Saskatchewan legal aid access faces systemic failures, experts say

Saskatchewan's legal aid organizations are sounding the alarm over systemic failures in accessing affordable legal assistance, describing a widening chasm between available services and what individuals can afford.

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It’s a canyon now between the services that exist in Saskatchewan and who can afford to retain a private lawyer.

Chantelle Johnson, executive director of Community Legal Assistance Services for Saskatoon Inner City (CLASSIC), stated, "It’s a canyon now between the services that exist in Saskatchewan and who can afford to retain a private lawyer." This situation is exacerbated by Saskatchewan's crime rates, which Statistics Canada reports as nearly double the national average, and a climbing cost of living that strains support services.

Johnson noted that the demand for legal aid extends beyond criminal law, encompassing issues like income assistance, refugee law, and housing law. "The number one thing most people want is representation," she said. CLASSIC alone handled nearly 18,000 new files last year, breaking its own record. Much of this work now involves appeals and judicial reviews of administrative decisions, as Johnson observes a "denigration of the application of the rules of procedural fairness, the application of the rule of law, and that’s by government decision makers."

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The number one thing most people want is representation.

Grace Gardner, a legal counsel with the John Howard Society, echoed these concerns, highlighting systemic barriers and communication breakdowns that cause delays and lead to missed deadlines. She estimates that her organization's two lawyers handle approximately 2,000 inmates across the province, covering 80 percent of correctional facility cases. Gardner emphasized the dire consequences for those denied access to legal services, stating, "Everybody, regardless of their circumstances, regardless of the situation they’re in, deserves certain rights under the Charter."

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In my 14 years at CLASSIC, what we really observed is a denigration of the application of the rules of procedural fairness, the application of the rule of law, and that’s by government decision makers. And that’s the basic tenet of a democracy and a functional society.

Gardner also pointed to literacy barriers among inmates, which further complicate access to legal resources, even when they are technically available. The strain on the system means that individuals are increasingly "slipping through the cracks," potentially being denied fundamental rights due to the inability to secure legal representation.

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There’ve been certain times where I’ve gotten calls or I’ve been left voicemails and the matter they needed help with, it was a tight deadline, and then we miss it and just because of the process it takes to get in touch with them, so it does feel like there’s people slipping through the cracks.