This page provides an overview of Legal Aid Alberta (LAA), a complex organization deeply integrated with the
justice system that has hundreds of thousands of touchpoints with Albertans annually. It will discuss LAA’s
structure, service delivery model and operational impact while also presenting comparisons with other legal aid organizations across Canada.
It highlights how LAA’s hybrid service delivery model is uniquely positioned to address the legal needs of Albertans, manage budgetary constraints and respond to external cost drivers. Additionally, it outlines LAA’s mission, strategy, governance and commitment to improving access to justice.
Legal Aid Alberta (LAA) plays a critical role in safeguarding the legal rights of Albertans, especially disadvantaged
populations, while ensuring the efficient functioning of the justice system. LAA has hundreds of thousands of
interactions with Alberta clients each year, some brief that last a day, some ongoing for several years.
This work shapes the complexity of legal aid operations that go far beyond a legal service transaction with each client and include a large call centre, provincial scheduling systems for every Alberta court, internal appeal, compliance and payment programs, and a myriad of back office support functions.
LAA delivers criminal, family, immigration and duty counsel legal services through a hybrid roster and staff lawyers
model.
LAA’s primary cost drivers are driven by three main factors over which LAA has little influence: the number of
Albertans served, the services provided to Albertans and the fees paid to serve Albertans. These are all public
policy decisions and have increased significantly since 2015 to improve access to justice in Alberta.
Inflation, migration to Alberta and general economic conditions also impact LAA costs from year to year. Lesser-known impacts on LAA costs include justice system stakeholder processes that could be evaluated to reduce LAA costs. However, LAA does engage in innovative programs to maximize value, efficiencies and client service within spheres we do control.
LAA is – and must be – operationally independent from the executive branch of government to ensure fairness for
Albertans and for justice to be seen to be done. LAA is also accountable to the government in a variety of ways:
Oversight is exercised in a multi-faceted manner, including those elements listed above, and through a Board of Directors with lawyers, finance professionals and public interest members selected with representatives of the Minister. This is similar to most other provincial agencies.
Finally, LAA strives to continually improve efficiency, quality of service and justice for Albertans. In the last several
years, LAA has implemented programs such as duty counsel triage, a family assessment team, Client Gateway,
in-house Brydges, a duty counsel portal, early appearance assistance and many others. These initiatives protect
the rights of Albertans, enhance service to rural Albertans and ensure the government receives value for money.
Established in 1973, Legal Aid Alberta is a publicly funded non-profit legal services provider accountable to the public through the Ministry of Justice and the Law Society of Alberta.
Legal Aid Alberta (LAA) plays a critical role in safeguarding the legal rights of Albertans, especially disadvantaged populations, while ensuring the efficient functioning of the justice system.
LAA provides affordable legal representation to low-income Albertans in adult and youth criminal defence, family law, including child welfare, and immigration. LAA also administers free legal services accessible to all Albertans regardless of income, ensuring their rights are protected. These include:
HISTORY IN BRIEF: Established in 1973, Legal Aid Alberta is a publicly funded non-profit legal services provider accountable to the public through the Ministry of Justice and the Law Society of Alberta.
LAA is incorporated under the Societies Act (Alberta). Its structure and operations are established through the Societies Act and Governance Agreement with the Minister of Justice and the Law Society of Alberta. Some other Canadian jurisdictions have specific legislation that governs the creation and operation of the body that is responsible for providing legal aid services.
IN BRIEF: There are different approaches in other Canadian provinces to the provision of legal aid. Key components of legal aid programs in other provinces are summarized in Appendices 1 and 2 and will be useful in assessing possible opportunities for improvement in Alberta.
