David and Collet Stephan are charged with failing to provide the necessaries of life to 19-month-old Ezekiel who died in March 2012. (File photo by THE CANADIAN PRESS)

Many of Canada’s working poor can’t afford lawyers, don’t qualify for legal aid

One lawyer says many people earn too much to qualify for legal aid, but not enough to really live on

Legal experts say the justice system is failing Canada’s working poor, many of whom are unable to afford lawyers and end up pleading guilty or representing themselves in court.

In Alberta, legal aid isn’t available to anyone making more than $20,000 a year. In Ontario, the threshold is $17,731. B.C.’s limit is $19,560, while it’s slightly higher in Quebec at $22,750.

Ian Savage, president of the Calgary Criminal Defence Lawyers’ Association, says hiring a lawyer for trial can range from $1,500 to $10,000, depending on the lawyer’s experience.

“There’s obviously an entire class who don’t qualify for legal aid,” he says.

“The working poor cannot afford a private lawyer, full stop.”

Balfour Der, a veteran Calgary criminal defence lawyer, says many people make too much to qualify for legal aid, but not enough to really live on.

He’s noticed a rise in self-representation, which can bog down the courts. Other people give up and plead guilty when they shouldn’t, he adds.

“There’s probably an analogy to be drawn that people trying to seek out legal assistance is probably not much different than those people in the U.S. who are trying to get medical coverage but can’t afford it.”

Canadian Bar Association member Patricia Hebert, who practises family law in Edmonton, says people need more help because legal needs have become increasingly complex.

“People who tend to need legal-aid services and have lower incomes and can’t afford hiring a lawyer privately — that’s a pretty huge category of people right now.”

Finding efficiencies, providing legal advice and more public education could reduce pressure on the system, she suggests, but people are falling through the cracks.

“I am chronically a terrible sleeper because I’m carrying around in my head the myriad of problems of my own clients and of all the people we’re not yet getting to help.”

David Stephan says he and his wife racked up legal bills exceeding $1.2 million over two criminal trials and two appeals, including one to the Supreme Court of Canada. The Alberta couple was ultimately found not guilty earlier this year of failing to provide the necessaries of life for their toddler son, who died in 2012.

Court heard the boy had meningitis and the couple tried treating him with herbal remedies before he was rushed to hospital. The second trial judge found he died of a lack of oxygen.

READ MORE: ‘My son’s not breathing:’ 911 call played at Alberta meningitis death trial

“When this all began over seven years ago, we never realized that it would end up costing near this much. In our naivete, we didn’t expect it to be much more than a hundred thousand dollars,” Stephan says.

The family got help from relatives and sold assets, including their home. They also received about $300,000 in public donations from supporters.

Lisa Silver, a university of Calgary law professor, says there is no quick solution. Governments may be hesitant to increase legal aid-spending, but she urges them to be creative.

“It doesn’t necessarily mean a free lawyer. It can mean other things like more legal clinics, more duty counsel who work in the courts to just help with those difficult procedures. It could mean more advocates who aren’t necessarily lawyers.”

KEEP READING: Accused mother cries at Alberta trial over boy who died of meningitis

Bill Graveland, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Capitol Theatre looks to homegrown talent for new season

The theatre is running 35 shows through March

Slocan Valley abattoir sees some positives in proposed rule changes

The province wants to increase livestock production and processing in rural areas

Nelson and District Chamber of Commerce supports start of province’s economic recovery plan

There are plenty of positives for small businesses in the plan

Nelson Lions firewood sale Saturday

The annual fundraiser is being held at Blewett Elementary

Two new COVID-19 cases announced in Interior Health region

The total number of cases in the region is at 533

B.C. starts October with 82 more positive COVID-19 tests

10,899 tests a record for a single day, Bonnie Henry says

Missing mushroom picker in northern B.C. found dead

Witset elder found deceased in Price Creek area more than two weeks after he vanished

BC Greens focus on long-term care reform in first platform promise

Greens have promised to move away from the for-profit care home model

‘It’s a nightmare’: Northern B.C. family desperate after living in hotel for a year

Renae Podgorney says because of a lack of rentals, she’s now applying to rent a one-bedroom unit

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Costs climb to more than $100K for BC SPCA to care for animals in B.C. farm seizure

Eight puppies, of the 97 animals seized have now died from parvovirus enteritis

B.C. VOTES 2020: Wilkinson to stop 24-hour camping in city parks

Ban on ‘unsafe roadside panhandling’ to be enforced

Be prepared and drive safely, say BC RCMP as winter draws closer

Police provide list of ways to stay safe while driving in winter conditions

Most Read