Province slashed funding to Legal Aid Ontario by 30 per cent
Lisa Cirillo, Downtown Legal Services (DLS) Executive Director, is calling on the provincial government to reverse recent cuts to Legal Aid Ontario (LAO).
On April 11, the provincial government cut funding to LAO by $133 million for the fiscal year, representing 30 per cent of the agency’s total budget. A further 10 per cent cut is planned for next year.
LAO, a publicly funded and publicly accountable non-profit corporation, administers the legal aid program in Ontario. The organization has a statutory mandate to promote access to justice for low-income individuals. It accomplishes its mandate by issuing legal aid certificates and funding clinics, among other activities.
LAO has reacted to the cuts by removing $14.5 million from legal clinic funding, including DLS.
Parkdale Community Legal Services, a Toronto legal clinic affiliated with Osgoode Hall Law School, had its budget nearly halved from $2.37 million to $1.37 million.
The city’s six specialty clinics have also faced an overall funding reduction of $2.5 million.
In June, LAO informed DLS that its funding would be reduced by 10 per cent.
“DLS is at the centre of a perfect funding storm in that recent government actions have rendered all three of our primary funding sources vulnerable,” said Cirillo.
The clinic is funded through three main sources: the Faculty of Law, Legal Aid Ontario, and student unions at the university. Student levy fees represent more than 30 per cent of the clinic’s annual budget.
Cirillo said she has voluntarily reduced her pay to 80 per cent of her full-time equivalents’ as a cost-saving measure to help offset some of the clinic’s funding gaps. This is the only change in the clinic’s staffing model thus far.
The cuts have drawn broad criticism from the legal community and the general public. Chief Justice of Ontario George Strathy noted they would “ultimately [delay] and [increase] the cost of legal proceedings for everyone.” Throughout the summer, several protests have taken place at Queen’s Park to oppose the cuts.
Opponents of the cuts have alleged they are targeted at at historically liberal ridings. The executive director of the Association of Community Legal Clinics of Ontario Lenny Abramowicz told The Huffington Post that the cuts are “continuing Doug Ford’s unquenchable antipathy towards the City of Toronto.”
According to Dana Fisher, Local Vice-President of LAO Lawyers, even before the cuts, there was consensus that legal aid was insufficiently funded.
“Many more vulnerable people are forced to represent themselves,” said Fisher. “We are seeing that it’s more difficult for people in custody to arrange bail and the resources of the duty counsel offices are being stretched thin.”
According to the Ministry of the Attorney General spokesperson Brian Gray, the provincial government is working with LAO on a modernization project “to ensure that legal aid services are sustainable, easy to access, and meet the needs of low-income Ontarians.”
“We are pleased to see that LAO is taking steps to be fiscally responsible, respect taxpayers, and operate within its allocation,” he added. “LAO has implemented a plan that will help it achieve savings and ensure that frontline services remain strong and that low-income people can get the legal help they need.”
Gray noted that the government is also working with LAO on a modernization project: “This is an opportunity to focus on client needs, to deliver programs that are easier to access, and to serve low-income Ontarians better.”
The cuts have had far-reaching ramifications across Ontario. April’s budget removed all provincial funding from refugee law services. This caused the LAO to slash refugee law spending from $34 million to $16.5 million and rely exclusively on federal sources. This is despite a recent increase in the number of refugee claimants in Ontario. LAO will no longer issue certificates for refugee or immigration law hearings.
LAO is also cutting legal aid certificates for bail hearings, instead favouring the organization’s own duty counsel to take on the work. Lawyers who conduct bail reviews will now only be paid for five hours instead of the ten they were allowed to bill previously. Additionally, family lawyers will no longer be allowed to bill for motions where domestic violence is not an issue.