The table below sets out the type of legal aid model in all Canadian provinces, referencing governing legislation and website sources for more information.
|
Program Name
|
Model
|
Legislation and regulations
|
Useful sources
|
|---|---|---|---|
|
Legal Aid BC
|
Legislated
Provincial Crown Corporation
|
Legal Services Society Act, SBC 2002, c 30
|
|
|
Legal Aid Alberta
|
Governance Agreement
The Legal Profession Act provides that the Minister, the Law Society, and Legal Aid may enter into an agreement respecting the operation by Legal Aid Alberta of a plan to provide legal aid to persons in need of it in civil matters or criminal matters or both. |
Legal Profession Act, RSA 2000, c L-8
Governance Agreement |
https://www.canlii.org/en/ab
/laws/stat/rsa-2000-c-l-8/latest/rsa-2000-c-l-8.html https://www.legalaid.ab.ca/ wp/content/uploads/2024/ 09/Legal-Aid-Governance-Agreement-2024-2029.pdf |
|
Legal Aid Saskatchewan
|
Legislated
Described as a body corporate and Crown agency. Governed by the Saskatchewan Legal Aid Commission. |
Legal Aid Act, SS 1983, c L-9.1
The Legal Aid Regulations, 1995, RRS c L-9.1 Reg 2 |
https://legalaid.sk.ca/about/
overview/
https://legalaid.sk.ca/wp-content/uploads/2024/01/ 2024_01_19-REVISED-2022-2023-Annual-Report.pdf |
|
Legal Aid Manitoba
|
Legislated
Provincial Crown Corporation operates at arm's length from the government. |
Legal Aid Manitoba Act, C.C.S.M.
c.L105
Legal Aid Regulation, Man Reg 22/91 |
https://www.legalaid.mb.ca/
lam/governance/
https://www.legalaid.mb.ca/ wp-content/WordPress/PDF/ Corporate_Directors_Manual |
|
Legal Aid Ontario
|
Legislated
|
Legal Aid Services Act, 2020, SO
2020, C 11, Sch 15
|
https://www.legalaid.on.ca/
more/corporate/about-lao-landing-page/ https://www.legalaid.on.ca/ lasa2020/lasa- 2020-rules-and-policies/ |
|
Commission des services
juridiques (Quebec)
|
Legislated
|
Act respecting legal aid and the
provincial of certain other legal
services, CQLR c A-14
12 in foce regulations; most are
related to tariffs or feees rendered
under the act
|
|
|
New Brunswick Legal Aid Services Commission (NBLASC)
|
Legislated
The Commission operates under the framework of the Legal Aid Act and regulations. Legislation describes the commission as a body corporate. NBLASC is a Part IV Crown Corporation |
Legal Aid Act, RSBN 2014, c 26 General, NB Reg 2017-12
|
https://www.legalaid-aidejuridique-nb.ca/about-us/governance/
https://www.legalaid-aidejuridique-nb.ca/wp-content/uploads/2019/10/ NBLASC-ANNUAL-REPORT-2012-2013_FINAL.pdf |
|
Nova Scotia Legal Aid Commission
(NSLA)
|
Legislated
The Legal Aid Act governs the circumstances and conditions under which Legal Aid will be granted. The Act also created the Commission and made it responsible for all matters relating to legal aid in Nova Scotia. |
Legal Aid Act, RSNS 1989, c 252
Legal Aid General Regulations and Tariff of Fees, NS Reg 77/77
|
https://www.nslegalaid.ca/
about-us/
https://www.nslegalaid.ca/ wp-content/uploads/2001/01/ History-of-Legal-Aid-Updated-November-2017.pdf |
|
Prince Edward Island Legal Aid
|
Legal Aid Act, RSNL 1990, c L-11 Legal Aid Regulations, CNLR 1010/96
|
||
|
Legal Aid NL
(Newfoundland and Labrador)
|
Legislated
The Legal Aid Commission operates under the Legal Aid Act |
Legal Aid Act, RSNL 1990, c L-11 Legal Aid Regulations, CNLR 1010/96
|
https://www.legalaid.nl.ca/
about/
https://www.exec-abc.gov.nl.ca/public/agency/ detail/?id=673& https://www.gov.nl.ca/jps/ files/Legal-AidAnnualReport2020-21.pdf |
Source: Field Law
Related links
1. Legal Aid cross-jurisdictional research (PDF)
2. Legal Aid services comparison (PDF)
Note: Cross-jurisdictional research summarizes the key components of each provincial model, including structure, governance, funding, government reporting, services provided and delivery model, among others. The components listed are components of the current Governance Agreement and will be useful in assessing whether there are opportunities for improvement in the provision of legal aid in Alberta.
