QUESTION PERIOD — Ministry of Justice
Legal Aid Funding
October 5, 2022
Minister Lametti, in my home province of Alberta, the legal aid system is facing a crisis. Defence lawyers are refusing to take on new clients due to the concern that compensation for lawyers who work on these difficult cases has not kept pace with the cost of anything. This is causing backlogs throughout Alberta’s criminal justice system. Although legal aid is primarily funded by the province, there has been a tradition of federal backstop. Since Alberta is not alone in facing this crisis, has there been any consideration of doing something — more on a national scale — to ensure that the defendants and the accused are not losing the opportunity to have a full defence and to ensure that the criminal bar is receiving adequate compensation for what is often difficult work?
Thank you, senator. I share that concern. It’s an important question. I have worked very hard as the Minister of Justice to get more resources for legal aid funding across Canada and to be able to implement more permanent funding as we move forward. It’s a constant battle, but I’m fighting it. I’m also working with my provincial counterparts — because the administration of justice is a provincial jurisdiction — to create a funding allocation mechanism that is not only fairer but also more permanent.
By working with my colleagues, I do hope to get the funding to that point, as well as have a more stable funding path moving forward. Again, usually the federal contribution, at a base, covers criminal law matters, as well as immigration and refugee matters, with the provinces usually funding civil law matters to the extent they wish. Again, we are working at it. I can assure you that work is being undertaken at both the ministerial and the officials level, and hopefully we’ll get to a better place soon.
