LAA has updated the supporting documentation requirements for invoicing Tariff item 11.10 as it relates to what is now called Indigenous background report. To better balance client privacy with the need to validate claims, counsel are no longer required to submit the full report.
Effective immediately, we will accept an attachment to the Tariff item of pages 1 and 2, along with the final page of the report. These pages identify the client, court/case details (page 1, 2) as well as sign-off by the background report writer (final page).
On an exceptional basis, the lawyer may use a copy of a historical Indigenous background report for the client to bill the Tariff item provided that the following conditions are met:
- If the background report was completed more than 2 years ago, it is inappropriate to use that report, or reference those submissions, without updating it (them) in a comprehensive manner;
- Defense counsel listed in the report is the same as the lawyer named on the certificate; and
- The lawyer has provided confirmation that they have taken the appropriate steps as outlined in requirements for background report submissions.
Counsel making Indigenous background submissions without a formal report must continue to provide documentation demonstrating they interviewed the client, contacted extended family and/or community supports and ensured culturally appropriate restorative justice options for bail or sentencing were put before the court.