Criminal lawyers protest Legal Aid fees (comment on this story)
COURT: System has been neglected for more than a decade, association says
Posted By BOB VAILLANCOURT, THE SUDBURY STAR
Posted 7 months ago
Sudbury's criminal defence lawyers are being asked to join their colleagues in boycotting the province's legal aid plan because of what the Criminal Lawyers Association of Ontario calls an inadequate fee structure.
The association's board has already voted to stop taking new Legal Aid Ontario defence cases related to homicides or guns and gang busts in the Toronto area.
The Legal Aid Plan provides compensation to lawyers for clients who qualify because of financial circumstances.
Sudbury criminal lawyer Craig Fleming, who sits on the board of the association, said in a memo to members of Sudbury's defence bar that about 300 lawyers have joined the boycott.
More than 15 years of political neglect of the plan must be corrected, said Fleming in the memo.
Over the last decade, there has been only a 10% adjustment to legal aid fees while there has been a 75% hike in pay for judges and a 57% pay hike for Crown attorneys over the same period.
Legal Aid in Ontario "is a good system, probably the best in Canada," wrote Fleming in the memo, but it needs to be reformed.
"The average criminal lawyer in Sudbury has net earnings less than most plumbers, but has attended at least six years of post-secondary school at his or her own costs; pays for his or her office, equipment, programs and staff."
The government has characterized Legal Aid as "welfare for lawyers" wrote Fleming. "In such a political environment, any young bright lawyer seems better to dedicate him or herself to lean corporate law, contracts, international law, become a Crown (attorney), a ministry counsel or seek a police job, than bother with criminal practice, unless her or she is otherwise wealthy."
In his memo, Fleming wrote that many criminal practitioners elsewhere, and a significant number in Sudbury, have already agreed to refuse Legal Aid certificates on "serious criminal matters."
Now is the time for others to join the boycott, he said.
To date, only two Sudbury lawyers are listed on the association's website as being part of the boycott -- Fleming and Glenn Sandberg.