Immigration and refugee lawyers denounce 'abrupt' legal aid cuts

Some lawyers who represent refugees and immigration applicants in Ottawa are urging the Ontario government to reverse its decision to endlegal aid funding for their clients.

In its budget last week, the Progressive Conservative government eliminated the province's legal aid funding for refugee and immigration law servicesas part of a30 per cent cut to Legal Aid Ontario (LAO).

On Monday,LAO announcedit would no longer accept most new immigration and refugee cases, starting Tuesday.

"We had a bit of an inkling that there was going to be something coming, but I'm shocked at the level and the abruptness of the change,"said Ronalee Carey, an immigration and refugee lawyer in Ottawa who also teaches refugee law at theUniversity of Ottawa.

Ottawa lawyers denounce cuts to legal aid funding

5 years ago

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Ronalee Carey, an immigration and refugee lawyer in Ottawa, says the cuts may leave people without representation during refugee hearings and appeals.

Pressureto acceptmore pro bonocases

While LAO does have its own offices and staff to directly assist clients, the agency had also been issuing vouchers for clients to pay for the services of a private lawyer, such as Carey, to handle their cases.

"[Arefugee hearing or appeal]is an adversarial process. There's case law involved and it's not something the average person can do on their own,"Carey said.

In a memo to staff Monday,LAO CEO David Field wrotethat the provincetold the agency it can only use federal funding to cover new immigration and refugee services for this year.

As a result, LAO isnowonly issuingnew funding vouchers for what's called a "basis of claim,"a basic form applicants submit to start theprocess to claim refugee status. Funding for help with the formwill be covered by the federal money.

"This cut meanslawyers like myself will have to make decisions about what kind of pro bono cases we're willing to take, and how many we thinkwe can afford to do," Carey said.

Lawyers launch petition

An Ontario government spokespersonsaidthe federal government should fulfillits responsibility to newcomers by shouldering the costs of new cases.

Jamie Liew, an immigration and refugee lawyer and associate professorin the faculty of law at the University of Ottawa, estimatedthat 85 per cent of her clients come to her with funding vouchersfrom LAO.

"There's been no lead time, no preparation or transition time for people to prepare for it," said Liew. "It's very insensitive. It leaves a lot of peoplein the lurch."

Both Liew and Carey have signed a petitionby the Canadian Association of Refugee Lawyers and the Refugee Lawyers Association of Ontario, calling on the Ontario government to reverse its decision.

"I think, in a broader view, it's how we look [after]people in need," said Carey.

"Right now, we seem very protectionist; that our country should, somehow,be able to insulate[itself] from things that are happening in the world.I don't think that's fair. These are human beings."