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)

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

Sorting food to deliver to community members isolating due to the COVID-19 outbreak. Back row from left: Philomena Wilson, Sosefina Aleck, Ethan Wilson and Lucetta Wilson. In front is Kennedy Aleck. (Submitted)
“Let’s share a meal even if I can’t sit with you”: Cowichan woman’s food drive helps feed members in isolation

Positive response to missing ceremonies and rising racism benefits dozens of households

This illustration provided by the Centers for Disease Control and Prevention in January 2020 shows the 2019 Novel Coronavirus. This virus was identified as the cause of an outbreak of respiratory illness first detected in Wuhan, China. [CDC]
Lake Cowichan daycare closes for 10 days due to COVID-19 exposure

A client at Creative Angels Daycare came in contact with someone who tested positive

(Pxhere)
Mill Bay nurse suspended after using Tensor bandage to trap long-term care patient in room

Susan Malloch voluntarily agreed to a three-day suspension of her certificate of registration

Cullen Ferguson has left the Cowichan Valley Capitals to play with the Aberdeen Wings of the NAHL. (Citizen file)
Cowichan Capitals say goodbye to Ferguson and Richter

The Caps traded another Union College commit away last week

Businesses continue to struggle under COVID-19 restrictions as the pandemic reaches the one-year mark. (B.C. government)
Another 564 COVID-19 cases, mass vaccine plan coming Friday

15 more deaths, community cluster declared in Williams Lake

Darlene Curylo scratched a $3M ticket, BCLC’s largest ever scratch and win prize. (BCLC)
Kelowna woman in shock after winning BCLC’s largest-ever instant-ticket prize

Darlene Curylo couldn’t believe her eyes when she saw the amount of money she’d won from a scratch ticket

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
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

While each person has different reasons for becoming homeless, a UBCO study shows they learn through their interactions with different services to perform ‘as homeless’ based on the expectations of service providers. (Contributed)
Kelowna homeless forced to ‘perform’ for resources, says UBCO study

One participant in the study said ‘It is about looking homeless, but not too homeless’

Aquaculture employee from Vancouver Island, Michelle, poses with a comment that she received on social media. Facebook group Women in Canadian Salmon Farming started an online campaign #enoughisenough to highlight the harassment they were facing online after debates about Discovery Islands fish farms intensified on social media. (Submitted photo)
Female aquaculture employees report online bullying, say divisive debate has turned sexist

Vancouver Island’s female aquaculture employees start #enoughisenough to address misogynistic comments aimed at them

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns, apologizes for ‘tensions’ at Rideau Hall

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

The top part of the fossil burrow, seen from the side, with feathery lines from the disturbance of the soil – thought to be caused by the worm pulling prey into the burrow. (Paleoenvironntal Sediment Laboratory/National Taiwan University)
PHOTOS: SFU researchers find evidence of ‘giant’ predatory worms on ocean floor

Fossils found the prove the existence of an ancient Taiwanese worm as long as two metres

RCMP officers provide policing for 63 B.C. municipalities under a provincial formula based on population. (Black Press file photo)
B.C. communities warned of upcoming RCMP unionization costs

Starting salaries for city police officers are 30% higher

Most Read