Based on client needs and justice system imperatives, the hybrid staff and roster lawyer model has been designed to maximize the efficient delivery of legal services, control costs and ensure quality access to justice for Albertans. There are significant benefits to having both staff and roster legal services available.
For example, in-house lawyers are utilized as part of the intake process to assess and match Albertans with the best LAA service while gatekeeping unnecessary certificate costs that would fall outside of LAA’s mandated services and eligibility levels.
The hybrid model allows flexibility and potential cost containment. Whether roster or staff lawyers are used in a hybrid model depends on several factors, including which lawyer could deliver the service most efficiently to a particular client or client matter, particularly when there is no choice of counsel or choice of counsel is not a realistic option.
IN BRIEF: The hybrid staff-roster model allows the most flexibility and potential cost containment. Complex clients that require significant attention are best served by salaried lawyers. Roster lawyers are best suited to larger volumes of lower-level criminal matters.
Additionally, complex clients that require significant attention may be better served in some cases by salaried lawyers and not by roster lawyers, who would require additional hours to complete the matter. Additionally, duty counsel services are best handled by staff lawyers as that allows consistency in each courtroom that greatly facilitates the working relationship among the justices, clerks and crowns in the courtroom.
In contrast, roster lawyers are often best suited to handle larger volumes of lower-level criminal matters, as they can work many more hours in a work week (with their team of assistants) without incurring overtime costs.
Roster lawyers also provide high levels of expertise in particular areas of law and provide clients with competent trial and appellate counsel.
At the front end, prior to certificate issuance, criminal Duty Counsel Triage program and the Family Assessment Team of LAA staff lawyers review matters to determine whether service eligibility for full representation certificates is established (i.e., merit).
For example, the Duty Counsel Triage program is focused on resolving low-level criminal charges at the docket stage by staff duty counsel, thereby saving clients and LAA from unnecessary certificate costs. It resolves ~15 per cent of matters.
On the family side, LAA’s Family Assessment Team, through its processes, typically finds that ~35 per cent of family coverage applications do not have sufficient merit, and a certificate is not issued.
Even after a certificate is issued, in-house staff counsel continue to provide oversight to ensure that hours are efficiently used, and costs incurred comply with the tariffs. Staff lawyers are also essential when there is no realistic choice of counsel for clients with specialized needs or in remote geographic locations.
Funding for legal aid comes from the following sources: the Government of Alberta, the federal government, the Alberta Law Foundation and client contributions. The majority of our revenue comes from the Government of Alberta at $106 million for fiscal year 2024. The federal portion was approximately $27 million and is paid directly to the Government of Alberta through access to justice services agreements.
In addition to government funding for fiscal year 2024, the Alberta Law Foundation funding was $22.6 million which is legislated to contribute 25 per cent of the interest that it earns from lawyers’ pooled trust accounts to funding of the legal aid plan. This funding has varied over the last few years due to interest rates and economic activity from a low of $2.7 million in fiscal year 2023 to a high of $22.6 million in 2024. This 25 per cent amount is low as compared to the more than 50 per cent received by other Canadian legal aid plans that also have similar law foundation funding structures.
Legal Aid Alberta also received $4.7 million from client recoveries in fiscal year 2024 for payment of legal services they have received. Certificates are issued to clients for most legal matters and the client is responsible for paying that legal bill. However, duty counsel and some services surrounding Emergency Protection Orders and therapeutic courts are free to any Albertan.
The current Governance Agreement includes a sustainable funding model whereby the Government of Alberta establishes the legal aid services to be provided at Appendix II of that Agreement and agrees to fund those services. Legal Aid Alberta cannot offer services beyond those listed and must pay tariff fees and admit individuals into the program in accordance with government policy. The Governance Agreement also provides for a contingent reserve of 15 per cent of the total budget to address amounts that exceed budgeted forecasts.
