There is no way this Ontario agency should have such a large surplus. Here’s what it needs to do

Posted on March 9, 2025 in Equality Delivery System

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TheStar.com – Opinion
March 7, 2025.   By Faisal Kutty, Contributor

“Legal Aid Ontario’s surplus offers a chance to address systemic issues by raising eligibility thresholds to reflect real living costs,” writes Faisal Kutty. “Current thresholds barely align with poverty levels, excluding many in need. Setting realistic criteria would expand access to justice.”

Legal Aid Ontario recently announced a $229.5 million surplus, bringing its total reserves to $327.2 million. While this may seem fiscally responsible, it exposes deep systemic failures. Thousands of vulnerable Ontarians are still denied legal representation due to rigid eligibility rules, chronic underfunding and bureaucratic inefficiencies.

Despite the surplus, barriers to access remain insurmountable for many. Legal Aid Ontario’s current financial eligibility threshold to qualify for family and criminal duty counsel services — $45,440 for families of up to four people — is woefully inadequate, excluding countless low- and middle-income Ontarians who cannot afford legal representation.

This leaves those struggling to meet basic needs without representation due to an unrealistically low eligibility threshold. Facing the legal system alone is daunting and often leads to injustice. As Patricia Hebert of the Canadian Bar Association noted, “Every dollar spent on legal aid saves the government $6 in social service spending,” underscoring its broader societal benefits.

A growing concern is the shrinking number of lawyers taking legal aid cases due to mounting administrative burdens and the fact that while there have been compensation increases, they have been insignificant. Many feel helpless watching people in need while legal aid work remains financially unsustainable.

Some prefer occasional pro bono cases over navigating the bureaucratic nightmare of legal aid retainers. The block fee system and red tape have made legal aid unviable, with most lawyers, including recent graduates, avoiding it entirely.

Most lawyers I know, even recent graduates hungry for work, will not touch legal aid files.

The lawyer shortage worsens an already strained system, forcing many low-income Ontarians to self-represent. As former Supreme Court Chief Justice Beverley McLachlin noted, “Legal aid is essential to the exercise of Charter rights,” ensuring fair trials, timely hearings, and the presumption of innocence.

Inadequate legal aid funding burdens the justice system, leading to longer court proceedings, backlogs, and inefficiencies. Self-represented litigants strain resources, jeopardizing timely trials under R. v. Jordan and Charter rights.

Unresolved legal issues spill into housing, health and social services, creating a false economy. Studies show legal aid investment reduces long-term government costs. Meanwhile, Ontario Premier Doug Ford’s snap election on Feb. 27 shifted focus exclusively to U.S. tariffs and economic concerns to the neglect of equally pressing domestic issues like the legal aid crisis.

If Ford truly needed a mandate to address economic challenges, he must also prioritize Ontario’s justice system. This election is a chance for voters to demand legal aid reforms and accountability in resource allocation.

Legal Aid Ontario’s surplus offers a chance to address systemic issues by raising eligibility thresholds to reflect real living costs. Current thresholds barely align with poverty levels, excluding many in need. Setting realistic criteria would expand access to justice.

Expanding legal aid coverage is crucial, especially in family, immigration and housing law, where representation can prevent crises like evictions, deportations and custody losses. A well-funded system must treat these as essential, not secondary, issues.

Attracting and retaining legal aid lawyers is equally vital. Stagnant compensation and bureaucratic hurdles drive lawyers away. Raising pay and streamlining processes would encourage more professionals to take these cases, ensuring quality representation. Without enough legal aid lawyers, expanded eligibility alone is meaningless.

Ontario must adopt innovative solutions to improve efficiency. Early triage programs can direct clients to the right resources, while mediation can ease court burdens, reducing backlogs and improving service delivery.

Legal aid is often stigmatized due to its association with poverty and race. Breaking this stigma is both a moral duty and a fiscal necessity — funding legal aid is not charity but an investment in a fairer, more efficient society.

With financial resources available, Ontario has a chance to reform legal aid and uphold its promise of justice for all. The real question is whether there is the political will to act.

Clarification — March 7, 2025 – This article has been updated to clarify that on March 3, Legal Aid Ontario’s income threshold to qualify for family and criminal duty counsel services increased to $45,440 for families of up to four people. In addition, there have been some compensation increases in the past few years for legal aid lawyers in Ontario.

Faisal Kutty is a lawyer, law professor and writer. You can follow him on X @faisalkutty.  Opinion articles are based on the author’s interpretations and judgments of facts, data and events.

https://www.thestar.com/opinion/contributors/there-is-no-way-this-ontario-agency-should-have-such-a-large-surplus-heres-what/article_9d630728-f2d7-11ef-bec3-0b47699f4f3c.html?source=newsletter&utm_content=a12&utm_source=ts_nl&utm_medium=email&utm_email=0C810E7AE4E7C3CEB3816076F6F9881B&utm_campaign=top_10662

 

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