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

As part of Earth Week, Ucluelet Rotary Club member Ryan Wackett will be handing out free Clean Up Packages with grabber picker up tools at his shop Westcoast Connect from April 10 to 23. (Nora O’Malley photo)
Ucluelet Rotary honours Earth Day with week long community clean up

“Let’s spring into action and clean up our beautiful communities!”

Hwy. 4 was shut down in both directions for 10 hours on March 23 as a rock bluff was blasted as part of Kennedy Hill’s ongoing construction. Commuters can expect five more 10 hour closures on five consecutive Wednesdays beginning April 28. (Photo courtesy of Ministry of Transportation and Infrastructure)
Five 10-hour closures coming to Hwy. 4 between Port Alberni and Tofino-Ucluelet

Closures needed for rock blasting as part of the Kennedy Hill Safety Improvement project.

B.C. Centre for Disease Control maps showing new COVID-19 cases by local health area for the week of April 4-10. (BCCDC image)
Parksville-Qualicum passes Nanaimo in new COVID-19 cases

Greater Victoria had more new cases than any other Island area: B.C. Centre for Disease Control

A screenshot from a Nuu-chah-nulth healing song and performance created in collaboration between Hjalmer Wenstob and Timmy Masso. (Screenshot from YouTube)
WATCH: Tla-o-qui-aht First Nation brothers produce COVID-19 healing song and performance

Hjalmer Wenstob and Timmy Masso share dance and inspiration.

Ucluelet locals Rachael, Caroline and Tom enjoy refreshments on a sunny Monday afternoon at a picnic table dining area set up by the District of Ucluelet to help residents and visitors support local businesses while staying outside. (Andrew Bailey photo)
Ucluelet chamber launches bingo contest to support local restaurants

Four Ucluelet Co-op shopping sprees are up for grabs in #Ukee2go competition.

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

For Leela Harrop, the recent death of her brother Raju Tiwari pushed her to sign up for the vaccine. Photo supplied
Island woman on fence about vaccine prompted by brother’s death

Leela Harrop of Comox says she did have issues with signing up online this past week

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Coldstream students took over the Your Letters page in the April 9, 2021, edition of the Vernon Morning Star to offer advice to adults about COVID-19. Interior Health took notice and offered their praise. (Vernon Morning Star)
‘We can get rid of COVID together’: B.C. kids share heartwarming advice

Grade 2 and 3 classes from a North Okanagan elementary took over Letters page of this Black Press newspaper

Most Read