CDLPA Fall 2012 Plenary Session Legal Aid Ontario Presentation Executive Summary Bob Ward, President & CEO David McKillop, Vice President, Policy, Research and External Relations

This presentation will be available on Legal Aid Ontario’s website: CDLPA Fall Plenary 20122

LAO FINANCES CDLPA Fall Plenary 20123

LAO’s finances Legal Aid Ontario (LAO) receives the majority of its funding from the province of Ontario Funding is also derived from: › the Federal Government › Law Foundation of Ontario › through judgments, costs and settlements › from clients who contribute towards the cost of their legal representation LAO Revenues (millions) Province of Ontario$ Federal Government of Canada: Funding for criminal and youth criminal justice act cases including approximately $7 million for refugee matters $ 53.8 Law Foundation of Ontario$ 19.1 client contributions$ judgments, costs, settlements, client recoveries and other incomes sources $ 1.4 Total Revenues$

LAO’s finances CDLPA Fall Plenary 2012 LAO’s expenditures for 2011/12 fiscal year by program area: 5

LAO’s finances Between 2007/08 to 2009/10, revenues from the Law Foundation of Ontario (LFO) dropped from a high of $56 million to a low of $4.8 million ›By reserving LFO funding for one-time capital expenditures and projects, LAO is reducing exposure to market fluctuations CDLPA Fall Plenary /072007/082008/092009/102010/112011/12 LFO revenues (millions) $51.5$56.4$26.2$4.8$13.4$19.1 6

CDLPA Fall Plenary 2012 LAO’s finances LAO’s operating deficit has dropped from a high of $27.6 million in 2009/10 to $1.3 million in 2011/12 Cost savings in administration and changes in service delivery through LAO’s Modernizations Strategy have contributed to this reduction 7

Justice Sector Trends CDLPA Fall Plenary Police-reported crime rates 1962 to 2011

LAO’S MODERNIZATION STRATEGY CDLPA Fall Plenary 20129

LAO’s enterprise-wide priorities for improvement 10 Value for Taxpayer Support for Service Providers Value for Clients Institutional Enhancements

Clients expect easier interaction with our services › Multilingual › Transparent › Convenient › Accessibility Taxpayers expect greater accountability › Value for tax dollars › Transparency › Measured and reported performance › Effective and efficient services CDLPA Fall Plenary 2012 Drivers of Change 11

LAO’s modernization strategy Key components of LAO’s modernization: › Greater use of technology › more direct services to clients › greater value to Ontario taxpayers LAO’s modernization strategy is helping to limit the impact of decreased revenues while protecting and expanding access to services for clients CDLPA Fall Plenary

Modernization: Client Service Centre Client Service Centre (CSC) established in 2008 All services available in more than 200 languages Average wait time less than three minutes (180 seconds) Priority queue for victims of domestic violence LAO is forecasting to receive more than 300,000 client calls in 2011/12 CDLPA Fall Plenary

LAO has established front line offices in 56 courthouses across Ontario Courthouse offices provide easy access to legal aid services including information, referrals, certificate applications and updates, and legal advice from a lawyer 90 per cent of all criminal matters are heard in courts that have an LAO office CDLPA Fall Plenary Modernization: courthouse offices

Approximately 40 per cent of all LAO certificate applications are processed through the courthouse offices 19 per cent of clients attended the LAO in the Courthouse site to get a status check › Onsite Status check capabilities reduce delay and help the courts to move matters forward CDLPA Fall Plenary Modernization: courthouse offices

Modernization: family services Expanded family mediation services to provide more options to low-income Ontarians Introduced family summary legal advice over the phone Launched the Family Law Information Program (FLIP) › online family information resource available to all Ontario residents CDLPA Fall Plenary

Increased web resources › In the past year, traffic on the LAO website increased by 15 per cent to over 775,000 visitors Launched LawFacts › new site has been viewed more than 17,000 times since being launched in December 2011 Launched the Family Law Information Program (FLIP) CDLPA Fall Plenary 2012 Modernization: web-based services 17

Introduced professional interpretation and translation services in over 200 languages for community legal clinics Established a $2.25 million Poverty Law Innovation Fund, LAO will help clinics modernize the way they do business and find administrative savings Issued three major discussion papers on clinic law delivery CDLPA Fall Plenary 2012 Modernization: clinic law 18

