WINNIPEG — The CCLA has filed a Notice of Application today with the Manitoba Court of King’s Bench alleging that the underfunding of criminal legal aid by the Governments of Manitoba and Canada violates the Charter of Rights and Freedoms. This is the first systemic challenge to criminal legal aid underfunding in Canada.
Shakir Rahim, Director of the Criminal Justice Program and co-counsel in the case, said “Whether you are rich or poor should never determine whether you are found guilty of a crime. Legal Aid is supposed to protect that principle, ensuring that every person receives adequate legal representation.”
But in Manitoba, like many provinces and territories, provincial and federal government funding for legal aid is woefully insufficient and has been for decades. Income cut-offs to receive legal aid have not kept up with the cost of living, and what the program covers is far below the actual requirements of increasingly complex criminal proceedings.”
Howard Sapers, CCLA Executive Director, added, “The Government of Canada knows that legal aid is essential to fulfilling its obligations under the Charter, including the right to a fair trial; the right to life, liberty, and security of the person; and the right to equal protection and equal benefit of the law. Government policy cannot deny these rights.”
Of significance, Rahim added, “While everyone is affected by underfunding, it places a particularly harsh burden on Indigenous people, who are disproportionally represented in the criminal justice system, face higher rates of poverty, and are more reliant on legal aid.
The result of underfunding is that Legal Aid Manitoba must ration its services. Many people who need funding do not receive it and are either self-represented or face financial ruin, even if they are found not guilty.”
The CCLA will seek a declaration from the Court that the underfunding of criminal legal aid violates ss. 7, 11(d), and 15 of the Charter, and Canada and Manitoba must act to ensure adequate funding and coverage.
The CCLA is grateful for the excellent pro bono representation of Andrew Matheson and Natalie Kolos of McCarthy Tétrault LLP in this matter.
Read the Notice of Application here.
