Consultation Reports

INDEX
Submission to the Alberta Summit on Justice:
- Introduction
- Barriers to Access to Justice
- Barriers to Access to the Justice System
- How Legal Aid fulfils its role to help people overcome barriers
- What Legal Aid does not do
- Questions for public debate

 

Business Plan 1998/99 - 2000/2001
- Introduction
- Mandate
- Mission
- Goals
- Strategies and Initiatives
- Performance Measures

 

Legal Aid Youth Office Business Plan
- Introduction
- Mandate
- Mission
- Goals
- Issues
- Strategies and Initiatives
- Performance Measures

Submission to the Alberta Summit on Justice:

The Legal Aid Society of Alberta (Legal Aid) is identified as one of the sectors in the Summit on Justice and has been represented on the Summit Working Committee, although not on the Steering Committee.

The generally stated and accepted purpose of legal aid as an institution, both here in Alberta and elsewhere is to make the justice system accessible to the poor. The mission of Alberta Legal Aid is stated as:

" to facilitate equality of access to the justice system through the provision of legal services in serious legal matters to those who would not otherwise be able to finance them solely from their own resources".

In Canada during the past thirty-five years or so, various legal aid plans were put into place in the provincial and territorial jurisdictions as a means to "ensure that all people enjoy the right to equality before the law". 1 It was recognized that the underprivileged faced significant barriers with respect to the justice system, and that they needed some form of help if they were to be able to deal with them.

In view of the clear role of the Legal Aid Society of Alberta as a program created for the benefit of persons needing help to manage the barriers to access to the justice system, this submission will focus on that issue alone.

The author of the above paragraph, David Luban, in his work entitled, "The Right to Legal Services" is writing about civil law in this hypothetical example. He also talks about legal representation in criminal matters and in that respect, he says about the famous case which gave an indigent man the right to counsel in the United States, Gideon vs. Wainwright, that Mr. Gideon "had access only to the court room, not to the legal system".3 The quotations above point out, in an indirect way, many, but not all, of the barriers that exist for people with respect to justice, whether we're talking about the concept or the system.

The barriers to access to the justice system need to be identified before any discussion of responsibility for reducing or eliminating them can be undertaken. Set out below are the barriers that were listed by participants in the focus groups for the Summit held by the Legal Aid Society.

Clients' perceptions:
- fear and other emotions
- perceptions of powerlessness and feeling of not being heard
- lack of respect for a system that works against their interests rather than for their benefit

Concrete issues for individual clients:
- different cultural expectations and values
- language issues (non-English speakers)
- lack of knowledge/education/life skills
- mental illness/mental disabilities
- illiteracy
- deprivation of freedom (e.g. bail can't be raised even if defence to charge)
- concern about cost of lawyers
- General system barriers:
- geographic isolation
- lack of means of transportation - to court, to Legal Aid office
- exclusivity of the legal profession inability to communicate with lawyer
- complexity of system

There is a danger in simply presenting a list of the frequent barriers to access. The danger is that listing barriers invites the response that solutions for the barriers should not be the responsibility of the system in question. It frequently is argued that the poor person's problems are of his own doing and therefore should not be the responsibility of society, or, in this case, the justice system.

INDEX
- Introduction
- Mandate
- Mission
- Goals
- Strategies and Initiatives
- Performance Measures

1. To provide effective legal services at low cost to eligible persons

Because clients of the Legal Aid Society contribute to the cost of the services they receive, these services must be effective. This means that the services should be both client focused and results oriented, with a view to obtaining the best result for the client at the least cost. There should not be an over-emphasis on criminal legal aid at the expense of civil legal aid clients. This goal is achieved by maintaining a roster of private bar lawyers who accept legal aid referrals and by employing staff lawyers to provide services for young persons in Edmonton and Calgary and duty counsel services where practicable. The Youth Office Business Plan 1998/99-2000/01 is attached.

2. To provide access to effective support for special needs groups

Many Legal Aid clients have special needs beyond their need for legal services for specific cases. In some instances these needs can be addressed by immediate referrals to other service providers by front-end staff of Legal Aid offices while in other cases links can be made with other agencies by the lawyers or legal assistants as the cases require. Two approaches work best to achieve this goal: (1) provide support and training to Legal Aid staff about other services available, and (2) provide information to partners and other agencies about legal aid services.

3. To recover expenditures in a fair and effective manner from those assisted

The Legal Aid plan in Alberta has always required that persons receiving legal aid services, with the exception of those assisted by Duty Counsel, repay or at least make a contribution towards the cost of providing services to them. While many are unable to do so, many do repay, often by instalments of $10 to $20 per month. This goal is achieved by resourcing a specialized Recoveries Department to ensure that the staff is able to work effectively while maintaining compassion for clients who are of limited financial means.

