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HomeMy WebLinkAboutThe Huron Expositor, 1995-09-13, Page 3News and Views Legal aid crisis could affect you By MONA IRWIN SSP News Staff Legal Aid is something most people don't think about until they need it. But a local lawyer says the average citizen would do well to think about it - and quickly. Like many emergency and crises services, the Legal Aid Plan is facing financial cut - hacks that could reduce it to an empty shell. Ontario Premier Mike Harris proposes to slash $130 million from the province's promised funding of $170 million to the Ontario Legal Aid system. "That will eviscerate what we know as the Legal Aid Plan," says Heather Ross, of law finn Ross and Ross. "He wants to cut back to the fund- ing levels of the late 1980s." - The Legal Aid Plan, which Ross says has "historically" been under -funded, is already in a tough spot, she says. It is facing a deficit of S69 to S70 million by the end of the fiscal year (Marcfi 1996). The previous NDP govern- ment and the Law Society of Upper Canada (LSUC) had agreed to a provincial funding level commitment, with the assurance by the LSUC that the Legal Aid Plan would operate within its budget, Ross said in an interview Tuesday. Earlier this year. Ross was elected as a bencher, a member of the LSUC's governing body. HEATHER ROSS ..former Seaforth resident Part of the reason for the financial drain is a greater demand for legal services paid by Legal Aid, prompted by such things as changes to leg- islation affecting immigration and refugees, new pieces of legislation such as the Young Offenders Act - under the YOA, more charges are laid than prior to the Act - and poli- cies such as society's "zero tol- erance for violence," Ross says. And if Harris implements his proposed funding cuts, by the final quarter, "there will simply he no money to pay lawyers," Ross says. A prospective Legal Aid client will usually speak first to the lawyer of his or her choice, discussing, among other things, the client's finan- cial status. The lawyer will then direct the client to the Legal Aid area director, who will make the final decision. Ross says the decision usu- ally boils down to a question of: would a client of modest means - a working person, nei- ther rich nor poor - choose to pursue this case if he or she had to pay cash to do so? About 6,700 of the province's 26,000 lawyers take Legal Aid cases - but every lawyer in the province pays $260 annually (amounting to a total of about $6.76 million) towards keeping the Plan afloat. One thing the public doesn't realize is that most Legal Aid clients reimburse the system 100 per cent, she adds. "They either enter into an agreement to pay so much per month, or, when they receive settlements (in civil or Family Law cases), they pay back their Legal Aid costs from that." Also, when lawyers are preparing their accounts for their Legal Aid cases, they automatically direct five per cent of their fees towards the• plan. "They charge extraordinarily low rates for Legal Aid cases," Ross adds. "The basic rate is about $67 per hour. 1 know that sounds like an awful lot, hut 1990 figures show most GREGOR CAMPBELL PHOTO BACK IN THE SADDLE AGAIN - Seaforth Police Chief Hal Claus returned to duty earlier this month after recovering from heart problems that put him ort the shelf late last May. He is patrolling town on a bicycle these days. He says it saves on gas and is better for his health. Chief on the road again The Chief rides again! Seaforth Police Chief Hal Claus is back on duty, after heart surgery late Last May. He resumed his position and duties a week ago Monday. And now he is killing morc than two birds with one stone, as they say, by patrolling on his new set of wheels. It is a bicycle - Canadian made too - an old brown CCM, complete with regulation bell, light and generator. w He is also not riding on the sidewalk and is wearing a helmet, although new provin- cial laws that require all bicyclists to wear one don't come into affect until the start of next month. That's the date Scaforth's local force will also become history, officially replaced by Ontario Provincial Police. Chief Claus looks titter than he did last spring. He has lost cnmr weight and says the bike is helping him control str.ss and feel better, not to mention the gasoline he is saving for taxpayers. His left arm straight, so other vehicles in the same lane knew exactly what he meant, he gave the proper hand signal too, as he toodlcd into :t Ice..: aonut shop on break one sunny mor- ning last week. You lead by example, he says. law practices in civil and Family Law had overhead costs of $60 per hour, to run the 'plant' and pay the staff. "So you take five per cent off the $67, then subtract $60, and you're left with S3.65 per hour." Through the Ministries of Health and Justice, the federal government provides about $67 million in funding. However, both federal min- istries are also proposing dra- matic cuts to their shares, although no specific numbers have been 'given yet, says George Biggar, deputy director (legal) for the Legal Aid