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 S e p t e m b e r 2 0 1 4 9 l egal Aid Ontario is vigorously denying a spate of hiring of duty counsel, who are reportedly han- dling minor trial matters, is the start of a bigger move towards a public-defender system. "Legal aid is not moving to a pub- lic-defender system," LAO spokeswoman Genevieve Oger told Law Times. "Legal aid believes in a vibrant private bar." The comments follow suspicion among Ontario's criminal defence bar that a slew of new duty counsel, some of whom are handling trials on minor charges rather than the usual focus on bail matters and first appearances, represents a long-feared move to a U.S.-style public-defender sys- tem. "What I understand is happening is they're hiring not just extra duty counsel but they're hiring in-house counsel to actu- ally do trials," says Toronto's John Rosen. "It's sort of a creep that's moving up," he says of the implications for the private bar. It's a trend defence lawyer Blair Drummie has noticed as well. "Duty counsel are doing trials in Brampton. They're going to start soon at College Park" court in Toronto. Oger admits the hiring has been going on but says it follows a financial analysis that showed in some places, it's cheaper to hire staff duty counsel rather than pay private lawyers per diem to do it. "In those places, it makes sense to hire someone full-time," she says, adding LAO welcomes applications from the private bar for those positions. Oger also notes duty counsel have gener- ally handled trials less than a dozen times a year in the past. But do the changes herald a move to do that more often as some in the private bar suspect? Oger says the duty counsel manual has always allowed those lawyers to take any steps that may be appro- priate to protect a client's rights, including trials. Asked if they'll be exercising that option more often, she says: "Our man- date is to serve the low-income people of Ontario. . . . Many of the working poor are not eligible for certificates. . . . We have to try and find ways to serve low-income people. As so that could be expanded duty counsel." For people like Drummie, a big concern is the quality of representation by duty counsel rather than through a full legal aid certificate. "It's an unfortunate thing they're doing," he says, noting the good reputation Ontario's certificate system has always had. Rosen says LAO's approach may not be that cost-effective after all. "The real- ity is if you're an employee, you're going to work employee hours, you're going to have an employee mentality." Oger acknowledges the general decline in certificates to hire private defence counsel but says the decrease is in line with overall crime rates and activity in the court system. — GLeNN KAuth glenn.kauth@thomsonreuters.com MATTER CREDENTIALS TORONTO I BARRIE I HAMILTON I KITCHENER 1-866-685-3311 I www.mcleishorlando.com A Noticeable Difference ™ Proud Member Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer? jÒSELECTEDÒBYÒPEERSÒFORÒINCLUSIONÒINÒ"ESTÒ,AWYERSÒINÒ#ANADA jÒRATEDÒÒOUTÒOFÒÒ!6Ò0REEMINENTÒÒ-ARTINDALEÒ(UBBELL jÒSELECTEDÒBYÒPEERSÒFORÒINCLUSIONÒINÒ,EXPERTÒ#ANADAgSÒ,EGALÒ,EXPERTÒ$IRECTORY jÒAÒ$IRECTORÒORÒ0ASTÒ0RESIDENTÒOFÒTHEÒ/NTARIOÒ4RIALÒ,AWYERSÒ!SSOCIATION jÒAÒ#ERTIFIEDÒ3PECIALISTÒINÒ#IVILÒ,ITIGATION ntitled-3 1 14-05-07 4:36 PM ontario beefs up duty counsel

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