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Powell agreed to act on a high-profile murder trial in Kitchener, Ont., involving three accused. The three lawyers on the case had previously made applications before the court to continue representing the men at higher rates. The judge denied the application. Several other funding applications were raised across Ontario, many of which were argued by support- ers of the boycott acting pro bono, said Burstein. Those lawyers argued that in maintaining a supervisory role, judges should ensure the accused has a qualified lawyer. And qualified lawyers will only act when they are reasonably compensated. "The court can no longer be satisfied that the state will have discharged its obliga- tions by the mere existence of a legal aid program." Burstein told Canadian Lawyer before the settlement. In a handful of instances, judges man- dated higher rates for lawyers on legal aid certificates. In a dangerous offender hearing in Sault Ste. Marie, Ont., Crown counsel John Zarudny argued that those decisions undermine the accountability of the compensation regime the province implemented. "There is no accountabil- ity when you have individual lawyers in individual cities and towns around the province, showing up in court and saying, 'You made an order, your honour . . . this is my rate and you have to give me that rate.' Well, with respect, the state says no." Justice John Keast pointed out that even some of the province's Crown attor- neys supported the boycott. "The public confidence in the administration of jus- tice right now in this province is being severely shaken over this crisis in legal aid, this massive boycott," he said. A federal tax court judge also recently had strong words for provincial legal aid programs, noting that assistance is not provided to taxpayers who can't afford representation in income tax appeals. "The rationale, I could only guess, is that if a person has a tax problem, the person must have money," Chief Justice Gerald Rip of the Tax Court of Canada wrote. "Legal aid programs must consider extending their assistance to taxpayers, notwithstanding current budgeting issues." Meanwhile, the boycott was closely watched by justice officials in other prov- inces, which have their own problems with legal aid. Criminal lawyers in Quebec have initiated multiple boycotts in the past with only marginal success. And in British Columbia, the province is blaming financial pressures in its decision to close five regional legal aid centres and cut dozens of jobs. But for any bar trying to rally support for a boycott, one of the bigger challenges is convincing the public that almost $100 an hour is woefully inadequate. Burstein said the support of many newspaper edito- rials helped explain that defence lawyers were not getting wealthy off of provincial funds. "We've continuously made it clear that it's not simply more money for rich lawyers." PROFESSIONAL DIRECTORY G.R. Moss Appraisals Inc. Machinery and Equipment Valuations PROVIDING EXPERT OPINIONS FROM COAST TO COAST GILLES R. MOSS A.S.A., CEA 2910 SOUTH SHERIDAN WAY OAKVILLE, ONTARIO L6J 7J8 www.grmossappraisals.com TEL. (905) 829-5594 FAX (905) 829-7600 CELL (905) 829-1590 valexperts.pro@rogers.com oss_CL_Nov_09.indd 1 US Immigration Law Firm Let us help you and your clients with their US immigration matters. We specialize in business immigration and EB5 cases. Karen Caco, International Immigration Services, H1B, L1, E2, TN Visas and EB5 Green Cards www.ezusimm.com 239/261-6777 x 199 gowlings.com www. C ANADIAN Law ye rmag.com FEBRU AR Y 2010 39 Simmigration_CL_Feb_10.indd 1 1/25/10 9:03:24 AM ntitled-5 1 12/11/08 3:24:59 PM 10/28/09 2:36:04 PM ntitled-5 1 Supreme Court of Canada Counsel and Agency Services Henry S. Brown, Q.C. Martin W. Mason Guy Régimbald Eduard J. Van Bemmel, Legal Assistant 4/6/09 4:20:13 PM Brian A. Crane, Q.C. Graham Ragan 2600 - 160 Elgin Street, Ottawa, ON K1P 1C3 Tel: (613) 786-0139 Montréal Ottawa || Kanata | Toronto | Hamilton | Waterloo Region | | | Calgary Vancouver Moscow | London