4. To administer Alberta Justice programs efficiently and effectively

The Young Offenders Act requires the Attorney General of Alberta to appoint a lawyer for young persons if they are not eligible for legal aid and a Court so directs. Alberta Justice with the agreement of the Law Society delegated the administration of its court ordered counsel program to the Legal Aid Society. To achieve the goal of efficient and effective administration, Legal Aid maintains liaison with other stakeholders including Youth Court Judges and Clerks, youth detention and treatment facilities.

1. Implement the revised financial eligibility guidelines to improve access to legal services

- publicize schedule of revised guidelines prior to implementation
- implement increases effective 1 April 1998
- monitor effect of increases with stakeholders after 3 and 6 months operation and periodically thereafter
- monitor cost impact

2. Identify and evaluate alternatives for expanding services by means of Duty Counsel, through pilot projects to test quality and cost-effectiveness, including:

- providing advice and representation to persons detained at Police Stations where numbers warrant
- providing advice and representation to persons appearing in Family Court
- providing advice and representation (including trial representation) in the criminal division of Provincial Court in summary conviction matters at pilot site(s) where special needs or target populations have been identified

3. Enhance role of present staff counsel positions

- assist private bar in provision of legal aid services
- encourage and increase areas of expertise achieved by staff lawyers
- consult with private bar to ensure that new staff counsel services are effective

4. Identify and evaluate alternatives for delivering civil legal aid, including:

- employment of paralegals
- duty counsel model for Family Court
- application of alternative dispute resolution methods
- contracting with experts to provide services on legal aid files at reduced rates

5. Consult with clients and other stakeholders about client needs

- target populations include first nations peoples, persons with disabilities, immigrants, seniors, victims, youths, women or others in abusive situation

6. Identify and evaluate alternative administrative strategies for regional legal aid offices

- establish Legal Aid offices as information resource centres for communities
- field test a number of alternatives, including staffing regional offices as appropriate considering needs and circumstances in the area

7. Evaluate whether the Legal Aid Society's current performance measures are appropriate and effective

- by consulting with other service agencies and with stakeholders to ensure their understanding accords with Legal Aid's mandate on their objectives and expectations for legal aid services
- by consulting with other Legal Aid Plans about their performance measures

8. Review system support requirements for operations and administration

- implement schedule for ongoing upgrade of computer system including adequate budgetary allocations with a view to ensure that system components are appropriate for operational and administrative requirements

9. Improve payment systems to lawyers on Legal Aid roster

- implement expedited payment system for processing accounts
- implement revisions in Tariff upon approval by Tariff Review Committee, Board of Directors, and Law Society
- address any revisions of Tariff which will have any budgetary impact with Law Society and Alberta Justice
- address any recommendations for increase in Tariff rate with Law Society and Alberta Justice

Number of complaints about legal aid services provided, in comparison to persons served

	96/97	97/98 Target	98/99 Target	99/00 Target	00/01 Target
Complaints	126	118	108	98	89
Persons served	79,746	83,352	84,848	85,247	85,651

Average time lapse between application date and coverage decision date

96/97	97/98 Target	98/99 Target	99/00 Target	00/01 Target
4.6 days	4.5 days	4 days	to be developed	to be developed

Average private bar cost per case

	96/97	97/98 Target	98/99 Target	99/00 Target	00/01 Target
Criminal Adult	$590	$590	$590	to be developed	to be developed
Civil	$934	$882	$882	to be developed	to be developed
Youth & COC	$439	$438	$438	to be developed	to be developed

Average Cost per application

96/97	97/98 Target	98/99 Target	99/00 Target	00/01 Target
$76	$76	$77	to be developed	to be developed

Alberta Legal Aid requires recipients to contribute to the cost of providing service to them unless such contribution will cause undue hardship . A key measure is the total dollars collected from clients, inclusive of application fees in comparison to total legal expenditures by the Plan

	96/97	97/98 Target	98/99 Target	99/00 Target	00/01 Target
amounts recovered	$2,201,433	$2,350,000	$2,350,000	$2,450,000	$2,500,000
% of total legal expenditures	10%	11%	11%	11%	11%

Financial Impact of New Initiatives (estimated)

INDEX
- Introduction
- Mandate
- Mission
- Goals
- Issues
- Strategies and Initiatives
- Performance Measures

The Legal Aid Society of Alberta, the Law Society of Alberta, and the Alberta Justice approved the establishment of a three-year pilot project to test out a staff delivery model of providing legal service to young offenders in Edmonton and Calgary. The Edmonton and Calgary offices opened in October of 1993.

