Law

Only a lawyer can figure this

NNSL (DEC 20/96) - Fewer Northerners applied for legal aid last year and more were denied the service in 1995-96 compared with other years.

And, according to the latest annual report of the Legal Services Board of the Northwest Territories, the payment structure for private lawyers who take on legal aid cases has changed substantially -- twice over the last year.

The report was tabled recently in the legislative assembly.

It says that in 1995-96 only 2,843 applications for legal aid were received compared with 3,253 the year before and 3,252 in 1993-94.

Over the last year 813 applications were denied compared with 542 the previous year and 481 in 1993-94.

Assistant deputy justice minister Nora Sanders said since the tabling that while some new policies have been put in place that affect legal aid eligibility, a stricter application of the rules is responsible for the higher rate of denials.

"There are some variations annually, and there have been some new policies with regard to what people can get legal aid for," said Sanders.

"But generally, applications are being more closely scrutinized because of government financial restraint," she said.

With respect to lawyer fees, in 1994-95, a three-tiered payment structure was in place:

Lawyers with less than two years experience received $64.20 per hour or $375 per day.

Lawyers with between two and five years experience received $75 per hour or $465 per day.

Lawyers with five or more years experience received $92 per hour or $550 per day.

On July 4, 1995 that changed to a five-tiered payment structure.

Students-at-law received $43 per hour or $248 per day.

Lawyers with less than 4 years experience received $65 per hour or $375 per day.

Lawyers with four to six years experience received $75 per hour or $465 per day.

Lawyers who have between seven and 10 years experience received $92 per hour or $550 per day.

Lawyers with 11 years or more experience received $102 per hour or $650 per day.

However -- to further complicate those numbers -- this summer all of those rates were rolled back by 6.25 per cent, said Sanders.

"That, I expect, will show up in next year's report," she said.

The rate of pay to private lawyers for legal aid services is set by the territorial government after consultation with the Legal Services Board.

Last year the board spent a total of $5.5 million, $2 million which went to fees and payments. The previous year saw almost identical figures paid out.

Members of the board are appointed by the territorial minister of justice and include representatives of the legal profession, the public service, territorial regions and the Attorney General of Canada.

The territorial government assumed responsibility for legal aid from the federal government in 1971.