Minister of Justice, Quebec’s criminal justice system is collapsing because one of its main pillars, access to justice, is in jeopardy. This issue, however fundamental in a free and democratic society, and which seemed so dear to you during the last election campaign, is being undermined, because the derisory legal aid tariffs discourage lawyers from representing the most vulnerable in society, for lack of of means.
The associations of defense lawyers, of which I am the spokesperson, are calling for a massive reinvestment in the justice system in order to improve the fees for lawyers in private practice who deal with legal aid files, which represent 75% of all files authorized in criminal matters.
I’m just starting my 10e year of the Bar as a criminal defense lawyer, working in private practice and accepting legal aid mandates. Obviously, I was not practicing when the legal aid system was introduced in the 1970s or when the last major reform of the tariff structure…in 1996. I currently operate what many would describe as “volume practice”. for the simple and good reason that with such ridiculous rates, it is illusory to limit ourselves to a few legal aid files per year. Rather, there are hundreds that you have to carry at arm’s length to earn a good living.
What about this practice?
The current fee structure provides for a flat fee that varies between $415 and $600 for all services rendered, with a few exceptions. This fixed amount covers the appearance, the analysis of the file, the meetings with the client, the research of the jurisprudence, the multiple attendances at the Court, the preparation and holding of a preliminary investigation, the negotiations with the crown, the preparation and holding of the trial or a guilty plea, sentencing submissions and so on. Whether the accused pleads guilty the day after his appearance or whether he is declared guilty following a trial 30 months after the start of his judicial journey, the remuneration granted will remain the same: a lump sum between 415 and 600 $.
While the flavor of the day is nationalism and the chosen theme of your party’s last convention is “pride”, know that Quebec ranks last in terms of legal aid tariffs. Ontario, which is also at the bottom of the ranking but just ahead of us, offers rates two to three times higher. Shame assails me far more than any sense of pride.
Statistics show that more and more lawyers are abandoning legal aid mandates for lack of adequate remuneration. Result: more and more defendants have to represent themselves. The most vulnerable people in our society (the less educated, the less fortunate, the psychiatrized, drug addicts) find it difficult to find a lawyer. The situation is extremely worrying and also increases legal delays.
During the 2018 election campaign, you said the following as justice critic: “Legal aid rates have been too low for several years, which means that lawyers in private practice are abandoning legal aid mandates. In the current system, many vulnerable people do not currently have access to justice, in part due to the lack of enthusiasm of lawyers working in private practice for legal aid, whose remuneration is considerably less attractive in these cases. accurate. This is pushing more and more individuals to represent themselves alone in court, for lack of a lawyer, which has the effect of making the justice system more difficult. »
In 2019, defense lawyers were on the verge of implementing a series of pressure tactics aimed at obtaining legal aid tariff reform. In October 2020, these means of pressure were set aside following your commitment to entrust an independent working group (IWG) with the mandate to study the tariff structure of fees and disbursements for legal aid and to propose an adequate tariff structure, taking into account today’s realities.
The final report of the independent working group was sent to you on May 27 and was made public on June 6.
In it, the GTI makes 181 recommendations aimed at an in-depth reform of the legal aid tariff system, concluding that it clearly appears that the fees are insufficient in relation to the service to be rendered, because they do not adequately take into account the workload. necessary for the performance of an act or a set of services included in a package.
Although the report does not go as far as expected, the associations of defense lawyers declare that they are satisfied with the conclusions and recommendations made therein.
We have repeatedly asked you to take a position on the report and commit to following the recommendations it contains. To date, no commitments have been made. No timeline was given to us. The lethargy continues.
We have therefore initiated concerted means of pressure throughout Quebec: days of general strikes, suspensions in the courtroom and, since June 20, a boycott of sexual assault and domestic violence cases. You know these measures, our protocol has been sent to you. Two days of general strike are also scheduled for June 27 and 28.
We are asking for concrete commitments from you as to what to do next, and to do so quickly. Defendants receiving legal aid must have access to fair and quality representation on the same basis as the rest of the population.
Minister, you recognized there was a problem, you ordered a solution and you got it. Now is the time for action, time for commitments.
Your duty is to do everything to provide real access to justice. Public confidence in the administration of justice will otherwise be compromised.
We will not wait for the next election campaign. The justice system is standing on piles of paper and is on the verge of collapse. Every day, every week counts.
On October 4, 2018, in his speech delivered on the occasion of the 7e Annual Labor Conference pro bono, the Right Honorable Richard Wagner, PC, Chief Justice of Canada, noted: “To deny people access to justice is to deprive them of their dignity. This is to say that some people are worthy of justice and some are not. »
I share his opinion. And you, Minister?