Following 2.5 years of rigorous evaluation the Legal Aid Society adopted the recommendation that the project be continued on a permanent basis. The Law Society on November 29, 1996 similarly adopted the recommendation but subject to the development of a system of governance designed to ensure the independence of staff counsel and the quality of service of the project, the specifics of which are to be negotiated between the government and the Law Society.

An agreement was achieved and has been approved by the Law Society, the Attorney General and the legal Aid Society of Alberta. Therefore, the status has changed from project to continuing program.

The program offices, as they are currently constituted, provide several key services to young persons in conflict with the law:

(a) "Brydges Service"

Both offices provide a 24-hour telephone service that operates throughout the year to provide legal advice to young persons who are detained and in need of immediate legal advice. The primary restrictions on the service are that it is for persons detained pursuant to the Young Offenders Act and, in common with the remainder of the operation, is restricted to the geographic boundaries of Edmonton and Calgary.

(b) Duty Counsel

The two offices provide legal assistance to unrepresented youths on a daily basis in the Youth Court docket courts in Edmonton and Calgary. The assistance includes: providing immediate legal advice, making applications for judicial interim release, seeking withdrawal of charges, entry of guilty pleas and speaking to sentence.

(c) Assigned Counsel Youth Court

In common with the private bar, certificates are issued by the Legal Aid Society of Alberta to the Youth Offices authorizing the staff lawyers to provide representation to youths in the Youth Courts of Edmonton and Calgary. The legal representation includes providing legal advice, applications for judicial interim release at the Youth court and Queen's Bench levels, entry of pleas, conduct of trials and other hearings such as transfer to adult court, transfer to adult facilities, and review of disposition, and speaking to sentence.

(d) Assigned Counsel Appellate Matters

Certificates are issued by the Legal Aid Society of Alberta authorizing the staff lawyers to advance or respond to appeals. The vast majority of the appeals are sentence appeals, and the majority are matters before the Court of Appeal of Alberta, although, from time to time, a summary matter may be dealt with in the Court of Queen's Bench.

(e) Assigned Counsel Family Matters

The parameters of the project generally restrict the scope of matters dealt with to matters arising from the Young Offenders Act. However, from time to time staff lawyers are assigned matters under the Child Welfare Act (particularly, applications for Secure Treatment Orders or Temporary Guardianship) where the proceeding arises concurrently with, and is linked to, a matter under the Young Offenders Act.

INTRODUCTION

The goals of the program were set by the three principals at the outset of the pilot project. The three goals were: (a) providing quality defence representation, (b) providing a cost effective legal service and, (c)-maintaining independence. These are not discrete goals but, rather, are inextricably linked.

Over the life of the project, through the addressing of special needs, it became evident that other goals included contributing to restorative justice and thereby, healing the individual and reducing recidivism rates.

Goal 1

To provide quality defense representation for young persons with respect Young Offender Act matters through:

• promoting reasonable access to services
• providing expeditious access to legal advice
• providing consistent quality of services equal to the quality of service available to a reasonable person of modest means paying for the services privately
• providing a service which is appropriate to client needs and which result in the best possible effect for the client
• providing for choice of counsel within the staff offices
• ensuring a level of work standard that the staff lawyers have sufficient time to provide a proper level of service
• ensuring office efficiency so as to ensure that staff lawyers have sufficient time to provide a proper level of service

Goal 2

To provide a cost effective legal service through:

• provision of effective duty counsel services
• co-operating with other agencies in the justice system in order to provide for efficient operation of the system, subject to the client's right to effective legal service
• utilizing computers to their fullest potential to maintain streamlined, efficient office procedures

Goal 3

To ensure that the independence of the solicitor/client relationship is maintained through:

• maintaining an appropriate conflict of interest policy
• development of a governing structure which appropriately maintains independence of the operations of the Youth Offices
• ensuring that policies and guidelines are created with a view to the paramountcy of the solicitor/client relationship

Goal 4

To address the special needs of young persons in conflict with the law through:

• continuing to explore further opportunities for partnering with other organizations and agencies with a view to the creation of effective treatment and counselling resources for youths
• identifying resources for youths and maintaining current resource manuals
• maintaining an educational role for the staff within the office directed to the profession and the public
• continuing to work with community agencies and, with client approval, to foster appropriate exchanges of information

The program is in a period of transition from project to continuing program. A key factor at present is that there will be a change in Senior Counsel as the current incumbent is to be replaced prior to June, 1998. The new Senior Counsel has not yet been selected. It is quite possible that the Senior Counsel will bring new ideas to the program. However, the principal aims of providing quality, independent, and cost effective legal representation will remain. These are considered to be the core business functions of the Youth Offices. Additionally, it is anticipated and assumed that the main parameters of the program will remain the same, i.e., the provision of legal representation to young persons under the Young Offenders Act within the boundaries of Edmonton and Calgary. The goal of addressing the special needs of youth poses both short and long term challenges to the offices as the staff attempt to find ways to turn young lives around and, thereby, hopefully contribute to safer Alberta communities.

