The Canadian Civil Liberties Association on Thursday sued Canada and Manitoba for the province’s “extremely underfunded” criminal legal aid, arguing that the underfunding violates the right to the presumption of innocence, fair trial, and is discriminatory against Indigenous people in effect.
The lawsuit argued that the financial eligibility criteria for criminal legal aid was unduly restrictive. It explained that the current annual gross income threshold does not factor in rising legal costs and living expenses in the province. It also challenged the aid’s narrow scope of compulsory coverage to only indictable offenses under the provincial Legal Aid Regulations. Yet, summary convictions can still result in imprisonment of two years less a day. The group argued that the limited coverage deprives defendants of their ability to mount a complete defence.
Even with an approved legal aid, the amount is insufficient for defendants to retain effective representation in a criminal case, the group asserted. It observed that Manitoba’s criminal legal aid, with the lowest spend per case across Canada, incentivized premature guilty pleas. The lawsuit included a 2021 study, conducted within Ontario. It revealed the common phenomenon of defendants entering false guilty pleas because they had no other realistic alternatives due to a basket of factors, including inadequate legal aid, lengthy pre-trial custody and routine bail denials.
The group also highlighted the disproportionate impact on Indigenous defendants of the underfunding. This is premised on the higher rate of economic disadvantages and overrepresentation in the criminal justice system–effects of widespread systemic discrimination against the Indigenous community.
Howard Sapers, executive director of the association, reiterated that government policies cannot deny Charter rights. Shakir Rahim, co-counsel of the case, added:
Whether you are rich or poor should never determine whether you are found guilty of a crime. Legal Aid is supposed to protect that principle, ensuring that every person receives adequate legal representation. But in Manitoba, like many provinces and territories, provincial and federal government funding for legal aid is woefully insufficient and has been for decades.
The Canadian Charter of Rights and Freedoms does not guarantee an absolute right to state-funded counsel. However, the Supreme Court of Canada has implied such a right, in the context of child custody hearings, from the right to a fair hearing.
In 2022, the federal government published research, revealing that the proportion of convictions without legal representation at final appearance reached 60 percent in four of nine courts. Among the unrepresented defendants, 16 percent received jail sentences. In that same year, the Criminal Lawyers’ Association called on Ontario to increase funding for its legal aid program.
In June, Parliament imposed stricter bail conditions and sentencing guidelines on violent crimes and repeat offenders. Earlier in November 2025, the Society of United Professionals raised concerns about the combined effects on civil liberty violations by prolonged pre-trial custody and underfunded legal aid programs.