LAA staff lawyers, who are not specialists in criminal law, take on cases. Haggerty, who is one of the protesting attorneys, said he saw an attempt by an LAA staff attorney to confront a defendant who was being held on $100 cash bail. That person was unable to pay, and the staff attorney proposed adjourning the case for a month, leaving the defendant in custody despite being granted bail. A senior attorney stepped in to make alternative arrangements and the defendant was released, according to Haggerty.