Not all issues and goals can be dealt with fully in one business plan. It is recognized that "environmental" changes can either ease the pressure on resources or tax the resources of the offices. Certainly, legislative change or changing policies of those involved in the administration of justice have the potential for major impact. Equally, the availability and stability of resources for youths have major impact, both short and long term. Approaches must be developed that allow the offices to respond to changes in the environment as best they can.

1. To Focus Resources of the Project on Ensuring Quality of Representation

Quality of representation must be kept uppermost in mind to ensure continuing confidence in the operations of the offices. This requires strategies to ensure that case loads do not get too high, that lawyers have the necessary resources to perform their tasks, and that stress levels do not impair the operations of the offices. All of this must be performed in a cost efficient way.

In the 1997 to 2000 Business Plan a number of key initiatives were identified with most of them implemented during the 1997 period. These included: the upgrading of the computer system; upgrading of the telephone system, acquiring voice mail; and introducing computerized research through on line services and CD ROM technology. That remains are those initiatives, which are of a continuing nature, those not fully implemented in 1997 or new initiatives as set out immediately below.

Initiatives

• Testing and acquiring further computer research capability potentially CLASS and Alberta Rules of Court.
  
  NOTE: During 1997 the Canadian Criminal Cases on CD-ROM were acquired. This is more fully utilized in the Calgary office. The Edmonton office may test out the CLASS program in 1998.
  
  
• Customizing Microsoft Office software to provide for a much needed file management system.
  
  NOTE: The Microsoft Office suite is an excellent program but not specifically designed for law office needs. Rather than adding software it was found that an existing program in Microsoft Office could be adapted to provide for a file management system. This has been included in the 1998-99 budget.
  
  
• provide for continuing legal education through both in house continuing legal seminars and through professional development programs
  
  NOTE: both offices do provide in house seminars and some staff lawyers, support staff and paralegals have been provided with professional development programs
  
  
• develop a program whereby staff can purchase sabbatical time
  
  
• develop a program whereby staff can become involved in exchanges with other institutions or agencies
  
  
• develop a program whereby additional staff can be acquired through practicum programs
  
  NOTE: both offices have utilized practicum programs to provide assistance to the paralegals these are non-cost programs. Additionally, in 1997 the STEP program was utilized for the first time to provide research assistance in each office.

2. To Continue to Provide a Cost Effective Service

A key premise to a staff model of legal service delivery is that such service can be provided in a cost-effective manner. During the course of the pilot project this appeared to be borne out and must be maintained. A critical balance that must, however, be maintained is caseloads as against cost efficiency. If imbalanced, quality can suffer at the expense of cost efficiency.

The initiatives contained in the 1997 Business Plan are initiatives that are of a continuing nature. However, over the next 3 years some will receive more emphasis based on testing of new systems initiated during the 1997-98 period.

Initiatives:

• reviewing and streamlining office procedures to maintain office efficiency
  
  NOTE: monthly statistical forms were revised to provide more detailed information; a database was developed to keep track of individual and office billings; and in 1998 the Calgary office will be developing and testing out a paralegal statistics form to track paralegal follow-ups. In 1997 the Calgary office developed a bring forward system for files to facilitate more efficient communication of client information between duty counsel and paralegals this will be reviewed and implemented in Edmonton if it has proved to be effective.
  
  
• reviewing and revising as necessary caseload and case distribution policy
  
  
• through usage of computers streamlining billing process to aid in the closure of files
  
  NOTE: during 1997 a new billing database was developed which permits for quick completion of bills. However, a system for ensuring that billing backlogs do not develop has yet to be developed. This should occur during 1998 as the computer software will be modified to provide for a file management system.
  
  
• continue to provide effective duty counsel services in docket courts
  
  
• create a process by which case materials, briefs, etc. can be recorded, and placed in a systematized form (both computer and hard copy) so as to be equally accessible to both offices
  
  NOTE: during 1997 these materials were indexed on computer with the indexes placed on all computers for easy access by the lawyers. The binders were reorganized and brought up to date. What remains is to provide an effective means of continuous updating.
  
