Legal Aid Funding for Criminal Law Matters
In 1972, the federal government, through the Department of Justice Canada, negotiated legal aid cost-sharing agreements with the provinces. The federal government committed to contributing approximately 50% of the cost of providing criminal legal aid services in each province. The program was meant to provide legal assistance to accused people who had little or low incomes and were charged with an offence for which incarceration was likely upon conviction or were facing extradition or were appealing a judgement relating to these types of situations. Aside from setting these minimal coverage goals, including coverage for young offenders facing closed or open custody, the cost-sharing agreements did not dictate eligibility criteria or how a provincial legal aid plan should provide services.
Provinces provide criminal legal aid services through different service delivery models — government-funded legal aid clinics and private practice lawyers paid a set hourly rate or a tariff per type of case.
In 1990-91, the federal government capped its legal aid contribution at approximately $86 million. Following policy review exercises in the 1990s, federal contributions dropped, falling to $82 million in 2000-2001. The trend was reversed in 2001-2002 when $20 million was added to the criminal legal aid budget on a temporary basis. In 2003, the federal government committed to increasing the amount available for criminal legal aid services to $126.5 million for 2003-04 and for 2004-05.
Legal Aid for Civil Law Matters
Federal funding for civil legal aid matters began in the late 1970s as part of the Canada Assistance Plan funding to the provinces, and the funds provided were linked to those actually spent. In 1994-95, this funding was rolled into the Canada Health and Social Transfer (CHST) and became an unconditional transfer payment to the provinces. At that time, approximately $99 million of federal money was being provided for civil legal aid services. Federal support for civil legal aid services is part of what is now called the Canada Social Transfer (CST) and is not specifically identified or allocated.
Legal Aid in the Territories
The federal government has signed access to justice agreements with the territorial governments. Under these agreements, federal funds are provided for criminal and civil legal aid services, the native courtworker program and public legal education and information (PLEI) programming. This arrangement reflects the Attorney General of Canada’s responsibility for the administration of justice in the territories. The federal contribution to the territories under the access to justice agreements for 2000-01 is expected to be just over $2 million.
