(Montreal) In an unprecedented mobilization, defense lawyers from all walks of life went on strike Monday in Quebec courthouses to demand from the Legault government a major reform of legal aid mandates. If Quebec does not move, the lawyers are even ready to boycott the mandates completely.
Posted at 11:39 a.m.
Updated at 2:39 p.m.
“It’s unfortunate, because that’s not what we want. But the amounts paid for the mandates are derisory, so we have to take great means, otherwise we will not be heard, ”explains Ms.e Élizabeth Ménard, President of the Association of Defense Lawyers of Montreal (AADM) and spokesperson for the Movement for the Reform of the Tariff Structure of Legal Aid.
Surprisingly, the office of the Minister of Justice, Simon Jolin-Barrette, refuses to comment on the file and instead returns the ball to the Treasury Board.
Hundreds of defense lawyers across Quebec have agreed to postpone their cases Monday and Tuesday as part of the pressure tactics. A few dozen lawyers made their presence felt on Notre-Dame Street, in front of the Montreal courthouse. Even lawyers in private practice who do not take legal aid mandates have joined the movement. Only urgent cases were therefore heard on Monday.
PHOTO ROBERT SKINNER, THE PRESS
Lawyers gathered in front of the Montreal courthouse on Monday morning
Defense lawyers have been denouncing “derisory” criminal legal aid fees for years. Depending on the nature of the crime, defense attorneys get $415 to $600 per warrant, regardless of the length of the case. The amount is therefore the same whether the client pleads guilty at the first opportunity or at the end of a long trial. A mechanism that encourages lawyers to negotiate admissions of guilt.
A negative impact on access to justice
“Lawyers in private practice are not required to take out a legal aid mandate. But for those who decide to do so, there is a lot of volunteering. Lawyers put in a lot of unpaid hours. They are exhausted, tired, ”adds Me Menard.
Above all, this way of paying lawyers has a “detrimental” impact on access to justice, she adds. In fact, 75% of criminal cases are handled by legal aid mandates in Quebec. Of these, two-thirds are filled by lawyers in private practice and the other third by government-employed lawyers. The latter are also asking Quebec for a catch-up salary at the same level as Crown prosecutors.
Since June 20, lawyers have been boycotting legal aid mandates in sexual and domestic violence cases because they take “significant” preparation time and involve writing “demanding” legal procedures, say lawyers of the defense.
Me Ménard fears that the Minister of Justice, Simon Jolin-Barrette, is preparing to “slate” the final report of an independent task force on the reform of the tariff structure of legal aid. Many recommendations from defense lawyer associations can be found in this report.