40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais : 1-800-668-8258 Phone / Téléphone : 416-204-7110 Fax / Télécopieur : 416-204-7135 Email / Courriel : wardb@lao.on.ca www.legalaid.on.ca August 26, 2010 Paul Burstein, President Criminal Lawyers Association c/o Burstein Bryant, Barristers The Lumsden Building 6 Adelaide Street East Fifth Floor Toronto, Ontario M5C 1H6 Dear Paul: Re: LAO Block Fee Charge List I am writing to update the Criminal Lawyers Association (CLA) and the criminal bar on LAO s decision regarding the charges within the block fee pilot. In view of our consultations with the CLA on this matter, LAO has decided to remove 18 of the 20 charges that the CLA recommends be excluded from the pilot. LAO has further decided to establish a new, separate block fee for the remaining two charges on the CLA list (assault resist arrest and assault police). The block fee prices for the matters that remain within the pilot will be updated accordingly. The attached backgrounder outlines our approach on this issue in more detail. This decision responds to a key concern raised by the CLA and the bar. I am optimistic that the work of LAO and the CLA on this issue is representative of how our two organizations can work together constructively. Please contact me with any questions or comments. Sincerely, Robert W. Ward President and CEO Legal Aid Ontario
PAGE 2 Block Fee Charge List Backgrounder LAO s block fee pilot began in May 2010 with a list of 53 eligible criminal charges. The block fee charge list quickly became an important issue within the bar, and the CLA raised the issue often in its discussions with LAO. The CLA presented LAO with a list of 20 charges that it recommended be removed from the pilot and returned to the regular criminal tariff. The 20 charges identified by the CLA (the CLA list ) tended to be most complex charges within the pilot and included all of the super-summary matters on LAO s original charge list. LAO and the CLA discussed the CLA list and the practical and financial consequences of removing charges from the pilot. One alternative discussed involved LAO removing 18 of the CLA list charges from the pilot and establishing a new block fee for other two (assault resist arrest and assault police). The charges on the CLA list are typically the most expensive cases within the pilot. As a result, removing some or all of the CLA list charges from the pilot would normally result in lower block fee prices for the charges that remained. This is because the block fee budget must remain cost neutral. Nevertheless, LAO and the CLA discussed options for how LAO could maintain the current block fee prices, notwithstanding the principle of cost neutrality. One option discussed included using funds from the small financial reserve established by LAO to protect LAO against unanticipated cost overruns during the pilot. LAO s Analysis and Decision The Charge List LAO considered the CLA s position on the block fee charge list carefully. LAO was persuaded that removing the most complex cases charges from the pilot made sense. As a result, LAO has decided to remove 18 of the 20 CLA list charges from the pilot. LAO was further persuaded that establishing a second block fee for the last two charges on the CLA list (assault resist arrest and assault police matters) would provide LAO with a better empirical foundation for analyzing the data generated by the pilot. As a result, LAO has decided to establish a new, separate block fee for those charges. The net result of these decisions is that: Eighteen of the 20 charges on CLA-list will be removed from the pilot entirely. Certificates for these charges will be paid according to the regular criminal tariff. LAO will establish a new block fee category for two charges: assault resist arrest and assault police charges. LAO will amend the original block fee category in accordance with these changes.
PAGE 3 The updated list of charges within the pilot is set out at the end of this backgrounder, as are the charges that will revert to the regular criminal tariff. Block Fee Prices LAO has concluded that it would be financially imprudent to draw down the block fee financial reserve so early into the pilot. This decision was taken to ensure the block fee program is financially stable and has a sufficient financial cushion to mitigate the risk of unforeseen cost overruns. Both of these considerations were crucial to LAO s analysis, particularly in light of LAO s current financial situation. Accordingly, LAO has recalculated the block fees paid for pleas and stays/withdrawals for the charges that remain on the amended charge list. The result is a slight decrease in the block fees paid for those matters. LAO has also recalculated the block fees payable on assault resist arrest and assault police matters in accordance with our financial model. This block fee will be higher than the block fee for matters on the amended charge list because assault resist arrest and assault police matters tend to be more expensive. LAO will provide the CLA with a more detailed financial analysis of how it calculated the price of these matters a separate document. Finally, be advised that LAO will update and recalculate all block fee prices paid for these matters at the conclusion of the pilot. LAO will consult with the CLA on these and other block fee pricing issues and options, including LAO s financial experience and the transitional reserve. Implementation LAO expects to implement these decisions shortly. The most significant variable affecting the timing of implementation is the need to develop and test amendments to LAO s online billing portal. LAO currently estimates that it will be able to implement these changes by mid-september. LAO will discuss these and other implementation issues with the CLA as they arise over the coming weeks.
LEGAL AID ONTARIO REVISED BLOCK FEE PILOT CHARGES AND FEES (EFFECTIVE DATE SEPTEMBER 20, 2010) Block Fee For Guilty Pleas Block Fee For Stays/Withdrawals NEW block fee paid for ASSAULT RESIST ARREST AND ASSAULT POLICE charges $755 $1,045 REVISED block fee paid for the 25 charges on the AMENDED BLOCK FEE charge list $650 $920 (The amended block fee charge list is attached below.)
List of Charges Eligible for NEW Assault Police/Assault Resist Arrest Block Fee Assault Police Assault Resist Arrest List of Charges on AMENDED Block Fee Charge List Assault Attempt Mischief Attempt Theft Under Attempt To Disarm Peace Officer Breach Of Disposition Breach Of Identification Breach Of Peace Bond Breach Of Probation Breach Of Recognizance Breach Of Undertaking Counsel To Commit Assault Counselling To Breach Recognizance Disarm Peace Officer Fail To Appear Fail To Comply Joyriding Mischief Over Mischief Under Passenger Of Stolen Vehicle Possession Property Obtained By Crime Under $5-000 Possession Stolen Credit Cards Possession Under Take Auto Without Consent Theft Of Credit Cards Theft Under
List of Charges REMOVED from the Block Fee Pilot Assault Bodily Harm Assault With A Weapon Breach of Christopher's Law Breach Of Deportation Order Breach Of Prohibition Order Breach Of Section 46 Family Law Act Restraining Order Breach Of Weapons Prohibition Order Bringing Proceeds Of Crime Into Canada Conspiracy To Commit Breach Of Probation. Conspiracy To Commit Mischief Conspiracy To Commit Theft Under Conspiracy To Possess Stolen Property Under $5-000 Counselling to Commit an Indictable Offence of Theft Under Fail to Report (Christopher Law) Mischief To Data Obliterated Vehicle Identification Number Possession Contrary To Order Section 117. Possession Counterfeit Credit Card Possession Of Credit Card Data Possession Proceeds Of Crime Possession Stolen Plates Public Mischief Theft Of Telecommunications Over $5-000 Theft Of Telecommunications Under $5-000 Unlawfully Causing Bodily Harm