Drastic changes to income eligibility requirements for legal aid are the latest example of the Ed Stelmach government’s unfortunate attempt to rein in spending at the expense of Alberta’s most vulnerable citizens.
The income changes announced Tuesday reduce the income eligibility requirements by 30 per cent for legal aid, a cost-cutting measure that’s expected to save $5.6 million annually. It means any individual with an income exceeding $14,700 will no longer qualify, a change from the previous cut-off of $21,000. The eligibility limit for a family of four drops to $28,000 from $40,000.
The government announced the cuts under the guise of a one-year “pilot project” that it incredulously claims will increase access to justice, even though the cuts mean the reverse will happen. Some 6,100 low-income Albertans will no longer qualify, likely leaving most if not all without a proper defence in court. Other measures approved in the pilot such as expanding criminal duty counsel in Edmonton, Calgary, Red Deer and Lethbridge, and creating service centres that will refer clients to legal help they cannot possibly afford fall well short of the types of services needed.
The cuts follow a review of Legal Aid Alberta, which has experienced a cash crunch of late from declining returns on investment income due to low interest rates. The society has watched its revenue drop from $14.8 million two years ago to $5.9 million last year, with just $800,000 projected this year. Instead of helping bridge the gap, as advocated by the Association of Criminal Trial Lawyers, the province has chosen to impair access at a time when the need is swelling. Over the past five years Legal Aid Alberta has seen a 43 per cent increase in the number of clients it serves, yet per capita funding from the province is the third lowest in Canada.
Legal aid is just one example in a series of heavy handed cuts aimed squarely at the poor. Shortfalls are already commonplace among agencies that provide services under the Persons with Developmental Disabilities program, thanks to flat-lining funding amid rising client need. Some $12.5 million also has been cut from welfare and work training programs, along with child benefits. Foster care program were another target — temporarily at least — until funding cuts were reversed in an embarrassing episode that saw a bureaucracy act out of step from its minister.
With a $4.7-billion deficit it’s clear the government has to find budget savings somewhere, but cuts at the expense of the poor isn’t the answer. Pulling legal aid funding means individuals are more likely to represent themselves in court or plead guilty because there’s little other recourse, a situation that serves justice for no one and could result in a greater strain on the system.
The cuts are harder to stomach in that they come mere weeks after the province reduced royalty rates. While the changes were a necessary break for an industry struggling with low prices, it’s unfortunate the poor are not worthy of the same consideration despite similar stark economic realities like 6.9 per cent unemployment in February. One group is more than capable of standing up for itself; the other is not. That should not determine funding priorities.