For further information on LAA finances, please see the Legal Aid Financial Primer.
Most of Legal Aid Alberta’s costs are primarily driven by external factors beyond the organization’s control. However, LAA does engage in innovative programs to maximize value, efficiencies and client service within spheres we do control.
Government of Alberta policy decisions and the Ministry of Justice determine how many Albertans LAA serves, the services provided and what is required to pay for those services.
How many Albertans does LAA serve?
The Ministry of Justice determines who qualifies for assistance through the Financial Eligibility Guidelines (FEG) outlined in Sections 15.4/5 of the Governance Agreement, which determines the number of Albertans served every year.
What services does LAA provide?
The Ministry of Justice determines the Legal Aid Services to be provided and establishes the corresponding appropriate funding levels for those services, as outlined in the governance agreement preamble. These services are outlined in Appendix II of the Governance Agreement. Changes to eligible services, such as the additions of Justice of the Peace Bail services and expanding specialty courts, affect costs. There are 21 specialty courts operating today.
What does LAA pay to serve Albertans?
The Ministry of Justice sets the hourly tariff rate paid to roster lawyers as outlined in Section 15.3 of the Governance Agreement with roster certificate costs representing LAA’s most significant expense. Certificates may take five years to complete, sometimes longer. Changes in tariff rates impact the budget over time as certificates are initiated and completed at a higher tariff rate.
The volume of individuals seeking legal support in any given year varies and is largely influenced by societal and macroeconomic factors, and immigration rates to the province. For example, when the economy is in a downturn or recession, the number of individuals applying for legal aid increases as individuals lose their jobs and qualify financially. Family stresses increase, leading to family breakdown.
External impacts on the number of clients LAA serves
More individuals may encounter the justice system through substance abuse or family violence as economic conditions worsen. In addition, when immigration rates to the province increase, a proportion of those additional individuals will qualify for legal aid services.
Rising inflation
Inflation impacts the general cost of operations, including salary adjustments, as it does for any organization.
IN BRIEF: Rising costs incurred by Legal Aid Alberta are primarily driven by external factors, including decisions made by the Ministry. LAA has limited control over key factors such as the number of individuals seeking assistance, eligible services and eligibility criteria, or the duration of a client’s involvement with LAA.
Payments to roster lawyers represent LAA’s most significant expense. Costs are paid mainly through block tariff fees. Block tariff fees are based on a reasonable time to complete steps in a legal matter, approved by the Minister, as outlined in Sections 15.3 of the Governance Agreement, and are paid to lawyers as they are billed to LAA in an interim or final form. A portion of LAA costs is paid to roster lawyers hourly, and an LAA assessment team controls the number of hours approved for a legal matter.
Operational costs include salaries, collective agreement commitments, leases, and IT systems and equipment.
LAA’s expenses have risen from approximately $72 million in 2014 to over $138 million in 2024 due to improvements made to access to justice in Alberta. These include increasing the number of Albertans qualifying for service and higher fees paid to attract and retain roster lawyers, which were accomplished through Government of Alberta policy changes. In addition, inflation and migration into the province have also driven LAA costs higher. The important Government of Alberta decision to add Justice of the Peace bail services to LAA in 2019, which now result in around 32,000 bail hearings annually, was an additional service offered to Albertans.
Internally, we continue to implement cost-saving measures. Examples include duty counsel triage programs, family assessment programs and technology upgrades to improve efficiency.
Many practices by justice system stakeholders drive LAA representation costs. A thoughtful review and potential shifts in those practices would have a material, positive impact on LAA’s finances.
Alberta Justice Summit
The Alberta Justice Summit was held annually pre-COVID, where justice system decision-makers from around the province gathered in person to represent all stakeholders. External cost drivers were discussed at the forum, and some steps were announced (such as the pilot for pre-charge screening).
The Justice Summit was productive and an effective use of time; however, it has not been held since the pandemic. Revitalizing the Justice Summit would allow these issues to be discussed in person. The table below shows justice system stakeholder practices and potential changes that would positively impact LAA.
