ON LEGAL

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Judge slams Legal Aid for abandoning accused

A Brantford man accused of attempted murder found an unlikely ally in an Ontario Court judge as he was sentenced instead on one count of aggravated assault.

Barry Foster Kelly, 33, admitted to getting into a fight with an acquaintance and stabbing the man repeatedly on Oct. 21, 2021.

The man was treated at a trauma centre for cuts into his chest, including one that was 10-centimetres long and entered his chest cavity.

But Justice Gethin Edward said Kelly ended up being “abused by the criminal justice system” and he laid the blame squarely at the feet of the Legal Aid Ontario.

“Early on, the accused wanted to change lawyers,” said Edward.

“These were serious charges, so it’s not unusual for an accused to realize they need more experienced counsel, yet there was nothing but radio silence to the accused from Legal Aid.”

At one point, the judge said, the case brought Kelly back to court every week for updating. Finally, a Toronto area lawyer, Darren Sederoff, stepped in and made an application to get special funding to handle Kelly’s case.

“Hope is often the only thing that keeps you going in custody, particularly with the conditions at Maplehurst,” said Edward.

“The accused lost that hope due to the way he was treated by Legal Aid and that counts for something, in my view, as far as mitigation.”

The judge added that the delay kept Kelly in pandemic conditions when COVID was more of a concern, time when he was triple-bunked and locked down for months.

Edward said Kelly has no related record, and had waived his right to a trial despite the victim being “currently out of touch with the police” and not ready to testify against him.

There was also no evidence

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March 21, 2023 by LEGAL

Single mothers group challenges BC government stance on legal aid system

VANCOUVER — A three-day hearing has begun in the British Columbia Supreme Court, with a group challenging the provincial government’s stance that it doesn’t have the capacity to take a case regarding legal aid to trial.

The Single Mothers’ Alliance launched the constitutional case five years ago saying eligibility for legal aid does not meet the needs of low-income women, especially those escaping domestic violence.

The alliance is being represented by West Coast Leaf, whose executive director says eligibility requirements are problematic because single mothers must earn about $29,000 for a two-person household to qualify for legal aid.

Raji Mangat says that means many working mothers must represent themselves in what is essentially a “broken” system, leaving some retraumatized because they could be cross-examined by a former partner’s lawyer.

The Attorney General’s Ministry did not immediately respond to a request for comment.

Mangat says women who are working full time and earning minimum wage can end up being treated like they have disposable income to spend on legal fees while having to take time off to be in court.

“When you factor in the fact that we’re talking about cases involving family violence, the stakes are high,” she said.

“The abusive ex is typically somebody who’s not going to be reasonable, so these are not cases that have a prospect of settling out of court,” Mangat said of an “intimidating” process.

“Our Family Law Act has a very robust definition of family violence, and there’s all sorts of things you can do to try to protect yourself. But what is the point of having those laws on the books if literally no one can access them, when you basically have a two-tier system?”

Only the very poor can currently access some

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August 26, 2022 by LEGAL
May 2024
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