March 4, 2021
Province Introduces Legislation that would Ensure Legal Aid Manitoba Can Be More Responsive to Needs of Manitobans
The Manitoba government is introducing changes to the Legal Aid Manitoba Act that would give Legal Aid Manitoba (LAM) the authority to set fees for private bar lawyers, Justice Minister Cameron Friesen announced today.
“Giving Legal Aid Manitoba the responsibility over the tariff will ensure that Legal Aid has the ability to make adjustments quickly and manage services more effectively,” said Friesen. “Fees have not increased for years; we acknowledge the importance of addressing this in order to ensure that lawyers will continue to choose this important field of practice.”
The proposed amendment would ensure that LAM has the necessary levers and tools available to make modifications quickly to ensure fair or reasonable services. This would also provide opportunities to make adjustments when law or procedures change.
LAM provides free or affordable legal services to low-income Manitobans and ensures access to justice for those who are disadvantaged and facing a well-resourced individual or entity in court. These services are delivered using a mixed model, with roughly half of the cases handled by lawyers on staff and the other half of cases handled by private bar lawyers who are paid a fee for each case. Fees for private lawyers are currently set out in provincial regulation based on an hourly rate, which has not increased since 2008.
Early last year, the province released an independent review of Legal Aid Manitoba that identified several important opportunities for improvements. The report included a number of recommendations to improve legal services and support the sustainability of the organization, including amendments to the Legal Aid Act to give Legal Aid the authority to set the tariff as they see fit.
This change aligns with Manitoba’s throne speech commitment to enhance the provision of legal aid to ensure it delivers on its core mandate to efficiently provide legal services for those who cannot afford them. The minister noted it also supports the goal of Manitoba’s Criminal Justice System Modernization Strategy to improve the timeliness of the justice system including bail hearings.
LAM operates at arms length from government and is funded by the Manitoba government, the Government of Canada, the Manitoba Law Foundation and fees paid by clients. Similar programs exist across Canada. For more information about LAM, visit www.legalaid.mb.ca/.
The independent review of LAM and its recommendations are available online at www.gov.mb.ca/justice under Publications.
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