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Lawyers promise to drag Couillard and Moreau to court

Despite their four-month strike in the middle of the winter, lawyers and public notaries (LANEQ) will have to settle for the lowest wage increase in the entire public service. Unable to agree with Quebec, they promise to drag Philippe Couillard and Pierre Moreau before the courts.

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Publication date : 2017-07-13
Lawyers and Notaries of the Québec State: Predictable Failure of Mandatory Mediation

Quebec lawyers and notaries (LANEQ) react to the disclosure of the report resulting from mandatory mediation with the government under the law. The report concludes that mediation has failed. According to LANEQ, this desolate result was predictable, since the law passed by the government to force the return to work of its members did not allow a real negotiation.

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Publication date : 2017-07-13
A case of no respect?

Striking government lawyers in Quebec were forced back to work. Where does that leave them now? ....LANEQ is still hoping for positive outcomes to a legal challenge it launched against the government’s back-to-work law, as well as an action filed with Quebec’s labour relations board, accusing the government of bargaining in bad faith. One positive thing to come out of the strike, says Desroches-Lapointe, is the strong sense of solidarity that was forged among lawyers. 

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Publication date : 2017-07-10
‘Incredibly damning allegation’: Cardinal case ignites feud between prosecutors, justice minister

Alberta's justice minister has been accused of making an "incredibly damning allegation" about discrimination in the Angela Cardinal court case and now finds herself in a pitched battle with the province's Crown prosecutors. In a blistering four-page letter to Kathleen Ganley dated June 6, the president of the Alberta Crown Attorneys' Association defended the actions of the prosecutor who handled the case.

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Publication date : 2017-06-21
Senate committee outlines plan to fight court delays

People accused of serious crimes, including murder, should no longer be set free automatically when a judge finds their right to a timely trial has been violated, a Senate committee has recommended in a wide-ranging plan to fight delay in the criminal-justice system.... Rick Woodburn, president of the Canadian Association of Crown Counsel, said he liked the comprehensiveness and the recommendation to seek alternatives to stays. But he expressed concern that people might be allowed to violate their bail conditions without serious consequences.

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Publication date : 2017-06-14
Supreme Court ruling on trial delays ‘out of step with reality,’ senators say

The Senate committee on legal and constitutional affairs released a report Wednesday that makes 50 recommendations to speed up criminal trials, saying what’s needed is a complete rethink of the Canadian criminal justice system, not drop-dead timelines. Rick Woodburn, president of the Canadian Association of Crown Counsel, said the report isn’t “alarmist” but “realist.”

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Publication date : 2017-06-14


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Federal Crowns to get 15.25% pay boost

05-02-2013
The Association of Justice Counsel has reached a tentative agreement with the Treasury Board of Canada Secretariat that will spike the wages of roughly 2,700 federal Crown counsel by 12 per cent in the same year the Justice Department is looking for millions in savings. ‘This tentative agreement will have a significant impact on all our members,’ says Lisa Blais. Photo: Jean Levac Association president Lisa Blais made the announcement late last month in a letter to members that trumpeted “yet another high watermark” in its rocky road to a collective agreement with the government. The agreement will result in an overall 15.25-per-cent increase in federal Crown counsel wages from May 2011 to May 2014. It includes an anticipated 12-per-cent increase in 2013 alone. The deal also provides for a 1.5-per-cent increase this year on top of a 1.75-per-cent boost last year. If ratified by the association’s members within the next several weeks, the tentative agreement could significantly raise the salaries of federal lawyers from the current average. In 2010, that number was $106,000, according to the association. The agreement also comes at a time when federal budgets are decreasing across the board. Recently, hundreds of Department of Justice employees received notices of upcoming layoffs over the next three years. At the same time, youth justice programs in Canada are on the chopping block following funding cuts of $35.6 million. Despite the cuts, Blais insists the salary increases are necessary for federal Crowns who haven’t seen a significant wage hike in nearly 20 years. “This tentative agreement will have a significant impact on all our members,” says Blais. “It closes what has virtually been a 20-year wage free fall and corrects that inequity. It’s certainly an important and significant occasion in our history amid a particularly difficult climate and, hopefully, it will be ratified by our members.” Members of the association will vote on the tentative agreement over the next few weeks with results expected as early as August. The association reached the tentative agreement with the board on June 25. If ratified, the deal would see pay ranges for federal Crown counsel converted to lockstep pay ranges with fixed steps by May 2013. Lawyers who aren’t at the top of the range will move to the next highest step on the new lockstep pay range as part of the agreement. If members don’t ratify the deal, the parties will set new arbitration dates. The agreement follows a constitutional challenge of the wage-restraint provisions of the Expenditure Restraint Act launched by the association in 2010 related to the 2006-07 fiscal year. The Superior Court of Justice ruled last year that the act was unconstitutional on the basis that it violated federal lawyers’ and prosecutors’ right to bargain collectively. The federal government introduced the act during the worldwide economic collapse in 2009. It capped increases for federal workers at roughly nine per cent over five years from 2006. That was the same year the association became the federal lawyers’ union. At that time, federal Crown counsel earned slightly more than $100,000 a year, an amount significantly less than what other lawyers make in both the private sector and at the provincial Ministry of the Attorney General. In the meantime, the association has filed a cross appeal to declare the entire act unconstitutional following an appeal of the Superior Court’s decision by the attorney general last year. The Court of Appeal is also considering an appeal by the attorney general over a decision awarding costs of $135,000 to the association in relation to the initial constitutional challenge. However, Blais notes the new agreement is a separate matter from the constitutional challenge. She says the constitutional matters address the issue of establishing an appropriate base rate of pay for 2006 while the tentative agreement addresses the three-year period beginning in May 2011. “It certainly is an unusual dynamic, but we felt we had to move forward and think about what we could do for our members in the present,” says Blais. “Any mechanism that gets us closer to closing that gap has to be dealt with. Right now, we’re focused on moving forward.” In its submission to the arbitration board in May as part of its ongoing bargaining with the association, the Treasury Board hinted that the funds for the wage increase would likely be hard to come by. “At the federal government level, expected deficits from 2008-09 to 2014-15 will reach a cumulative $152 billion and the federal debt will climb to almost $614 billion,” the board’s submission noted. “This means the government has limited fiscal flexibility in which to address emerging concerns and priorities during these uncertain times, including collective bargaining demands.” But the government is now touting the tentative agreement as a win for all sides. “This agreement is a win for employees and for Canadian taxpayers,” said Treasury Board spokeswoman Theresa Knowles. “With this agreement, the government is confident it will be able to attract and retain quality prosecutors and other lawyers while at the same time ensuring value for taxpayers. The key components of this agreement are the elimination of accumulated overtime, the elimination of compensation for travelling time, the elimination of voluntary severance — which to date has been eliminated for 230,000 unionized and non-unionized federal government employees — and a total cumulative increase of 15.25 per cent over a three-year contract that will expire on May 9, 2014.” Knowles said the overall increase will involve a two-per-cent boost in May 2013 with an additional 10 per cent for restructuring and adjustment due to market pressures. As for where the money will come from, she said departments have to fund wage increases from their existing budgets.