TLA applauds proposed Legal Aid pay increases, modernization

By Tony Poland, LegalMatters Staff • Proposed amendments to improve Legal Aid payments along with $166 million in Ontario government funding to expand online legal services were hailed as “positive advances” by the Toronto Lawyers Association (TLA).

Legal Aid Ontario (LAO) reforms on rates and tariffs paid to defence counsel represent a “significant investment in the defence bar,” says TLA Criminal Law Committee Co-Chair Ian Kasper.

LAO is seeking consultation from stakeholders on the reforms that will: 

• Increase the hourly rates for roster lawyers and the amount paid for block fees.
• Increase the number of hours allocated under the hourly tariff.
• Allow per diem duty counsel to bill according to their tier rate.

“There will always be disagreements as to whether Legal Aid is paying enough to lawyers,” Kasper tells LegalMattersCanada.ca. “Many would still say that the level of funding for defence counsel is quite low and insufficient. 

‘More work needs to be done’

“At the very least this proposed injection of funds should alleviate some of those concerns,” he adds. “The TLA believes this is an extremely positive start. However, more work needs to be done and should be done in the future.”

Kasper says the TLA also applauds an Ontario government plan to fund more legal services online, replacing outdated paper-based procedures with a digital platform that will support access to the Superior Court of Justice and the Ontario Court of Justice.

“Ontario is one step closer to a digital justice system that helps people resolve legal matters easier and faster,” Doug Downey, Attorney General of Ontario announced earlier this month. “Today marks a significant new chapter in our government’s plan to build a more modern, accessible and effective justice system now and into the future.”

According to the government, the new digital justice platform will allow court users to:

• File documents quickly and easily online.
• Digitally access court case information online.
• Pay fees online.
• Connect virtually to hearings.
• Manage court appearances online.
• Receive decisions electronically.

Stepping into the modern era

“I hesitate to say that there was a silver lining with COVID because it was such a challenging time,” says Kasper. “However, it forced the justice system to step into the modern era. Before the pandemic everything was paper. Everything was in person. It was horribly inefficient and horribly expensive.

“I believe most counsel and the judiciary would agree that this plan will be beneficial,” he adds.  

Prior to the pandemic, Kasper says if he needed a court document, he would have to send a request by fax. Someone would have to pull the file, scan the document and mail it to him, he says. 

However, electronic filing has become “a game changer,” Kasper says.

“Access to court documents will improve significantly,” he says. “The amount of money that will be saved by clients with digitization alone is significant and the ease of use for everybody involved is enormous. 

“Modernization of the justice system is something that has been slowly percolating for many years,” Kasper adds. “COVID made the need to modernize even more urgent and the TLA is pleased the government is investing in initiatives such as this.” 

Important to ensure access to justice

Investing in modernization and the Legal Aid program is important to ensure access to justice, he says.

“We realize government budgets are tight after the pandemic,” notes Kasper. “The fact that this financial injection is occurring is appreciated.”

While many lawyers understand the importance of Legal Aid and will take on files despite low pay, he says some remain hesitant because of the financial hit they are forced to take. 

“The proposed amendment to the fees is a good first step,” says Kasper. “Just recognizing that counsel doing this work deserves to be compensated is important and it is meaningful to the justice system.

“Often the work completed by defence counsel is not fully remunerated based on the legal aid billing rules. However, lawyers who are passionate about this work will make a sacrifice to assist our clients,” he adds.

The TLA responded to the LAO’s call for input, writing that “a strong and adequately funded defence bar is critical to maintaining a balanced and fair justice system.”

The TLA provided opinions on six areas:

• eligibility for the “mental health block” and “mental health enhancer;” 
• eligibility for mid-level case management; 
• billing judicial pre-trials; 
• eligibility for the global resolution authorization; 
• coverage for a Myers review; and 
• clarification of the change to the ’64-hour rule’. 

To read the submissions, click here.

Roles are ‘constitutionally enshrined’

Kasper says adequate legal aid funding is essential since defence attorneys’ roles are “constitutionally enshrined.”

“It is recognized that defence counsel acts as a check and balance on the power of the state to investigate and prosecute individuals,” he says. “It is important that defence lawyers are compensated for work that is invaluable to the justice system. Not just to the accused but also to the Crown, police and judges who strive to get cases through the system and need to see a fair and just resolution. Defence counsel will assist in that.”

The TLA also recommended the creation of an ongoing review mechanism for hourly rates and the tariff, noting that the last major review was completed in 2015.

“Regular reviews ensure that the tariffs remain appropriate,” says Kasper. “We know compensation for police, the Crown, judges and court staff is reviewed regularly. A regular review should exist for legal aid. The TLA has offered to participate in any review process.”