Plan. On Aug. 29, the LSUC pro- posed its own changes to rein in costs. Among these are: • cutting back on some of the services covered by Legal Aid, such as lawyers' fees for uncontested divorces (recipi- ents of Family Benefits or wel- fare are exempted from this cut). However, Legal Aid will continue to pay court fees, set by provincial and federal gov- ernments, that covers the cost of much of the paperwork. • In some jurisdictions, such as Brampton, a pre-trial meeting with the local Crown Attorney is mandatory, before a case can go to trial. However, the LSUC has proposed Legal Aid no longer pay lawyers for attending such meetings, even though they are mandatory. • delaying payment that is coming to lawyers by up to five months. This way, "by the time the money comes out of the Legal Aid plan, Legal Aid should be in receipt of the funding for the next fiscal year," says Ross. Biggar says the government has, in fact, shown a willing- ness to honour the memoran- dum of understanding between the previous NDP government and the LSUC. What it's not willing to sub- sidize is the cost overrun, caused by an increase in the number of accounts per Legal Aid certificate, and an increase in the average cost per account, Biggar says. These increases are the result of a variety of factors: cases are longer and harder; the Legal Aid Plan has, in the last few years, paid for pre- trial meetings with Crown Attorneys ("and the govern- ment is requiring a lot more of them"); and court practices are changing. An example of the latter, says Biggar, is one jurisdic- tion, not far from Huron, in which "a judge decided every motion would have to have a record." "That means more paper and adds 550 to 5100 to the cost of every case. The judge didn't ask who would pay for this." If not for the memo of understanding, and based on past practice and the Legal Aid Act, the general belief is that "this is an open-ended judicare plan and the government is responsible for funding it as required," Biggar says. Ontario's Legal Aid Plan is recognized around the world as a 'judicare model,' not only for the breadth of services it pro- vides, but also because it gives even the most impoverished accused the right to select his or her own lawyer, says Ross. In this way, it differs from sys- tems such as the U.S. public defender model, where the accused is assigned a defence lawyer by the courts and must take what he or she gets - which arc often young, inexpe- rienced lawyers for whom pub- lic defence work is a stepping- stone to something better. The Legal Aid Plan was set up by a previous Progressive Conservative government - that of Premier John Robarts, in 1966. Where can you turn for help? Are you sometimes baffled as to where to turn for help? The Huron Community Service Network meets quarterly to give its membership an opportunity to learn and share about what is happening in education, health, and social services in Huron County. On Thursday, Sept. 21, from 4-7:30 p.m., and INFORMATION SWAP is being held at the Goderich Township Hall, in Holmesville. Network members will be on hand to talk about their service and provide brochures. TME HURON EXPOSITOR, S•ptembor 13, 1995-3 McMaster Siemon AINSURANCE BROKERS INC. A - HOWE ••• YAM TRAM CD JJCERCLJAY - LU1PIB lliCULJAAYC2 13Ro S 8112 SIMON VICKI SKFMON McTAGGA PINPROCTOR R „m 68 Ontario Rd. 348-9150 Mitchell 1800561-0183 Music for young children Sunrise program in exciting pre school music program offered in a child care environment. The Seaforth Co -Op Children's Centre offers this Thurs. p.m. For more information call 527-0682 McLaughlin Chev-Olds Ltd. 13 Main St. Seatotth. 527-1140 •Service •Selection •Savings •Satisfaction •Leasing e BODY SHOP Service THANK YOU The executive members of the Huron Chapter of Child Find would like to Thank the following businesses who contributed toward the Fun Fair held recently. •Stedman's •T D Bank •Kids Kloze •Prov of Ont Savings Office Clip It •5t,u41. c, L , ocery •Rec Room •Triangle Discount •Archie's UCO •Canadian Tire *Janet's Donuts •Godfather Pizza •Carol Humphries and the Seaforth and Dist. Youth Committee and many other individuals who volunteered their time. $' an. - 8:00`arn. - 12 noon Thurs. 1:00 p.m. - 8:30 p.m. Fri. 8:00 a.m. - 4:00 p.m. 2nd Sat of Month 8:00 am. - .12 noon Kim Preszcator, R.M.T., will continue her regular hours doing Massage Therapy Tuesday and Thursday from 9:00 a.m. to 9:00 •.m. • imagine Switch to Natural Gas before October 14, you won't pay a cent until April '96** When you heat your home with anything other than today's efficient, inexpensive Natural Gas, you're wasting your hard- earned money. In fact, you're paying twice as much as you need to. today's Natural Gas saves you up -to 64%* on your heating bill. CALL TODAY and find out how easy it is to switch and save with Natural Gas. jaw 41010,1110 jejose0065 tradrrark of Union Gat lim,ttd L. MCGRATH Plumbing & Heating Seaforth 522-0493 Larry McGrath, Proprietor • When comparing high efficiency Natifral Gas to electricity, ask for detail "On approved aerie Offer between August 14 and October 14, 1995