RSS FeedLawFacts: Online Legal Advice from Legal Aid Ontario
By: Simon Borys; Cross Posted on Simon Says
Legal Aid Ontario (LAO) recently launched a website entitled LawFacts which is designed to provide information about the criminal justice system to people in Ontario. (See the press release here.) It will not provide you with specific legal advice about your particular situation, but it does have general information on:
- Sentencing
- Bail
- Being a surety
- Court orders
- Diversion
- Duty counsel
- First appearances
- Guilty pleas
- Peace bonds
- Types of sentences
In addition, it has some forms and checklists that people might find helpful, as well as a glossary of legal terms. Some of the information on this website will be applicable to people outside Ontario (since much of the criminal justice system is governed by the Criminal Code – a federal statute), but some of it is unique to the way we do things in this province.
Concern has been raised among the criminal defence bar that LAO may be attempting to steer people towards duty counsel and towards early pleas with this endavour, rather than encouraging and enabling them to retain counsel (which would allow them to fully realize and enforce their Charter rights in the criminal justice process). This is something that defence lawyers understand (as we all should) is necessary to (a) prevent wrongful convictions and (b) support a system that would accord everyone a maximal amount of procedural protection to ensure they are treated fairly.
LAO may well have a vested interest in pushing people towards duty counsel and early guilty pleas since it makes their job of disbursing limited legal aid funds to accused who need a lawyer easier. However, even if this is true (and I don’t claim to know whether it is or not) I don’t think that invalidates the utility of a website like LawFacts. I am of the opinion that the more educated people are the better they are able to make informed choices and enforce their rights, which in turn ensures that the system works properly for all. In fact, this is one of the main philosophies behind my blog and writing about police related issues – to better equip the public to interact with police and the justice system in a more informed and educated way.
For those who do want to educate themselves, I would suggest you not stop at this website, but I think it can be a good start. That being said, I think no amount of personal education is a substitute for a properly trained and experienced lawyer assisting you – be they privately retained or funded by Legal Aid, especially in criminal cases where the stakes are highest.
Simon Borys is a law student at Queen’s University in Kingston. He is also a former police officer and an an aspiring criminal lawyer. His Blog, Simon Says, focuses on dispelling policing myths and demystifying the law.
The Unrepresented: An Update
A few weeks ago I posted a blog about the Unrepresented – those who can’t afford a lawyer and don’t qualify for legal aid. A few days ago I noticed an article in the Star about an initiative called justicenet that seeks to address this very problem. Through the efforts of Heidi Mottahedin, an internet-based service has been launched that connects people in need with socially conscious lawyers who are willing to work at a reduced rate.
I think that journalist Carol Goar is absolutely right when she suggests that this effort will be insufficient to deal with the enormous structural problem facing our legal system; however, Heidi Mottahedin deserves high praise for her efforts, as do the lawyers who are sacrificing income to be a part of justicenet.
Meanwhile, Legal Aid Ontario is planning to open a Family Law Services Centre in North York. No doubt this will be similar to the Family Law Information Centre at the London Superior Court, where those in need can get information about the law, shelters, counseling and mediation services in the area etc..
Family Law is an area where the lack of affordable legal help is particularly acute, and although the legal assistance provided at these service centres is limited, it is quite helpful nonetheless. A brief consultation will ensure that matters that don’t belong in court are redirected while matters that do belong in court are refined to exclude extraneous issues. The result is a more streamlined court system. At a lecture at Western Law a few weeks ago, Justice Harper expressed his desire for every court to have a Family Law Information Centre. He left me with the impression that he is working behind the scenes to try to make it happen.
Apparently there are people in the legal community doing the hard work to bring about change. If enough people step up to the plate, who knows? Maybe the problem of the unrepresented can be wrestled to the ground without resorting to harsher measures.
Ontario AG responds to continuing Legal Aid boycott
The boycott of legal aid by the Criminal Lawyer’s Association continues. I reported a few days ago that the CLA would not endorse the government’s plan to inject $150 million into Legal Aid on the basis that the funds did not come close to making up for losses against inflation that criminal lawyers have endured since 1987 (among other reasons).
