September 8, 2010 Re: Registration form – List of lawyers willing to represent an accused in a long and complex case or to be designated ex officio by a court. Dear colleague, The new Act respecting legal aid and the provision of certain other legal services (R.S.Q., c. A-14) came into force on September 7, 2010. It had been assented to by the Government of Québec on June 4, 2010. The ministerial order and the orders in council to bring the Act and the four regulations into force were enacted on August 12 and 18, 2010. The Act gives the Commission des services juridiques (CSJ) and the community legal centres (CLC) new responsibilities as regards the provision of legal services to accused persons in connection with long and complex criminal or penal proceedings (mega-trials) and in connection with certain proceedings in which a lawyer has been designated as provided for in the Criminal Code. Designation Orders The Criminal Code provides, in section 486.3 (cross-examination of certain witnesses), section 672.24 and subsections 672.5 (8) to (8.2) (mental health), section 684 (Québec Court of Appeal) and section 694.1 (Supreme Court of Canada), that a court or review board may ex officio designate a lawyer to represent an accused. Pursuant to the new provisions (s. 83.1) of the Act, the CSJ must see to it that legal services are offered to persons contemplated in such orders. With respect to section 486.3 Cr.C., the Commission must, as prescribed by section 83.8 of the Act, offer services by alternating between a lawyer in private practice and a lawyer employed by the legal aid network. A division of the new tariff will apply to these types of proceedings. Mega-trials As regards the conduct of mega-trials, the Government of Québec enacted provisions to govern its constitutional obligations, with a view to reducing certain delays and standardizing the fees of lawyers whose clients are eligible for legal aid or benefit from a “Rowbotham”-type court order. The Act makes it possible for a lawyer representing a person eligible for legal aid who has been charged in a long and complex criminal or penal proceeding (a mega-trial) to take advantage of a new tariff better suited to these types of cases. The new tariff also introduces two new concepts, namely, the division of the day into work periods and the creation of a predetermined bank of preparation periods that may be used throughout the proceedings, at the option of the lawyer acting in the case. The time allotted in the bank will be determined on the basis of the time scheduled for the presentation of the prosecution’s evidence. Persons who do not qualify for legal aid will still have to present a “Rowbotham”-type motion to the court seeking recognition of their constitutional right to the services of a lawyer paid for by the State. Once the motion has been granted, the Attorney General will propose to the lawyer representing the accused the application of the adapted tariff, with or without a contribution by the accused. Failing an agreement, the Attorney General, in cooperation with the CSJ, will offer the services provided for in section 83.7 of the Act, namely:
The List Section 83.10 of the Act introduces another important novelty, namely, the creation of a list of lawyers in private practice. The CSJ must draw up and keep up to date a list of lawyers in private practice who have expressed their interest to represent clients in mega-trials or pursuant to a designation order, under conditions to be established. Thus, lawyers in private practice will hold a predominant position in the provision of legal services to accused persons in mega-trials. The CSJ intends to do all it can to ensure that the application of the new provisions of the Act elicits a sufficient interest among a large number of lawyers in private practice so that the list provided for in section 83.10 can become a tool that fosters a satisfactory partnership for the lawyers registered on the list. It is in this context that we would like to know whether you would, if the need arises, be interested in representing one or more accused persons in a criminal or penal mega-trial or whether you would be willing to represent clients pursuant to a designation order. If so, kindly complete the annexed form and return it to us. You can consult the text of the Act respecting legal aid and the provision of certain other legal services as well as the regulations, including the new tariff applicable to Chapter III, on this website. A copy of the registration form and other relevant information are also available on the website. In closing, we would like to emphasize that the CSJ’s objective is to develop the ability to offer services that include lawyers in private practice from all regions of Québec. Achieving this objective would allow a greater number of you to develop a practice in these types of proceedings and, at the same time, to participate in the development of a sound and efficient system for the administration of justice. Should you require any additional information, please do not hesitate to contact the undersigned. Yours truly,
Me Odette Legendre, Director |
