LOCAL FEDERAL CROWN BACKS OUT OF TRIALS IN DISPUTE OVER PAY

'Tired Of Losing Money' Prosecuting Drug Offences

Grey County federal Crown attorney Doug Grace's disagreement over his
pay and workload has prompted a decision to bring in lawyers from
Toronto to prosecute Owen Sound drug trials, avoiding his resignation.
The independent agency responsible for providing federal Crowns in
criminal courts said the arrangement will ensure the prosecution of
all federal cases will continue as usual.

Grace, a veteran local lawyer, has agreed to remain in the post he's
held since 1993 until at least August. But he will no longer represent
the federal Crown at trials or bail hearings. He'll simply set dates
and represent the federal government in matters he can resolve without
a trial.

"I just got tired of losing money," Grace said in an interview before
the Public Prosecution Service of Canada worked out an 11th hour
arrangement that will see him receive a "modest" increase in the
hourly rate he's paid.

"The money increase is by no means substantial," he said with a
chuckle Friday.

"It's still nowhere near enough to make it worthwhile, but I agreed
that I'd handle basically the administrative resolution end of things."

Grace said he still likes the work and says it's fun being in court.
But he had given notice he intended to resign effective the end of
2007 over his pay, which hasn't increased since he started in 1993.
Federal Crowns have not seen an increase since 1990, the agency
confirmed. Grace thinks there's been no increase since 1984.

Grace said federal prosecutions were taking 40 per cent of his time
but generating only 10 per cent of his income. With the increase,
he'll spend 20 per cent of his time dealing with federal matters and
the rest as a defence lawyer, he said.

Grace said there seems to be more longer trials, due to an increase in
the number of marijuana grow operations in the area. They often
involve multiple accused and multiple lawyers.

He understands someone should be hired by August to replace him,
though the PPSC wouldn't confirm that.

Grace is one of 810 private legal agents for the federal Crown
employed by the PPSC, an independent agency created in 2006 by the
federal Accountability Act to represent the federal government in
criminal courts.

The PPSC will draw on some of its almost 400 staff lawyers, likely
dispatched from Toronto, to handle the Owen Sound trials and bail
hearings, said Dan Brien, director of communications for the PPSC.
About 20 days of trials are scheduled this year so far, Grace said.
The rate the Crown pays has presented a problem retaining and
attracting federal prosecutors in some communities, Brien said without
being too specific. "Some firms have said the rate is too low."

He stressed those difficulties won't influence decisions about which
cases are worthy of prosecution.

"We're not going to allow any prosecutions to be jeopardized because
of challenges faced in any particular market or community or area."
Grace earned $82 per hour to prosecute offences under the Controlled
Drugs and Substances Act, the Canada Shipping Act, the Income Tax Act
and other matters governed by federal legislation. He said that rate
hasn't covered his office costs for a long time. Grace declined to say
how much the PPSC has agreed to pay him now.

By comparison, duty counsel lawyers with less than 10 years
experience, who advise unrepresented accused people in court, earn
$87.26 per hour. Those with more experience earn $96.95 per hour.

The federal government pays $200 per hour when it sends a lawyer to
represent it in civil court and civil courts which award costs grant
$350 per hour for lawyers with 20 years experience, something Grace
has surpassed.