On November 26, 2009, we agreed to give the Government a maximum of 60 days to negotiate an acceptable solution to the legal crisis.  Two weeks ago, we reminded them that if a solution could not be reached, the boycott would be expanded to other cases and other levels of court beginning January 25, 2010.  On the eve of being forced to expand the Association's legal aid boycott, I am pleased to announce that the Attorney General, Legal Aid Ontario and the Criminal Lawyers' Association have reached an historic agreement on the future of legal aid in Ontario.

While details of the Agreement will be presented in the Road Show that will take place in your region within the next few weeks, let me identify some of the highlights:

• 40.5 % increases to the tariff for all tier levels by April 1, 2015

• a new "big case" tier, effective February 1, 2010, to be increased by 66% by April 1, 2015

• 10% increases to the standard case tariffs for certificates issued on or after April 1, 2010

• 30% increase to the top level tariff for "big cases", effective for certificates issued on or after April 1, 2010

• elimination of the 25% reduction for fees paid to junior lawyers on "big cases"

• block fees for standard criminal cases reflecting both the higher tariff amounts and 50% of the average discretionary increase to current tariff awards

• a dedicated LAO fund to increase the fees available for defence experts

• a commitment of LAO funds to facilitate more mentoring of junior lawyers

• a commitment from the Attorney General and LAO to sit down with the Association's representative on or before April 1, 2015 to discuss the future of legal aid

The Board was strongly in favour of ratifying this Agreement.  That is not because anyone doubted the resolve of the Membership to expand.  Indeed, it was the strength and solidarity of the Membership which is responsible for producing an agreement between the Government, Legal Aid Ontario and a group of legal aid service providers; namely, us.  That is unprecedented.  In addition to the monetary gains achieved by our boycott, this Association has achieved formal recognition as the voice of the legal aid defence bar, now and for the forseeable future.  We must continue to work together to make sure that we never again return to what Frank Addario called our  "supine position"  in discussions about legal aid funding.  

And so, I congratulate and thank all of you for holding firm all these many months.  However, it is now time for peace.  This boycott has come to an end.  It is time to get back to the work we do so well and which is obviously so highly valued by the public. The Board encourages you to once again accept legal aid certificates for all types of cases.  The Board also urges you to attend the Road Show which will soon be held in your Region to learn more about the details of the Agreement and to ask questions. 

A special thanks to Frank Addario, the lawyers at Sack, Goldblatt, Mitchell, the volunteer lawyers who brought the dozens of funding applications across the Province, and to all members of the previous and current Board for their exceptional work throughout this long and difficult fight.

Viva L'Association!

Paul Burstein
President, Criminal Lawyers' Association
T: 416-204-1825
F: 416-204-1849
president@criminallawyers.ca