CDLPA Spring 2012 Plenary Session ----------------------- Legal Aid Ontario Presentation Executive...

CDLPASpring 2012 Plenary Session-----------------------Legal Aid Ontario Presentation Executive SummaryThursday, May 10, 2012Kingston , OntarioBob Ward, President & CEODavid McKillop, Vice President, Policy, Research and External Relations

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This presentation will be available on Legal Aid Ontario’s website:

WWW.LEGALAID.ON.CA

CDLPA Spring Plenary 2012

http://www.legalaid.on.ca/

Business Planning Context: Environmental Scan

• Economic uncertainty• Financial pressures facing the province• 2012 Provincial Budget and Federal Budget• Low interest rates• Auditor General’s Report• New legislation• Ministry of the Attorney General

CDLPA Spring Plenary 2012 3

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2012 Provincial Budget


Public services in Ontario are being evaluated with unprecedented scrutiny. In its 2012 budget, the Government of Ontario committed to:

“revisiting and scrutinizing existing assumptions and traditional public service delivery models.”

Improving Legal Aid Ontario’s Financial Position

FY08/09 FY09/10 FY10/11 FY 11/120

5

10

15

20

25

30

19.1

27.6

8.6

1.1

Legal Aid Ontario's Operating Deficit

Legal Aid Ontario’s deficit has dropped from a high of $27.6 million in 2009/10 to a projec-ted $1.1 million in 2011/12.


Administration costs

2007/08 2008/09 2009/10 2010/11 2011/12 Forecast

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

18.5% 18.3%19.4%

15.8% 15.3%

% of Total Expenditures


Administration costs were 18.5% of total expenditures in 2007/08; they are more than 15% in 2011/12.

Legal Aid Ontario Certificates, 2009-2012

Criminal Family Immigration & Refugee

Other Civil)0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

2009-20102010-20112011-2012

Total Certificates Issued in 2011-2012: 105,547 (includes charges heard separately)Total Certificates Issued in 2010-2011: 100,387Total Certificates Issued in 2009-2010: 109,310


The Auditor General of Ontario’s Report: Value for Money Audit of Legal Aid Ontario

• Value for money audit report, released December 2011, was generally positive about Legal Aid Ontario:

“We felt its multi-year long-term strategy was heading in the right direction”.


Legal Aid Ontario’s Modernization Strategy:Initiatives Are Viewed Through Four Strategic Quadrants

Value for Clients(examples:

Aboriginal Justice Strategy; Family Law Information

Program)

Value for Taxpayers

(examples: deficit reduction;

simplified financial eligibility)

Support for Legal Aid Ontario

Service Providers(examples: block

fees, improved processing of

lawyer accounts (98% within 60

days)

Support for Legal Aid Ontario’s Institutions

(Strengthening Capabilities)(examples:

Lawyer Workforce Strategy; risk management)


CRIMINAL LAW SERVICES


Criminal Law: Block Fees Results

Guilty Withdrawal0%

10%20%30%40%50%60%70%80%

19%

69%

57%

34%

Indictable Certificates Year to Date

YTD Actual Target Guilty Withdrawal

0%

10%

20%

30%

40%

50%

60%

70%

30%

63%

38%

55%

Summary Certificates Year to Date

YTD Actual Target

The percentage of withdrawals for Block Fee certificates is higher than anticipated for both indictable and summary offences. The cost of a withdrawal is $90 greater than the cost of a guilty plea. Therefore, the fact that there are more withdrawals than anticipated means that the block fee certificate cost is more costly than originally estimated.


Criminal Law: Frequency of Block Fee Enhancers

13%

10%

0% 0%

2%

8%

21%22%

1%0%

10% 10%

0%

5%

10%

15%

20%

25%

Bail JPT CM Bail Review Mental Health Gladue

YTD Actual Target

The frequency of additional blocks billed is less than expected to date.


DUTY COUNSEL SERVICES


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Duty Counsel

• Duty counsel services are available in every courthouse in Ontario, including 28 remote and fly-in locations.

• Total funding for Legal Aid Ontario duty counsel lawyers’ services across Ontario in 2010-11 was $43.7 million.

• Majority of lawyers providing duty counsel services across Ontario are private bar lawyers on an hourly or per diem basis.

• There are 1,336 private bar lawyers who provide duty counsel services with an average of 17 years of experience.

• There are approximately 156 Legal Aid Ontario staff duty counsel lawyers, with an average of 11 years of

experience.


Duty Counsel Assists

YTD Dec 2009 YTD Dec 2010 YTD Dec 2011 -

100,000

200,000

300,000

400,000

500,000

600,000

700,000

468,481 440,591

414,461

131,447 128,219 127,215

599,928 568,810

541,676

CriminalCivil TotalLinear (Total)


Originally projected that duty counsel assists would increase as a result of modernization. However, the model of service being provided has changed. The data does not capture the additional activity of Legal Aid Ontario’s court workers.

Summary Legal Advice


Summary Legal Advice being provided and final resolution services have increased to reflect a change in focus of duty counsel activity. While total duty counsel activity is down by 13%, Summary Legal Advice is up by 18% and Final Resolution Services have increased by 14%.

FAMILY LAW SERVICES


Family Law: Certificate Breakdown, 2011-2012

Case Type Certificates Issued Total Paid

AverageCompleted Case Cost

Number of Completed

Cases

CFSA 7,098 $12,890,141 $3,024 4,262

Family Domestic

14,219 $28,085,705 $2,703 10,390

Total 21,317 $40,975,846 14,652


Family Law: Accessing New Services

Family Law Information Program Online: Two

Versions

• Legal Aid Ontario's Family Law Information Program (FLIP) available in two versions:

– Certificate version allows users to print a certificate that indicates they have fully completed each page of the program.

– The non-certificate version allows users to navigate the program freely but does not offer a certificate of completion.

Family Law Information Program:

Program Usage

• During the week of March 9-15, 2012, the FLIP page on Legal Aid Ontario’s website was accessed 545 times, with 456 of visitors on the page for the first time.

• Between January and mid-March, 2,381 visitors used the FLIP program at some point.


DISCRETION


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Discretion

“Exceptional Circumstances”

– Results obtained– Complexity of the matter– Contributions of the applicant– Amount of time realistically set aside in anticipation

of lengthy trial which time was not otherwise filled by the lawyer

– Any other relevant factor

Legal Aid Services Act, 1998, Schedule 1 & 2 O.REG. 107/99


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Discretion Guidelines Consultation


Meetings with Associations (CLA, FLA, RLA) April

Web solicited input – materials posted on Legal Aid Ontario website April-May

DAD connections with local panel members – April-May

FINANCIAL ELIGIBILITY


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Financial Eligibility Review


CLINIC STRATEGIC PLANNING


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Clinic Strategic Planning Process

• The ACLCO is leading a strategic visioning exercise

• Ideas for the Future Development of Clinic Law Delivery Services In Ontario – Legal Aid Ontario discussion paper


CLIENT SERVICE CENTRE


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Client Service Centre

• Legal Aid Ontario’s toll-free client service centre connects more than 1,300 callers a day to a variety of services in over 200 hundred languages. Services include:– legal information – referrals, legal aid applications– criminal and family summary legal advice from a lawyer

• Average wait times - less than three minutes

• Approximately 40 percent of all Legal Aid Ontario applications are processed through the client service centre.


QUESTIONS?


CDLPA Spring 2012 Plenary Session ----------------------- Legal Aid Ontario Presentation Executive...

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