Any talk of tariffs in 2025 inevitability causes a level of concern, frustration, and skepticism. It is undeniable that the tariffs U.S. President Donald Trump has threatened and, in some cases, imposed have caused economic and diplomatic turmoil. When I say new tariffs are good news for access to justice in Nova Scotia, I am not talking about duties imposed on the import of goods. I am referring to Nova Scotia Legal Aid's ('NSLA') new Tariffs, which increased the rates of pay and preparation hours for private bar lawyers representing legal aid clients.
In June 2024, the Province of Nova Scotia enhanced NSLA's Tariffs to encourage private bar lawyers to take on this important work and ultimately improve access to justice. The increased compensation for private lawyers represented the largest single increase to hourly rates for private bar lawyers working for legal aid clients in Nova Scotia Legal Aid's 48-year history.
NSLA has a robust staff lawyer model where legal services are provided by salaried lawyers employed by the Commission. When conflicts of interest arise, such as when there are multiple co-accused or when there is incapacity, NSLA relies on private bar lawyers who are willing to represent qualified applicants. The contracts entered with private bar lawyers to provide legal services are known as Certificates.
In 2023-2024, 216 private bar lawyers handled 3,954 legal aid cases. With population growth, increasing urbanization, and shifts in legal practice, this number has decreased and NSLA continues to need more private bar lawyers who are willing to accept Certificates.
The meaningful enhancements to Nova Scotia Legal Aid's Tariffs were, in part, precipitated by fewer private lawyers being willing to accept legal aid cases, particularly senior lawyers and those practicing family law. There has also been a preponderance of private lawyers who have retired, joined NSLA, the Public Prosecution Service or who have been appointed to the bench. This declining pool of private lawyers willing to accept legal aid cases has exacerbated the access to justice issues faced by Nova Scotians.
When clients with a NSLA Certificate are unable to find a private lawyer in a timely manner, matters are often delayed, creating inefficiencies in the system. When clients with a NSLA Certificate are unable to find a private lawyer locally, they must resort to finding a lawyer in another part of the province who is willing to travel. For instance, Nova Scotians living in Cape Breton or the Annapolis Valley with a NSLA Certificate have often had to retain a Halifax lawyer to represent them.
By taking legal aid cases, private bar lawyers can support access to justice, give back to their community, and gain tremendous litigation experience. Legal aid cases can also be incredibly personally gratifying. There is nothing more compelling and rewarding than helping to reunite a family, assisting an individual regain their liberty, ensuring that a client maintains their residence, or has access to income.
Private bar lawyers working on legal aid cases have access to many of NSLA's in-house services, including legal research, social work expertise, interpretation and translation services, as well as professional development opportunities.
NSLA's Manager of Research Legal Services provides thorough, accurate, and current legal research on issues that arise on Certificate files. They can help identify relevant statutes, regulations, and case law in complex matters, analyze and synthesize their findings, and provide cross-jurisdictional comparisons.
As part of Nova Scotia Legal Aid's commitment to providing culturally proficient services, Certificate clients who identify as African Nova Scotian, Black, or Indigenous can be supported by NSLA's African Nova Scotian social worker or Indigenous social worker. These social workers can make connections with community-based service providers, help facilitate cross-cultural communications and support the well-being of the client through the court process.
NSLA also provides access to Language Line, which provides language interpretation and translation services for spoken, written, and sign language. Language Line provides language interpretation and translation services in over 240 languages. It is available 24/7, 365 days a year, with access to interpreters within seconds of dialling a 1-888 number or launching the app.
Certificate lawyers also have free access to NSLA's in-house professional development, which includes cultural competency training and substantive education in criminal, family, and social justice law. Professional development is provided through ongoing online sessions, a fall Annual Meeting, a spring CFSA Day and a Social Justice Conference.
NSLA continues to improve its Certificate process. Recently, it has implemented Electronic Funds Transfers (EFT) for private lawyers, and other vendors, to significantly decrease the turnaround time for the payment of accounts.
Those who are interested in taking Certificates are encouraged to reach out to the Managing Lawyer of their local Legal Aid Office for a discussion or to ask any questions.