Established in 1973, Legal Aid Alberta is a publicly funded non-profit legal services provider accountable to the public through the Ministry of Justice and the Law Society of Alberta. LAA provides affordable representation to low-income people on criminal, family, and immigration cases and some free legal services to all Albertans that ensure people’s rights and safety are protected.
Mission: We resolve legal problems for disadvantaged Albertans and, in doing so, protect the rule of law for the benefit of everyone.
Vision: An Alberta where everyone is able to understand and protect their rights.
Legal Aid Alberta’s 2023-26 Strategic Plan lays out clearly defined goals and action plans to reach organizational strategic priorities. Under three themes — Quality, Access and Accountability — LAA commits to ensuring our clients are served by highly effective lawyers, creating a highly accessible justice system that makes it easier for Albertans to apply for services.
Many Albertans rely on Legal Aid Alberta to navigate the justice system. LAA clients typically have little to no income, some working paycheque to paycheque. They include youths and adults facing criminal charges, individuals – including children– experiencing family violence or breakdown, and refugees.
While every person’s situation is unique, many clients we work with are extremely overwhelmed and confused by the legal process.
In addition to their limited financial resources, many LAA clients face challenging personal circumstances and situations.
Legal Aid Alberta is governed and guided by a board of directors. The board provides oversight of operations and works with the administration to set strategic and business objectives.
As outlined in the Governance Agreement, the LAA Board can consist of up to 11 members, including at least four members of the Law Society and three public directors, all selected in tandem with the Ministry of Justice.
LAA’s executive team is responsible for strategic and business planning and ensuring that LAA delivers crucial legal services to Albertans while operating within the Governance Agreement.
LAA’s operations and service delivery systems are complex, given the number of services we offer and the number of Albertans we serve. For example, we have multiple application pathways, ranging from a toll-free number to online support through the Client Gateway through duty counsel and partnerships with support organizations.
LAA has a centralized call centre that takes up to 80,000 calls per year from clients and lawyers, centralized scheduling for daily duty counsel assistance for all provincial docket courts, appeal processes for those denied service or other complaints, payment and compliance functions, and so forth.
To support these core operations, we have small teams in finance, IT, human resources, labour relations and facilities.
The complexity of the work is shaped by the volume of certificates issued and the unique demands of courts across the province, as well as by providing duty counsel services to self-represented individuals in docket courts.
The LAA operational chart below shows the processes required to deliver on LAA’s mandate. This is, in essence, the engine of LAA. A different structure for the delivery of legal aid services would have to accommodate these or similar processes in order to deliver mandated services.
The operational chart illustrates our complex organizational structure, essential for delivering end-to-end support to clients throughout their legal journey. Behind the scenes, numerous interconnected teams work together to ensure efficient, high-quality service delivery. Meanwhile, the second infographic below (“Client journey”) visualizes the client’s experience, showing how we simplify the process. While the intricacies of our operations are vital to maintaining high-quality service, our clients are shielded from this complexity, experiencing a straightforward, accessible system designed to meet their needs.
The first infographic above illustrates our complex organizational structure, essential for delivering end-to-end support to clients throughout their legal journey. Behind the scenes, numerous interconnected teams work together to ensure efficient, high-quality service delivery. Meanwhile, the second infographic below visualizes the client’s experience, showing how we simplify the process. While the intricacies of our operations are vital to maintaining high-quality service, our clients are shielded from this complexity, experiencing a straightforward, accessible system designed to meet their needs.
On the frontlines of the justice system
It is a fundamental principle in the adversarial system that LAA be institutionally and operationally independent from the executive branch of government to ensure fairness for Albertans and protect Charter rights.
However, LAA remains accountable to the Minister for public funds that provide access to justice in a number of ways that mirror the obligations of other public agencies:
1. Provision of Information to the Minister
The Minister may request (and LAA shall provide) a wide range of financial and other information, including agendas and approved minutes and related decisions of the Board of Directors pursuant to s.18.2 and s.18.3 of the Governance Agreement.
