By Neil Armstrong
The African Canadian Legal
Clinic (ACLC) is fighting back against what it describes as an attack by Legal
Aid Ontario (LAO), one of its major funders.
LAO
is an independent but publicly funded and publicly accountable non-profit
corporation established to administer the province's legal aid program.
On
Aug. 16, David Field, its president and CEO, said the clinic committee of LAO’s board
of directors “has decided, under its dispute resolution process, to withdraw
LAO’s funding of the African Canadian Legal Clinic (ACLC) effective
September 30, 2017. Every dollar of funding currently provided to ACLC
will be redirected to a new organization to provide dedicated services to the Black
community.”
“LAO’s priority is addressing
the legal needs of a very vulnerable segment of our population—members of Black
communities who need our help. We have work to do to meet those needs. LAO is
committed to doing that work through hearing directly from members of the Black
community, working with an advisory committee comprised of community leaders
and investing additional funding to improve access to justice for members of
the Black community.”
Field said the committee found
that ACLC’s board and management have engaged in financial mismanagement and
that there has been a lack of board oversight.
“Although LAO’s dispute
resolution process is internal, it is clear to me that there is an overriding
public interest in what has occurred. Therefore, in the interest of
transparency, I have directed that the decisions of the clinic committee and
supporting documents be posted on LAO’s website,” he said.
The 103-page final clinic
committee decision, dated Aug. 16, 2017, noted that LAO staff first became
aware of concerns with respect to the financial management and governance
practices at the ACLC in 2009.
But Margaret Parsons, executive
director of the ACLC, says the targeting of the legal clinic by LAO is not
based on the fiduciary mismanagement of public funds.
She said LAO has selectively
focused on three main allegations: a ring charged to the clinic’s credit card,
$39,000 from LAO funds paid for taxis, and the payment of what it calls staff
overtime bonuses of $121,000 or $150,000.
At a community meeting held at
City Hall on Aug. 24, Parsons provided a receipt of $780, dated July 20, 2012,
as evidence that the money charged to the credit card was reimbursed.
She said it was not true that
LAO funds were used to pay $39,000 for taxis.
“The maximum annual amount paid
by LAO funds for taxis is approximately $3,000 for 7 staff. This is much
cheaper than paying mileage and parking,” noted a handout given to everyone
attending the meeting.
Parsons also refuted LAO’s claim
that ACLC staff received “overtime bonuses” of $121,000 or $150,000.
“Payment to staff for overtime
hours worked is not a bonus. No employee, in particular, the executive
director, has ever in the history of the ACLC received a “bonus.” The board
authorized these stipends to staff for overtime work. Why does LAO think that
Black lawyers should not be paid for the long hours they work?”
Parsons said it has been a
difficult and trying time, a 23-year battle with LAO. She noted that this
particular issue started on Sept. 7, 2009 and that it has been ongoing and
relentless.
However, she said the outpouring
of support, love and encouragement from the community has sustained her and the
board of directors.
“Tonight, we want to get our
story out, we want to get the truth out, we want to be held accountable by our
community. We want to be accountable to our community, we want you to ask the
tough questions because we have nothing to hide,” said Parsons to a full
committee room.
“This controversy, at its
essence, is an accusation of financial mismanagement leveled against the ACLC,”
said Parsons.
She said Legal Aid Ontario
issued 8 conditions, some of which had several elements, which it required the
ACLC to comply with. There were 26 elements in total.
“However, only 2 of the 8
conditions are related to financial matters. All 8 conditions have been met.
Not withstanding compliance, LAO is still moving to suspend the funding of the
ACLC,” noted the clinic.
ACLC says the extensive scrutiny
and longstanding public battle that has existed since the inception of the
organization in 1994 has remained unresolved.
“It has now evolved to a place
where LAO has decided to suspend funding. This decision will severely affect
poor, vulnerable, and marginalized African Canadians who are directly served by
the clinic while also adversely impacting on the lives and reputations of the
dedicated staff and volunteers at the ACLC.”
But in his statement, Field said
the LAO will ensure that there will be no interruption or delay to legal
services to Black Ontarians.
“LAO will immediately begin
working with members of the community to establish a new community-based
organization to deliver legal aid services to Ontario’s Black community. In the
meantime, LAO will provide legal services through the Human Rights Legal
Support Centre, members of the private bar, and LAO’s Test Case Program,” he
said.
In its plan to take action
against LAO’s decision, ACLC wants supporters to phone and email Premier
Kathleen Wynne and Attorney General Yasir Naqvi urging them to overturn the
decision.
Those in attendance were also
encouraged to call their MPPs to express their concern about LAO’s decision to
cut funding to the ACLC.
“The ACLC is a vital part of the
Black Community’s fight against anti-Black racism,” notes the post card
campaign addressed to the premier and the attorney general.
There is also an online petition
at www.blacklawyersmatter.ca, and a social media campaign at #ACLC, #Black Lawyers
Matter, and #Call a Spade a Spade.
“We are calling for Premier
Kathleen Wynne and Attorney General, Yasir Naqvi, to conduct a thorough and
independent investigation of LAO’s biased, unjust and racist decision to defund
the ACLC. It is our hope that their findings will exonerate the ACLC,” says the
ACLC in its handout subtitled “Let’s Call a Spade a Spade.”
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