To: Hon. Mickey Amery (Minister of Justice and Deputy House Leader)
It has come to our attention that the Government of Alberta may be considering changes to the amount that the Alberta Law Foundation (“ALF”) is required by statute to contribute to the Legal Aid Society of Alberta (“Legal Aid”), which is currently set at 25% of revenue by Section 123(2) of the Legal Professions Act.
We are concerned about the impact that this change will have on many of ALF’s other grantees, many of whom are critical players in Alberta’s delivery of access to justice. Many Albertans rely on grantees, such as Edmonton Community Legal Clinic and the UCalgary Law’s Student Legal Assistance to name just two examples, for important legal services and support that, for various reasons, they are otherwise unable to receive from Legal Aid. For many such organizations, ALF funding is critical to their ability to operate. If ALF is required to divert resources away from these grantees and toward Legal Aid, many Albertans may suffer reduced access to justice, as an unintended consequence.
Furthermore, the variable nature of ALF’s revenue stream exacerbates these concerns. Any increase in ALF’s Legal Aid contribution would necessarily mean a corresponding reduction in the funding available to the other grantees. Although trust account interest revenue has been high in recent years, this will not always be true. Changes to ALF’s granting formula will be especially hard on grantees in years, where revenues are down.
CBA Alberta's position, reflected in our Agenda for Justice, has always been supportive of sustainable funding for Legal Aid. However, increasing Legal Aid’s reliance on ALF funding is not sustainable in the long-term. The variable nature of ALF’s revenue stream makes it a poor match for Legal Aid’s fixed-cost operational expenses. In years where revenues are high, ALF can and has provided Special Project or one-time funding for Legal Aid initiatives. However, this still does not replace the fundamental need for long-term sustainable operational funding. We urge you to give this further thought, respectfully.
CBA Alberta remains ready to participate and support the government in efforts to sustain Legal Aid in its mission to provide access to justice for Albertans. Please contact us if you need clarification on any of the above, or if we can be of further help in achieving these goals.
Respectfully,
CANADIAN BAR ASSOCIATION
ALBERTA BRANCH
Robert D.L. Bassett, President