Modernization: clinic law The case for change Recent reviews of the legal aid system have begun to raise critical and difficult questions about the structure and operation of the clinic law delivery system. ›2008 Trebilcock Report asked: “whether the clinics in fact add up to a coherent structure for the delivery of poverty law services in Ontario.” ›2011 report of the Auditor General of Ontario recommended: the “overall effectiveness of the local clinic structure” should be assessed with a view to “[considering] whether any changes are possible that would help serve more clients using available funding.” CDLPA Fall Plenary

Modernization: Aboriginal services Aboriginal Justice Strategy (AJS) plan › To achieve measurable improvements in services provided to Aboriginal People As of Mar. 1, 2011, only lawyers who meet the Gladue panel standard can acknowledge criminal certificates for Aboriginal clients CDLPA Fall Plenary

To support the AJS, over 200 LAO and clinic staff have received Aboriginal Cultural Competency Training throughout the province Also implemented: › “Why it is important to tell your Lawyer you are Aboriginal” brochures distributed to stakeholders and client service points › Increased capacity and composition of our Aboriginal Issues Advisory Committee › Approval for Gladue extension on all criminal certificates where a client self identifies as Aboriginal CDLPA Fall Plenary Modernization: Aboriginal services

Fostering Partnerships Information-sharing partnership between LAO and the Ministry of Community and Social Services (MCSS) has helped over 27,000 legal aid applicants on social assistance since April 2010 New arrangement has resulted in annual savings of $2 million Earned LAO a Merit Showcase Ontario award and an MCSS Bravo award CDLPA Fall Plenary 2012 Modernization: administration 22

Simplified Financial Eligibility LAO is piloting a simplified financial eligibility test CDLPA Fall Plenary Modernization: administration

Reduced certificate application costs Simplifying the applications together with increased telephone and web-based services has reduced the cost to process an application by 20 per cent CDLPA Fall Plenary Modernization: administration

Modernization: refugee law services LAO’s consultation paper, Meeting the challenges of delivering refugee legal aid, proposes ideas for a new model to provide refugee legal aid services in today’s environment. LAO is conducting consultations with a broad range of organizations, stakeholders, community agencies and individuals in the refugee determination system. › More than 11 in-person and live web-cast sessions across Ontario CDLPA Fall Plenary

Modernization: integrated family law services CDLPA Spring Plenary Clients to have their needs met through a variety of services not previously available. Clients may receive assistance through: › LAO’s family duty counsel program › LAO’s Family Law Service Centres › in-person or over-the-phone summary legal advice › LAO’s certificate program › mediation services › Family Law Information Program (FLIP) 26CDLPA Fall Plenary 2012

Modernization: Family Law Service Centres (FLSCs) FLSCs offer eligible clients a range of legal resources and support for family matters ›help with documents ›referrals to advice counsel ›full representation in family law cases by a staff lawyer ›referral to a private lawyer who does legal aid work, if eligible ›mediation and settlement conferences ›referrals to other social service agencies FLSCs also accept certificate applications for serious domestic violence, child protection, or complex family law cases 27CDLPA Fall Plenary 2012

The centres are staffed by a lawyer manager, staff lawyers, and legal aid workers who are supervised by lawyers. FLSCs are located in Toronto, North York, Newmarket, Brampton, Chatham, and Sarnia. New FLSC opening in Welland 28CDLPA Fall Plenary 2012 Modernization: Family Law Service Centres (FLSCs)

Modernization: mental health strategy LAO is developing a multi-faceted strategy to improve legal aid services for clients with mental health issues. Strategy will build on current initiatives and support these vulnerable individuals in a more efficient, effective, and holistic manner. The board will work in consultation with stakeholders to develop a strategy that improves and adds to LAO’s current client services. CDLPA Fall Plenary

Wireless in the courthouse In October 2012, LAO launched an initiative to assess the benefits of fast, reliable wireless technology in the courthouse. LAO will be conducting a year-long pilot in Brampton and Oshawa courthouses. LAO staff in these courthouses will be provided with a secure wireless network, mini-laptops and tablets. 30CDLPA Fall Plenary 2012

Nov. 26, 2012: new initiatives based on stakeholder feedback on matters related to the tariff The initiatives include: › piloting a tariff pre-authorization in summary conviction trials and Child and Family Services Act (CFSA) status reviews › implementing a case management program and budgets for costly, complex family and criminal law matters (non-Big Case Management) › reviewing how the tariff has evolved in the legal system and how this impacts legal aid clients and service providers CDLPA Fall Plenary Tariff

Consultations: requests for 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 CDLPA Fall Plenary

