RSS FeedLegal 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
The Privileged and the Impoverished: Now One and the Same?
The Problem with a Striking Union Claiming Poverty
The first full week of the York University lockout has begun and York Administration and CUPE 3903 appear to be miles apart. Among its demands, CUPE 3903 is asking for a marked increase in wages (an 11% increase over two years). Lofty ambitions indeed.
To preface this discussion, consider the following facts. The average wage increase for public employees was 2.6% in 2006. Currently the York administration is offering 3903 a wage increase in line with this average.
3903 is comprised of three units, and in its strike demand asserts that the units comprised of teaching and graduate assistants should receive wages (including grant-in aid and minimum summer guarantee) above the poverty line. 3903 uses the LICO measure as a poverty line indictor ($22, 653).
Let me be clear in stating that this assertion is not only incredibly insensitive but also misleading.
To clarify, 3903 expects a high-quality graduate education, to obtain a graduate degree (at no net cost to them) and to be paid $22,653 for their part-time work in the process.
Discussion of this topic could take many different paths. I could perhaps discuss the problems with using LICO as an indictor for poverty, or discuss the various problems and barriers when negotiating with a Union (which also includes contract faculty) which represents many varied interests. While tempted, my main assertion is that one must not confuse or conflate the respective purposes of education and employment.
Pursuing a graduate degree requires both academic excellence and some financial liquidity. While there is room for flexibility on both, graduate students are well aware that in order to study further, one must forego the prospect of full-time employment in most cases.
Graduate students receive income which not only covers the expense for their education but also leaves a lot of money left over for personal living expenses. Additionally, they receive a comprehensive benefits plan and frozen tuition that reflects fees from approximately ten years ago (after tuition rebate). How many other students can say they receive benefits remotely close to these?
Factors Indicative of Poverty
3903 claims they are living below the poverty line. The Ontario government and other anti-poverty agencies confirm that low wages is a key factor to families living in deepening poverty. To remedy this, Ontario’s Poverty Reduction Strategy is to increase over time the minimum wage to $10.25 and to provide health and dental benefits to low wage workers. In contrast, 3903 members make well over $23.00 an hour and receive a benefits package that is unparalleled by many sectors.
According to the 2007 Report Card on poverty in Ontario, another key factor is the increased use of food banks by those under the poverty line. Have any members of 3903 begun to frequent these establishments?
This report also discusses the use of social assistance by many families who are under-employed or don’t have a job at all. Have 3903 members considered applying to receive Ontario Works? Since the Union asserts that their income is ‘below the poverty line’ meeting the financial criteria will be a cinch (sarcasm intended). They will have to establish, however, that they need money for food and shelter immediately, oh, and will also have to be willing to take part in activities to help them find a job.
N.B. You are ineligible to apply for Ontario Works if you are a single student receiving a student loan. The rationale behind this is probably that education is considered a critical pathway out of poverty that increases skill levels and access to better paying jobs. See A Poverty Reduction Strategy for Ontario for more.
The Union argues that the University provides funding and dissuades students from procuring external employment as is reflected in their contract. Taking that point to be true, it is virtually impossible to enforce and is a minor deterrent at best (for those in need of extra funds). Further, during the summer term they can very manageably work 20 hours/week, if not full-time, while completing their research, thereby significantly supplementing their income
My application of poverty indicators to 3903 may seem too extreme to address this Union’s demands. I must stress, however, that this is the reality of poverty in Ontario.
I invite those who read this post to weigh in on what they believe poverty to be. It is clear, that a review of the employment conditions of 3903 does NOT reflect true poverty. Graduate students are supposedly among the best and brightest in Ontario and will most likely receive higher than average incomes. By claiming poverty, they are distorting what society perceives poverty to be. In turn, this may lead to a desensitized view of the real and pressing issues of poverty in Ontario. Dissatisfaction with wages does not amount to poverty, and as such this line of argument should be rescinded from the message of CUPE 3903 immediately.
Sunira Chaudhri Second Year Law Student at Osgoode Hall
