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recovered from the cutbacks between 1997 and 2001, when Ottawa's yearly funding for criminal legal aid dropped to $72 million from about $79 million. More cash has started to flow back to the system, with Statistics Canada reporting the feds kicking in $112 million in the 2008-09 fiscal year. Nevertheless, those inside the system say too many people continue to be denied legal aid, forcing them to navigate the complex court sys- tem on their own or make grave financial sacrifices to free up cash for a lawyer. QUESTIONING THE JUDICARE MODEL U niversity of Alberta Faculty of Law professor Sanjeev Anand notes that legal aid is a tricky issue for governments. On the one hand, they must ensure citi- zens receive adequate legal representa- tion when their liberty is at stake, but at the same time, they must keep a close eye on the purse strings, especially dur- ing times of economic malaise. To bridge this gap, efforts have been made to find more efficient means of providing legal representation to those in need. Many have questioned the utility of the widely used system, often called judicare, where private lawyers are paid a fee for each case they take on a legal aid certificate. Anand, a former legal aid staff lawyer and Crown counsel, points to a concern of so-called "dump trucks" — lawyers who take on as many legal aid cases as possible and deal away the matters to turn a profit. He acknowledges far more lawyers put in pro bono hours when accepting legal aid cases, but the perception cre- ated by the few who abuse the system can't be ignored. "There are undoubtedly instances of abuse, where clients are not being well served because lawyers are looking at the system and saying, 'I'm not going to go and do a full interview with my client, because I only get paid a certain amount; I'll do the interview right before we walk into the courtroom. I'm not going to engage in a lot of nego- tiations with the Crown; prior to trial I will engage in those negotiations at the courthouse steps.'" Anand continues, "When you've got that pressure because legal aid doesn't properly compensate lawyers for their services, you're going to have lawyers who are going to feel a tremendous amount of pressure to cut corners." Some jurisdictions now use a legal aid staff model to guard against abuses. Mario Santos, chairman of Legal Aid Manitoba's management council, says his province's mixed system of retaining private lawyers and creating legal aid clinics has kept both sides honest. He says Manitoba has a system in place to track the success of both types of pro- viders, private lawyers and those being represented by a lawyer at a legal aid clinic. After five years in his current position, Santos says it's clear the mixed system works best. "You look at the cases, and you see cases where staff are more expensive than the private bar, so you first try to improve internally. When that does not work, you then give those Canadian Law of Competitive Bidding and Procurement Understand the rapidly evolving and unique rules for procurement processes This is a guide to the law governing the procurement of construction and other services in Canada. Rarely discussed and analyzed together, this text reviews both the court (including the recent 2010 Supreme Court decision of ) and tribunal decisions, as well as trade agreement rules on fair procurement. It also contains a detailed discussion of many of the current, unresolved issues in competitive bidding. This work provides a step-by-step analysis of the law at each stage of the procurement process to help you avoid the pitfalls. Find out more about: Order your copy today Hardbound • Approx. 500 pp. October 2010 • Approx. $175 P/C 0994010000 ISBN 978-0-88804-504-1 • • • • • • bid solicitation drafting the invitation fairness and electronic tendering contract clauses bid evaluation post-closing changes and negotiation canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL1010 30 OC T OBER 2010 www. C ANADIAN Law ye rmag.com • • • bid irrevocability tort claims arising from bid processes bid offences Tercon Anne C. McNeely Contractors ...and much more!