Canadian Lawyer

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 2 0 1 4 7 RegionAl wRAp-up atlantIC nl lEgal aid nEEds FEwEr, bEttEr Paid PriVatE lawyErs A n external review of Newfound- land and Labrador's legal aid system is calling for major changes including removing the right to choice of counsel from the Legal Aid Act. In his 140-page report, St. John's lawyer John Roil contends the use of outside lawyers from private practice is "troublesome." "[I]t creates incor- rect perceptions about the ability of the Commission's staff solicitors, suggesting that staff solicitors are not necessarily skilled and appropriate for some cases," he says. When retaining outside counsel is necessary, however, Roil recommends an increase in their hourly wage. Current rates, he concludes, are neither fair nor adequate. "Those rates need to rise significantly, in the range of double the current amounts, to be compensable for private practice lawyers." Roil has recommended consultation begin with the Law Society of Newfoundland and Labrador to bring tariffs to an acceptable level. At present, not enough independent lawyers can be found who are willing to accept legal aid files at the current rates. "Setting a scale of rates for various levels of lawyer seniority and/or for various types of cases, to make acceptance of legal aid work more attractive to a broad range of private practice lawyers, must be the objective," says Roil. The law society is currently silent on the recommendation. It is in the process of seek- ing input from mem- bers on issues raised in the report and is not responding to any recommendations until it has that input, executive director Brenda Grimes told Canadian Lawyer. Money is an issue that permeates the entire report, commissioned by the Depart- ment of Justice last June. Roil is calling on the government to provide sustaining funding for the Legal Aid Commission's existing programs or risk spending more money as a result. "A failure to provide that funding and a reduction in the number of and extent of these projects is likely to result in increased costs elsewhere in the province's justice system," he says. The government is listening, at least with half an ear. In the wake of the legal aid review, and a companion review on the Office of the High Sheriff, Justice Minis- ter Darin King has announced increased funding for legal aid. The additional $7.1 million over three years is too little, and too late, according to the chairman of the province's Legal Aid Commission. It brings funding for the system financially to roughly $15 million a year, the level it was at last year before budgets were slashed. "My estimate never changes," Nick Avis told reporters. "I would say we've got to start getting close to $20 million. From the commission's perspec- tive, we still need more." More money may not be forthcoming from the government, but the justice min- ister has said the government does accept the 29 recommendations put forward in the two reports. — DoNALEE MoULToN donalee@quantumcommunications.ca letters to the editor send your letters to: gail.cohen@thomsonreuters.com Re: Bad law May 2014 It's important to note that feminism does not equal abolitionism. Many feminists support sex work as real work and recognize that sex workers have the right to choose their profession and to demand adequate labour environments. Bringing the Nordic Model to Canada would be a horrible misstep and I, too, hope that legislators will consider the facts and research rather than be swept up in pathos. — online comment from A dOtY It makes no sense that the government would foolishly replace the existing law with the Nordic Model. The ontario Court of Appeal went to great pains (as in previous decisions) to make it clear that prostitution is a legal profession. If it is a legal profession you can not outlaw its clients as an end run on its accepted legality. — online comment from BiLL MURRAY Re: Knocking down hurdles May 2014 Tony, the singer of something's Coming in west side story, later dies in a knife fight. That is [alternative business structures] in action — a knife to the gut of our independence administered by those who would deliver the legal profession into the hands of Big Money leading inevitably to anti-competitiv e corporate concentrations to the detriment of the public. The reasons given in support of ABs do not stand up to scrutiny and all of the trumpeted benefits are achievable without ABs. — online comment from BRAdLeY WRigHt Comments from canadianlawyermag.com Canadian Lawyer welcomes letters to the editor but reserves the right to edit for space, taste, and libel considerations. Please include your full contact information in all correspondence. Read Roil's legal aid report here: http://tinyurl.com/nLlegalaidreport

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