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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E / J U L Y 2 0 1 8 35 toba. "It is costly, there is no question, but it has to be a priority because anyone we are bringing in is an investment," she says. For those who move away from practising criminal defence, the reasons rarely have anything to do with a lack of interest in that line of work. "I have not lost that passion," says Diana Lumba, a Toronto lawyer who was recently hired by the Public Prosecution Service of Canada as a prosecutor. "I guess I am one of those statistics," she jokes. Lumba, who was called to the bar in 2008, came to Canada with her parents at the age of seven. "I did not grow up in a legal world," she says. After gradu- ating from law school, she articled at the Ministry of the Attorney General and clerked at the Superior Court in Brampton, Ont. for judges such as Jus- tice Casey Hill. "He was a great mentor and a champion of women lawyers and racialized lawyers," she says. For several years after that, she prac- tised criminal defence with a mostly appellate practice. "I think it is a noble profession. But it can wear you down. I have a young child. After a while, you get tired of subsidizing an essential gov- ernment service," says Lumba. At the Court of Appeal, for example, the standard Legal Aid Ontario allow- ance for an indictable conviction appeal is 37 hours of billing. Anything more must be negotiated and, often, dis- bursements such as mileage will not be provided for any type of case. While financial reasons may have played a significant role in her seeking employment with the Crown, there is a professional upside, Lumba stresses. "I think we all need to be more civil and have more understanding about the challenges each side faces," she says, adding that facilitating disclosure requests are often more complex than she previously realized. Another challenge for female defence lawyers, even in 2018, can be their male counterparts. "It is still a bit cowboy-ish," says Thomas, who is also on the executive of the CLA. "It is not just in court. It is out of court. They go to [pro sports] games together, they go on trips together. You can be left out of things that are group sessions," she observes. Where this comes into play is referrals between lawyers. "I don't get as many co-accused cases, especially the high-end work, such as organized crime cases," says Thomas, even though she worked on many of these types of proceedings earlier in her career as an associate. While there is now a much better gender balance on the courts, especially in provincial courts across the country, out- of-date stereotypes persist. Erin Dann, a Toronto defence lawyer who clerked for British Columbia Hourly rates range from $83.90 to $125 per hour "enhanced rate" for senior counsel, although there are block fees for many services. Bail hearing For a half day in court, rates range from $125 for a bail hearing on a summary conviction offence to $150 for indictable and $200 for a major offence. Preliminary hearing For the first two half days of a preliminary hearing, a lawyer is entitled to bill $600 for an indictable offence and $800 for a major offence. Trial For the first two half days at trial, up to $600 is allocated for a summary conviction offence, $800 for indictable and $1,400 for a major offence. Similar amounts can be billed for subsequent days. Summary conviction appeal Up to 14 hours and time in court. Appeals to the B.C. Court of Appeal Up to 45 hours if it is a conviction and sentence appeal as well as time in court. Ontario Hourly rates range from $109.14 to $136.43 per hour, depending on experience level. There are also block fees for certain circumstances including work to complete a guilty plea or a withdrawal by the Crown. Bail hearing Two hours allotted for bail hearings, whether the Crown proceeds summarily or by indictment. Preliminary hearing Actual time in court along with 15 hours of preparation time if the preliminary hearing is 10 days or less. Contested trial Up to 10.5 hours for summary conviction offences and 15 hours for indictable "type 1" offences and sexual assault trials. Four hours plus actual court time for each additional day after the first day. (Note: There are higher maximums for the most serious of indictable offence trials.) Charter motions One per trial permitted. Two hours maximum. Summary conviction appeal Up to 16 hours for appeal of conviction and sentence, in addition to actual time in court. Appeals to the Ontario Court of Appeal Up to 37 hours preparation plus attendance in court the day of the argument. LEGAL AID PAYMENTS

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