Discretion Guidelines Discretion is a compensation tool that allows LAO to approve, under exceptional circumstances, lawyers’ written requests for additional compensation above the hourly tariff rate. Lawyers who represent vulnerable clients, manage complex cases, or achieve extraordinary outcomes can apply. CDLPA Fall Plenary

May 2012: LAO consulted with more than 300 criminal, family and refugee lawyers across Ontario on proposed discretion guidelines August 2012: revised guidelines released Approved guidelines take effect Nov. 26, 2012 CDLPA Fall Plenary Consultations: requests for discretion

Demographic profile of existing LAO clients Summary of 619,157 client records: › 62 per cent of certificate clients are men › 53 per cent of certificate clients are in single person family › Certificate clients are very poor › Certificate clients are typically young CDLPA Fall Plenary

Lawyers annual billings Billing rangeNumber of lawyers Percentage of all Lawyer who billed LAO < $50, % $50,000 < $100, % $100,000 < $150, % $150,000 < $200, % $200,000 < $250, % $250,000 < $300, % < $300, % CDLPA Fall Plenary

LAO panel lawyers As of July 2012, there were 4,468 lawyers throughout Ontario registered on one or more LAO panels Panel by area of lawNumber of lawyers on panel Criminal2839 Family2243 CFSA1333 Refugee /immigration712 Consent and Capacity301 Extremely Serious matters798 Complex Case97 37CDLPA Fall Plenary 2012

Tariff rates Revised tariff rates Effective Feb 1, 2010 Year 1 Apr 1, 2010 Year 1 Apr 1, 2011 Year 2 Apr 1, 2012 Year 3 Apr 1, 2013 Year 4 Apr 1, 2014 Year 5 Apr 1, 2015 Year 6 Lawyer rate Tier 1 $81.44$85.51$89.79$94.28$98.99$103.94$ Lawyer rate Tier 2 $91.62$96.20$101.01$106.07$111.37$116.94$ Lawyer rate Tier 3 $101.81$106.90$112.24$117.85$123.75$129.94$ Complex Criminal Case rate $120.02$124.82$129.81$135.00$141.75$148.84$ CDLPA Fall Plenary 2012

LAO’s 60 day commitment to lawyers Over 90 per cent of lawyers’ accounts are now consistently processed within 60 days › As of Aug. 24, 2012, LAO’s inventory included 3,707 accounts with 298 accounts beyond the 60 day limit › 618 of the accounts are late billed › In February 2012, LAO modified the lawyers’ billing portal to improve the account-processing time › Approximately 80 per cent of criminal certificates are billed as block fee accounts, which are usually matched and paid within 23 days 39CDLPA Fall Plenary 2012

13 per cent reduction in non-dispositive services provided by DC since 2009 Number of adjournments previously provided by DC have decreased by 11,287 or 7 per cent on a year-to-date basis. CDLPA Fall Plenary Duty Counsel dispositive services Duty Counsel Non-Dispositive Services Trend line Fiscal Year Comparisons – September YTD

Legal aid certificates In 2011/12, LAO issued 105,547 certificates, an increase of 5.1 per cent over the previous year Percentage of decisions made the same day for applications received increased by 1.4 per cent in this fiscal year’s Q1 compared to last year’s › 89.5 per cent to 90.9 per cent. In Q1 2012/13 LAO issued 13 per cent fewer than in Q1 2011/12 CDLPA Fall Plenary

Year-to-date November 20, 2012 certificate issued vs. estimated demand table. REGULAR CERTIFICATES Legal Aid CertificatesVariance RegionIssuedEst. Demand#% GTA 18,831 20,5451,7148% South West 16,794 19,0042,21012% Central and Eastern 13,483 14,4871,0047% North 5,983 6, % PROVINCE55,09160,2325,1419% Legal aid certificates 42CDLPA Fall Plenary 2012

43 Legal aid certificates

CDLPA Fall Plenary % Change from last year Criminal65,78464,33568,45363,50158,67065, %* Family26,54025,59930,10727,48824,61421, %** Immigration & Refugee11,06011,40112,70612,90412,45313, % Other Civil5,8075,9645,9035,4174,6504, % Total Certificates Issued109,191107,299117,169109,310100,387105, % * The increase in criminal certificates includes new block fee certificates which under the old rules would have been treated as an amendment to an existing certificate, not a new certificate. ** Decrease in family certificates issued is the result of LAO’s continuum of service initiative which provides clients with a access to a variety of services to better address their legal matter. Certificates issued: comparison to prior years: Legal aid certificates

QUESTIONS? CDLPA Fall Plenary