Below is the latest letter from Ontario’s Attorney General Chris Bentley in response to the CLA’s rejection of the plan.
—
Dear Member of the Bar:
As many of you know, legal aid has been an ongoing passion of mine, throughout my 25 years as a criminal defence lawyer and during my time in government. That’s why I was pleased to announce that the McGuinty government is investing $150 million over the next four years. This 21% increase to Legal Aid Ontario’s base funding means that Legal Aid Ontario will receive an additional $60 million in year four and every year thereafter. This investment means that the government’s contribution to Legal Aid will rise from $288 million per year to $348 million per year.
We understand that to get legal aid to a better place, we have to properly support lawyers.
This is the largest investment that the province has made since the beginning of legal aid. We are committed to ensuring that the poorest Ontarians get the legal support that they need, when they need it and in the way that they need it. I am confident that the Bar shares these goals. This investment will support poverty alleviation. It will also help drive significant reforms in our family and criminal courts—which will themselves help Ontarians needing assistance.
The transformation plan targets four key areas: creating a central role for legal aid clinics in poverty alleviation; fostering a faster, less confrontational and simpler family justice system; promoting justice effectiveness through the use of block fees; and improving the approach to big cases.
The members of the Bar, including the Alliance for Sustainable Legal Aid, asked us for two things: an additional investment and an assurance that they would not simply be presented with a reform plan that was a fait accompli. As a result, we will immediately establish an Advisory Group in each of five areas: family, clinics, large criminal case management, standard criminal cases and immigration law. Your advice as front-line service providers, on the advisory groups will inform how best to achieve our mutual goals.
There are a few parts of our announcement that I would like to clarify:
- We have been explicitly given direction to develop and seek approval of an indexation mechanism. This has always been part of our legal aid renewal plan. The implementation would take place in 2013 (our investment rises every year until then);
- We understand that appropriate support is required for service providers to assist Ontario’s vulnerable and are open to the Advisory Working Group’s advice on the best way to provide that support so that we get experienced counsel in family and criminal matters. There was a specific commitment to look at models such as the British Columbia big case model if the advisory group so advised;
- This historic investment in legal aid is not the government’s “opening proposal” as some have suggested. This is the single largest increase to legal aid funding ever in Ontario. In fact, it is one of the largest single justice sector investments in history. The discussion from here forward needs to be about how to make the funding work as well as possible; an over 20% increase to LAO’s base budget is unprecedented and significant in the best of times. It is extraordinary in these times.
- The Major Case Management Office is being created to provide the required accountability and quality control that the Bar has supported. The government is responsible to ensure that cases progress and that the rights of the accused are protected.
- Legal Aid is responsible to ensure that the accused who need counsel to defend themselves on serious charges but cannot afford them have access to counsel. To the extent that members of the private bar remain unavailable to do these cases, a large case office will have to develop the permanent capacity to do them. The capacity and role of this office, will, therefore, depend, on the availability of private counsel.
We are committed to a legal aid system that provides support to Ontarians when they are at their most vulnerable. This investment will ensure that a vibrant legal aid system is able to assist those in need, now and in the future.
Sincerely,
[Original Signed By Hon. Chris Bentley]
Hon. Chris Bentley
Attorney General
Legal Aid boycott to continue
I spoke too soon when I congratulated the Criminal Lawyers Association on convincing Ontario Attorney General Chris Bentley to boost funding to Legal Aid Ontario to the tune of $150-million over the next four years.
It turns out that the battle will be continuing. Despite the funding boost, the Criminal Lawyers Association board has voted in favour of maintaining the boycott of legal aid.
Frank Addario, President of the CLA, argues that the cash infusion is merely a stop-gap measure which does not address the underlying concerns of the criminal defence bar. In a communique to Association members, Addario pointed out that when broken down, legal aid lawyers would be receiving a raise of 5% or less over the next four years.
