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FOR IMMEDIATE RELEASE
August 7, 2001

OTTAWA - "Wayne" is a New Brunswick Aboriginal who, along with three friends from his reservation, went out one day to set some lobster traps. A frustrating series of events ensued.

Wayne and his friends were charged for fishing violations under the federal Fisheries Act, charges that carried fines of up to $200. They objected, arguing that their treaty rights allowed them to set these traps. They couldn't afford a lawyer, so they asked for one to be appointed.

The problem is that bringing this defence before the court would cost about $50,000 - not unusual for litigation in the courts, but that amount constituted 25% of New Brunswick's legal aid budget. Nonetheless, a judge ordered that a lawyer be appointed to represent them. The Crown said the judge erred and that the charges weren't serious enough to warrant this kind of expenditure. The Crown appealed the decision to appoint a lawyer.

Wayne and his friends now find themselves in New Brunswick's superior trial court without a lawyer. The case they're showing up to defend has nothing to do with the Fisheries Act.

Wayne's is the latest "horror story" selected by the Legal Aid Watch. The CBA continues to report these stories in an effort to reform legal aid funding. "Of all our legal aid horror stories so far, this is the most frustrating," says CBA President Daphne Dumont, Q.C., of Charlottetown, who has made legal aid the priority of her presidential year. "The defendants in this case are being taken on a ride that has nothing to do with their case."

The CBA's Legal Aid Watch, launched in August 2000, is a grassroots network of lawyers across the country concerned about the state of legal aid funding and its impact on Canadians. They monitor the administration of legal aid and file e-mail reports to the CBA, which in turn circulates these stories to media and legislators at both the provincial and federal level. Past horror stories can be accessed through the CBA website, www.cba.org.

The full text of "Wayne's" story is attached.

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CONTACT: Hannah Bernstein, Canadian Bar Association, 500 - 865 Carling Ave. , Ottawa, ON, K1S 5S8; Tel.: (613) 237-2925; E-mail: hannahb@cba.org