  
• work with Legal Aid administration to devise a system to ensure that certificates and billing is completed in a timely fashion
  
  NOTE: during 1997 in Edmonton certificates were organized in individual lawyer binders; for both offices a billing database was created which should allow closer monitoring of billing
  
  
• work with Crown prosecutors to place Case Resolution meetings on a more comprehensive, systematic basis
  
  NOTE: in Edmonton these meetings are held regularly and continue to be highly effective. In Calgary it has proven to be more problematic with the abolition of the Crown's Youth Unit and must be looked at again during 1998.
  
  
• Develop a more systematic purchase system and system of tracking expenditures

3. To Ensure the Continued Independence of the Legal Aid Youth Offices

At the outset of the pilot project independence of the offices was identified as a key element to ensure that office staff are assured that their primary duty to the client remains intact. As previously indicated an Agreement was arrived at which has the approval of all parties. Again, the initiatives are of a continuing nature.

Initiatives:

• review with Legal Aid administration the process of assignment of files to ensure that files assigned do not create conflicts of interest
  
  
• maintain a client database against which new files and lists of potential Crown witnesses can be cross-referenced
  
  
• review and maintain as required office Conflict of Interest guidelines

4. To Assist in the Reduction of System Resources Through the Encouragement of Development of Appropriate Diversion Programs

The public continues to express concerns about the adequacy of our justice system to deal effectively with youth crime. One response has been calls for ever tougher measures for young offenders. This is not a view shared by the youth offices. A second response has been the development of restorative justice programs through which persons who have committed crimes and those affected by the commission of that crime come together to resolve how to deal with the office, its aftermath, and the implications for the future. Such programs provide equal focus to victim and offender and address issues of reparation for harm done, and the healing of both victim and offender. The Youth Offices, with some caution, support these initiatives.

Initiatives:

• continue to support aboriginal initiative as, for example, the Edmonton Native Youth Justice Committee
  
  
• cooperate with other agencies in the development of other restorative justice programs such as Family Group Conferencing
  
  NOTE: In Edmonton the office has been working closely with the Edmonton Police Service toward the development of a Family Group Conferencing Program which has been tested out during 1997; in Calgary the office is working with the John Howard Society towards a similar development.

5. To address the Special Needs of Youths

Both S. 3 of the Young Offenders Act and the principles adopted by the Legal Aid Society of Alberta recognize the need to address special needs of clients in the case of the youth offices, those between ages 12 and 18 are the clients. Increasingly, during the life of the pilot project, the youth offices directed energy at identifying and accessing treatment and rehabilitation programs for youths in order to address core issues which affect the lifestyle of the youths the offices deal with. In a sense, from an idealistic point of view, the offices would prefer to not have repeat business and have undertaken these initiatives to try and help reduce recidivism. The efforts at meeting special needs might commence at the outset of the file and continue, or commence, at the conclusion of a matter. Some youths continue past the actual court events in seeking the assistance of the offices.

During the latter stages of the pilot project it became evident that there was a need to work with other agencies at resource creation. The Youth Offices became involved in several initiatives involving resource creation to make possible opportunities for treatment and rehabilitation of youths. Increasing resource gaps and issues of accessibility of existing programs made this imperative.

During 1997 a second paralegal was hired for the Calgary office which has had considerable impact on both office efficiency and the ability to address special needs of youths. Increasing resource gaps and issues of accessibility of existing programs made this imperative conferencing with other agencies, working together with other agencies on resource creation. During the 1998-99 period it will be essential to devote additional resources to this component of the program. Again most of the initiatives are of a continuing nature.

Initiatives:

• revise and maintaining Youth Resource manuals for identification of available resources throughout Alberta, and beyond; and to provide a means by which the resource manuals are available to other agencies
  
  NOTE: during 1997 Calgary has worked toward completion of revisions in both hard copy and disk form of the resource manual
  
  
• acquire access to Comis in order to determine effectiveness of programs that youths are referred to
  
  
• explore with community agencies opportunities to partner resource access and resource creation opportunities, particularly in key areas of housing, schooling, anger management, addictions treatment, confidential psychological/psychiatric services, sexual abuse treatment, recreation programs, education programs
  
  
• provide more assistance to paralegals by contracting with agencies for youth worker time
  
  
• provide more resources to paralegals for development and continuation of programs for vulnerable youths, particularly aboriginal and female youths, and those with mental problems