The Montreal Gazette reports that,

“Canada’s justice system has become out of reach for many of those who need it most, according to a new report by the Canadian Bar Association that calls on the federal government to restore legal aid funding to the level it was at in the mid-1990s as part of a systemic overhaul to be completed by 2030.

The summary report released Sunday at the organization’s annual convention said while legal aid funding has increased over the last five years, it’s still down about 20 per cent overall compared to pre-1994 levels.

Furthermore, the federal government has gradually reduced its share of funding for both criminal and civil legal aid. Up until 1995, the report argues, the federal government split the cost with the provinces and territories 50-50. It now contributes just 20-30 per cent of the cost.

“Like health care, justice is a shared governmental responsibility,” says the report. “A reinvigorated federal role is imperative if we are to reach equal justice.”

The report calls on the government to return to 50 per cent cost sharing in criminal matters and to establish a “dedicated” contribution to civil legal aid. It also calls for legal aid services to be expanded and improved.

“The reduction in federal spending overall, increased complexity in the substantive law and growing demands for criminal legal aid have placed pressure on legal aid providers to ration services — in a way often inconsistent with the general purpose and public policy values underlying the program,” says the report.”  The  author of the report  Melina Buckley says one of the biggest concerns is the growing number of people who represent themselves in civil cases. Ms. Buckley says many people earn just enough money so they don’t qualify for legal aid, but they also don’t make enough to pay for a lawyer. Those people often find themselves on their own in court, she says.

The problem is especially pronounced in family law cases.

“They describe that as just being a terrible experience,” said Buckley.