CERCs are designed to support cases that can and should be resolved early, but also for better summary advice in cases that should not be resolved through negotiation. Our intake sta? do not screen cases for suitability for disposition before issuing the contract, and you do not have to negotiate a plea. If your review of the case shows there is not a realistic way to resolve the case, your retainer will normally end. Unless the client retains you privately, a CERC contract does not bind you to ongoing services to that client except to pursue resolution.
With the cancellation of out-of-custody duty counsel assignments, CERCs are a key way to provide summary advice and to assist clients. This includes addressing bail conditions that cannot wait until the courts return to more normal operations. The rules for bail reviews in Provincial Court continue to apply to CERCs. The Provincial Court continues to review what kinds of applications it can accept, and we expect more cases that can proceed by consent to be heard in the coming weeks. While court appearances have been suspended, discussions with your Crown colleagues have not.
Recent updates
To support you in serving your clients, we recently extended the service stop dates on CERCs to six months, and we changed the rules to permit billing Non-Trial Resolution earlier. The courts are facing a looming backlog of cases, and finding appropriate resolutions to address this will be critical.
For many clients, court delays do not mean they have to lose the opportunity to address underlying problems. Legal aid clients face society-wide challenges to accessing services they need now more than ever, and they rely on the professional services you provide on a daily basis. Remember, all the authorization rules that support your clients, such as Gladue reports or other professional assessments, apply to CERCs.
Thank you to those who have embraced what can be done to assist clients on CERCs. Our internal data shows that CERCs are making a real difference for clients who need assistance, and this is a credit to the services you continue to provide. For those of you who have not become comfortable with CERCs, we ask you to take a fresh look. In this COVID-19 world, CERCs can provide an important opportunity to assist clients most in need.
More information about CERCs can be found in the Lawyer Portal under the Resources tab. Click on Resources for Lawyers and select Area of Law: Criminal.
David Griffiths
Manager, Criminal, Immigration and Appeals
