Ontario legal aid changes an important first step, Criminal Lawyers’ Association president says

Law360 Canada (January 10, 2025, 5:06 PM EST) -- The organization overseeing legal aid in Ontario has proposed a three-year increase in financial eligibility thresholds aimed at allowing more low-income people to access the justice system, a move the president of the provincial Criminal Lawyers’ Association characterized as an important first step.

Under its proposals, Legal Aid Ontario (LAO) plans to raise its current financial eligibility thresholds for family and criminal duty counsel services and criminal certificate eligibility to $45,440 for families of up to four individuals for three years.

The province said this increase will allow more people to receive advice from duty counsel lawyers in court, or to hire a legal aid lawyer if they are facing criminal charges. LAO is also proposing to increase its asset thresholds for family and criminal duty counsel and criminal certificate services to $15,000, regardless of family size.

Ontario Attorney General Doug Downey said in a statement the plan will help ensure access to justice for approximately 180,000 additional people across the province per year and contribute to a more sustainable justice system.

“Our government is proud to support this proposal, which would enable Legal Aid Ontario to continue delivering quality legal aid services while moving cases more efficiently through the court process, while reducing backlog,” he said.

Boris Bytensky, president of the provincial Criminal Lawyers’ Association (CLA), said Legal Aid Ontario’s plans are an “important first step, but it can’t be the last” in increasing and enhancing legal aid in the criminal justice system.

“I’d like to express my gratitude to the government for making a decision that may not be popular with every member of the public who doesn’t understand that it is necessary to fund this system properly to ensure that it’s a system we can all be proud of,” he said. “And kudos for the government for recognizing this has to be done.”

Bytensky said the criminal justice system is in a crisis due to the number of self-represented individuals who are appearing in court.

“And there is no doubt in my mind that there is a strong correlation between the failure to change or raise financial eligibility thresholds for a number of years and the significant rise in the number of self represented individuals in our court,” he said. “People have not been able to qualify for legal aid because of their income, and naturally, that increases the percentage of individuals in our criminal justice system who are not able to get legal aid coverage, and therefore not able to get lawyers.”

According to an LAO spokesperson, the proposed financial eligibility increases will likely be implemented in the first half of 2025.

“We will keep the public informed once we have a firm date,” the spokesperson said.

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