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REGIONAL WRAP-UP LEGAL AID ChANGES AFFECTING ACCESS TO JUSTICE: CTLA WEST many, say lawyers. Since last April, 6,600 people have been I denied full-certificate coverage under legal aid. While some people are denied legal representation, the majority still had access to some legal services. "In the cases where a person was denied a lawyer to represent them in court, they either would have received advice or a brief from a Legal Services Centre, or assistance from duty counsel at family or criminal (docket) court, or a referral," says Legal Aid Alberta chairman Kirk MacDonald. The 2009 Legal Aid Alberta Review Initiatives was a full review of legal aid in the province. The minister of Justice approved the recommendations legal aid proposed, and on April 6, 2010, it began implementing six as one-year pilot pro- jects. One of them was to temporarily reduce financial eligibility requirements, and as a result, thousands of Albertans would not receive the services of counsel. The Criminal Trial Lawyers' Association says the financial eligibility changes remove support by the government and hamper access to justice for Albertans, specific- ally the indigent and the working poor. "We believe the results of thousands of Albertans not having access to justice will lead to clogging the courts with unneces- sary trials, longer trials, cases thrown out because of breaches in the accused's right to a speedy trial, more miscarriages of jus- tice, more wrongfully convicted persons, and more inquiries into wrongful convic- tions after the fact. These changes have created a two-tier legal system, one where the wealthy get legal representation and the poor get denied access to justice," says Deborah Hatch, president of the CTLA. Funding for legal aid comes from the government of Alberta and other sources. However, due in part, to a decrease in fund- ing by the Alberta Law Foundation and other sources as a result of the economic downturn, legal aid's funding will drop dramatically in the next several years. The 10 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com ovCanada_CL_Feb_11.indd 1 1/13/11 3:54:54 PM n an effort to improve the system, Alberta has apparently inadvertently removed some access to justice for CTLA wants Alberta to properly fund the system by making per-capita contributions consistent with those in other provinces. It is now one of the lowest. "We would like to see legal aid revert to the former [finan- cial eligibility guidelines], restore choice of counsel, and have the government step back and stop exerting improper control over what is supposed to be an independ- ent system," says Hatch. — DIANE L.M. COOK dianecook@shaw.ca