Stagnant and underfunded legal aid violates charter, CCLA lawsuit claims
Both levels of government are accused of violating the Charter of Rights and Freedoms for underfunding legal aid in Manitoba, according to a Court of King’s Bench lawsuit.
A Court of King’s Bench lawsuit claims that underfunding of legal aid in Manitoba violates the Charter of Rights and Freedoms. Legal Aid Manitoba provides free or affordable legal services for low-income residents, relying on funding from provincial and federal governments, the Manitoba Law Foundation, and client fees. According to Shakir Rahim, director of the CCLA's criminal justice program, this underfunding has led to wrongful convictions, pressured guilty pleas, and delays in obtaining bail.
The lawsuit alleges that both provincial and federal governments have breached Section 7 (right to life, liberty and security of a person), Section 11 (right to a fair trial), and Section 15 (right to equal protection and benefit under the law) of the Charter. Rahim argues that chronic underfunding of defense leads to an imbalance in judicial resources, incentivizing lawyers to take on more clients and plead cases instead of defending them.
Legal Aid Manitoba's annual budget has remained at $36.6 million since 2023, while the Manitoba Prosecution Service's budget stands at $54 million in 2026. Out of 19,348 criminal legal aid applications in 2023 and 2024, 18% were denied, with 40% rejected for financial eligibility. Peter Kingsley, Legal Aid Manitoba's executive director, only learned of the lawsuit through media reports and has not yet reviewed the evidence.
The Justice Minister Matt Wiebe acknowledged the importance of a strong justice system but declined to comment on the funding or the case. The lawsuit is set to be reviewed in court in September.
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