Social Policy in Ontario

Last December Legal Aid Ontario made a tough decision. It announced it would provide funding to pay for criminal defence lawyers only in cases where there is a “substantial likelihood of incarceration” for the accused.

That left thousands of people out in the cold. While they might not be facing jail time, without proper representation they could be deported, fired or slapped with a hefty fine — never mind the potential for ending up with a criminal record.

Still, it was the only way the organization could see its way to dealing with a $26-million deficit on its $440-million annual budget.

Legal Aid Ontario says it plans to restore coverage of lawyers’ costs for those not facing jail times by 2019-20.

But that’s too late for those caught up in the system now. They need immediate assistance and they should get it.

It’s not Legal Aid’s fault it has come up short this year. An independent audit released on Tuesday found little to criticize about how the organization has handled its budget.

And Legal Aid itself has argued that the deficit is a result of increased demand for services.

As a result, the provincial and federal governments must come up with the money to cover this year’s deficit so that impoverished people caught up in the court system are properly represented.

Let’s start with the federal government. A great deal of the new pressure on legal aid this year stems from skyrocketing asylum claims in the past year and years of flat-lined federal funding. As well, there has been less use of a faster, cheaper “expedited” program at the Immigration and Refugee board, leading to a more complicated and expensive legal process.

Legal Aid Ontario was allocated only about $1.7 million in new funding in the recent federal budget. It’s pushing for an additional $13 million from Ottawa, arguing that dealing with refugees is a federal responsibility.

If Ottawa did kick in that money, Legal Aid would need another $13 million from the province. Under the circumstances, it would be money well spent.

It’s hard to forecast demand for legal services. As the auditors pointed out, it’s driven by many factors, such as changing government policies.

The bottom line is that the need for legal services is up, through no fault of Legal Aid Ontario. Governments have no choice but to step up with the necessary funding. Poor people should not be left to fend for themselves in a complicated legal system.

https://www.thestar.com/opinion/editorials/2017/05/09/dont-abandon-impoverished-people-who-need-legal-aid-editorial.html