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Court backlogs

Legal Aid program helping people through the court system from afar

Jul 30, 2020 | 2:36 PM

CALGARY – A new Legal Aid initiative in Alberta is making it easier for people to navigate the legal system before their court date and allowing some to take care of their legal business remotely.

The temporary Advance Appearance Duty Counsel program began as a response to the COVID-19 pandemic as a way to keep people out of the courthouse but still keep the wheels of justice moving, says Calgary lawyer Marino Eliopoulos.

From 14 days before a court appearance, people can call a free 1-800 number or email to be connected with duty counsel and get preliminary legal assistance – including advice and information, request of disclosure on their behalf, and connection with legal aid or a lawyer referral service if they’re unrepresented. Legal Aid was previously only available at a case management office in-person on the day of the scheduled appearance, and services are now limited due to the pandemic.

Now duty counsel are able to send email to courts and clerks which actually serve as a first appearance.

Lawyer Marino Eliopoulos says a lot of the clients served by Legal Aid are affected by poverty or are from Indigenous communities, which makes getting to court an issue for them.

“So what this allows us to do for them is speak with them, get their instructions and actually set a subsequent court date that satisfies the court so that they don’t have to attend court, both keeping them from traveling to court and helping to do our part to flatten the COVID curve and also just kind of helping them with whatever issues might be affecting them in their lives.”

Throughout the pandemic, courts were presumptively adjourning matters for 10 and then six weeks in order to keep people out of the courthouse as much as possible.

Eliopoulos says that has created a backlog of files, which the new program should help alleviate. Eventually, in-person appearances will be necessary for most clients.

Legal Aid Alberta has split the province into north and south at Red Deer and has one lawyer staffing the program each day for each zone. People Medicine Hat seeking assistance will speak with a lawyer in Calgary.

For more information on Advance Appearance Duty Counsel, visit albertacourts.ca.