2. Board of Directors
The membership of the Board of Directors is defined in the bylaws of LAA, and those bylaws can not be changed without the consent of the Minister and the Law Society of Alberta. The Board of Directors includes unrelated lawyers, financial experts, and public directors. It oversees LAA operations and helps set the strategic objectives of LAA. The Minister can prevent any individual from joining the Board through the Nominating Committee. Further information on Governance is found below.
3. Annual Report
An Annual Report, including audited financial statements, is provided to the Minister each year pursuant to s.18.2 of the Governance Agreement.
4. Annual Budget and Business Plan
LAA provides the Minister with an Annual Budget (with estimates for years 2 and 3) and 3-year business plan with a high level of detail of costs and estimates pursuant to s. 12.1 of the Governance Agreement. The Minister has the ability to consult with LAA and request revisions before providing approval.
5. Annual External Audit
LAA is subject to an annual external audit by a third party accounting firm that ensures all revenues and expenses are properly reported.
6. Monthly Management Discussion and Analysis (MD&A)
The MD&A is provided to the Ministry every month and provides the Ministry with operational oversight in real time as expenditures and certificate volumes are reported in detail with a discussion of underlying driving factors pursuant to s.18.2 of the Governance Agreement. Pursuant to s. 16.3 of the Governance Agreement, LAA may only use grant funding in accordance with the Governance Agreement. Ministry staff can question or request an explanation for any amount included in the report.
As a registered society incorporated under the Provincial Societies Act, Legal Aid Alberta is independent of the
government but accountable to the Minister of Justice and the Law Society of Alberta.
Organizational independence allows decisions to be made that are, and would be perceived to be, free from conscious or unconscious biases that might otherwise be in play. Accountability to the government – financial accountability and meeting services expectations, for example – does not impinge on organizational independence. Without independence, decisions could be, or could be seen to be, swayed by political pressures. The result would be at least a perception of unfairness and partiality, which could erode public trust and confidence in the system. The essential role of legal aid as a check on state power would be weakened. In sum, without organizational independence, justice may be done, but it may not be seen to be done.
In 2024, the Government of Alberta, Legal Aid Alberta, and the Law Society of Alberta finalized a new long-term
Governance Agreement. The agreement represents a shared understanding of the importance of a high-quality,
independent, sustainable legal aid program. It ensures that Alberta’s legal aid system remains stable and
continues to meet the needs of those who require legal assistance
IN BRIEF: The Government of Alberta oversees Legal Aid Alberta (LAA) in accordance with the Governance Agreement and is responsible for determining LAA services, budget and financial reporting. The government establishes the Financial Eligibility Guidelines and Tariff. Additionally, the government plays a role in selecting board members through the nominating committee and is involved in reviewing and approving LAA's business plan.
The Board of Directors supports Legal Aid Alberta’s goals of governance, providing legal services and expertise and delivering access to justice and fairness for all Albertans.
The Board works with LAA to serve the public good and remain accountable to Albertans. The executive works together with the Board to set LAA’s strategic direction and objectives and the Board oversees operations to ensure LAA meets its strategic and business objectives.
Committees
The Nominating Committee selects LAA board members. The terms of reference for this committee are in Appendix 1 of the Governance Agreement. The Nominating Committee comprises two members from the Minister’s office, two Law Society of Alberta Benchers, and one member of the LAA Board.
The Nominating Committee recommends a slate of directors to the Benchers for appointment and the committee’s decisions must be unanimous, giving both the Law Society of Alberta and/or the members appointed by the Minister a de-facto veto over any candidate.
LAA continuously adapts to the evolving needs of the justice system, driven by both external forces and proactive efforts. From responding swiftly to challenges like the COVID-19 pandemic to implementing changes in line with government decisions, it has ensured that LAA services remain accessible and effective.
When gaps in access to justice arise, LAA acts decisively to support Albertans, leveraging new processes and technologies to improve efficiency and accountability. Below is a list of some of the key measures we’ve implemented that have resulted in significant operational improvements and enhanced service delivery.