This wouldn’t come close to correcting the income disparity between legal aid lawyers and Crown attorneys. It also wouldn’t address the many years of funding freeze and funding rollback that sparked the boycott in the first place. Addario explains:
If the population, the crime rate, the complexity of cases and inflation all remain stable in the next 4 years a 20% increase in funding will not eliminate the 60% loss against inflation since 1987.
Besides the money, there were other important reasons for the board’s decision to maintain the boycott. Expect a formal announcement later this week or next.
Legal Aid to get a much-needed funding boost
After years of neglect, the Legal Aid system in Ontario has been scheduled for an overhaul. On Tuesday, Attorney General Chris Bentley will announce $150 million in new funding for Legal Aid, as well as significant changes to the way the system works.
Legal Aid Ontario (LAO) is an independent, publically funded organization which is dedicated to improving access to justice in this province. With a current budget of about $288 million, the infusion of $150 million into the system over the next four years represents a huge boost.
Kudos are due to the Criminal Lawyers Association and senior defence lawyers across Ontario for taking dramatic steps to raise the public’s awareness of the ongoing injustices in the Legal Aid system. Kudos are equally due to AG Chris Bentley for listening and taking action to correct them.
Many members of the public don’t realize what legal aid money is actually spent on. The new funding will not only be used for criminal defence. In fact, much of the money will probably be directed towards family law services, such as helping people below the poverty line protect the best interests of their children. Among other things, LAO also funds: community clinics (such as the one I work for), duty counsel in court, aboriginal services, compensation for injured workers, tenant rights protection, compensation for victims of crime, and other victims services.
As for the actual changes, we can only speculate until they are officially announced on Tuesday.
However, Bentley has hinted that he will be moving towards a block-fee system rather than an hourly rate for criminal lawyers. Interestingly, this is the system that was previously in place; it was rejected in favour of the hourly wage with maximum hour caps for particular types of work, such as trials, bail hearings, and Charter applications. The block-fee system was criticized for creating an incentive to work as many cases as possible while putting in as few hours of work as possible into each. It remains to be seen how the AG will address these concerns.
It is also expected that in the family law arena, changes will promote more collaborative dispute resolution, such as mediation. This would be a positive step that would free up court resources and make the family law process much less adversarial.
Another change which I am personally hoping for is a Provincial program under s. 802.1 of the Criminal Code that would allow student legal aid clinics to work on summary conviction cases which are punishable by more than 6 months in jail. Having smaller clinics do this type of work would relieve some of the burden on more experienced lawyers, who could direct their efforts towards defending more serious offences.
See also: $150m More Legal Aid for Ontario
Life Beyond OCI – Not the Only Option
On Nov. 14, the Career Services office at UWO Law held a session On Campus Interviews – Not the Only Option.
Some of our contributors attended and provided their notes from the event below.
There are some general concerns about the economic climate, which has translated into a job shortage in some sectors. But generally Western students performed well in job searches, better especially in comparison to other law schools, despite what some law school rankings might say.
Students should not panic if they did not get a summer job for second year through the OCI process. There are about 300 other law firms they can apply to. It’s also an opportunity to do some self-reflection and career planning, to be sure you know where you want to go in law.
Students can seek out options to improve their candidacy. They can build their resume, or try to improve their grades. They can network at free events, or even with upper year students.
Areas of self-reflection include what went right, but also where they can improve. Students should ask themselves what do they want in life, and if their career aspirations are realistic.
Things to consider include the location of a firm, its size, practice areas, lifestyle and work environment. There are lots of options for barristers in smaller towns.
Alternative ways to find jobs include looking for job postings, mail outs and cold calling, and networking generally.
Potential employers they may not have considered are other firms, large and small; government, such as the Department of Justice (DoJ) and Ministry of the Attorney General (MAG); businesses and corporations; non-profit organizations like Legal Aid Ontario and NGOs like PSLawNet; and educational institutions or universities.
The articling and clerking recuitment deadlines are slightly different and should be kept in mind. Clerking deadlines are in December/january, and articling deadlines are May/July.
Resume building can be accomplished through volunteering, clinics, publications, internships and exchanges, clubs, extra-curricular activities, and advocacy competitions.
Some final words of advice were to stay positive, be proactive, and think outside of the box.
