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Chairman's Report 2004

FINANCIAL HIGHLIGHTS

2003-04 2002-03
Revenue from all sources $12,800,313 $9,072,956
Grant allocations $8,305,828 $7,815,193
Legal Aid Society $2,854,653 $1,897,521
Administrative expenses $364,179 $ 364,928
Net available funds $1,274,653 $ (1,004,686)

The majority of the surplus in current revenue was transferred by the Directors to internally restricted net assets. This reserve has been established in order to provide funding stability for ongoing programs. The Foundation was fortunate to be able to fully replenish the reserve in 2003-04.

The Board reviewed 78 applications for funding (89 last year) of which 62 were approved (75 last year).

In accordance with the Insurance Act, the Foundation’s funds are kept invested in short-term money market instruments and low-risk marketable securities. Income from investments for 2003-04 was $1,381,700, a decrease of 6.8% from last year's investment income of $1,482,870. This is explained by the greater number of investments in the lower short-term interest rate part of the market.

Lawyers' general trust account interest received in 2003-04 totalled $11,418,613, which is a significant increase from last year's receipts due to the combined positive influence of a slightly higher average prime rate, significantly higher deposit balances, and the impact of more favorable interest rate arrangements with many of the financial institutions. The Foundation expects 2004-05 revenue to drop considerably given the significant drop in prime rate in the first few months of 2004.

GENERAL COMMENTS

As noted above, revenue from lawyers' general trust accounts for the fiscal year ending March 31, 2004 was $11.4 million of which 25% or $2.85 million is due to the Legal Aid Society of Alberta. Investment income was $1.38 million. Negotiations with financial institutions requesting improvements in the rates of return on lawyers' general trust accounts will continue for this fiscal year and, if successful, the improved rates will serve to stabilize and perhaps improve the income from this source.

The Directors of the Foundation established financial reserves sufficient to provide three years of secure funding for core grant recipients thus enabling them to better plan for the future. During 2004-05, it is expected that core grants will continue to be held close to their current level and that any project grant applications will be very closely scrutinized.

Because it is difficult to predict interest rate trends and other economic factors, the Foundation reviews annually its core funding budget and other funding initiatives.

The Foundation takes seriously its stewardship role in relation to the total trust deposits held in general trust accounts at the various financial institutions. In recent months, the overall balance has been well in excess of $500 million and the Foundation believes these deposits should receive market based interest compensation that reflects both the very substantive balances and their overall stability. Some nominal progress has been achieved with the majority of the financial institutions. The only institution to steadfastly refuse to pay a reasonable interest rate continues to be the National Bank of Canada.

The Foundation and its funded community agencies are most appreciative of the leadership and support of the cooperative financial institutions in this time of diminished financial resources and lower interest rates.

I would like to express my appreciation to the Foundation's Board of Directors and to the staff, Diana Porter and David Aucoin for their guidance of the Foundation over the past year.

Mona T. Duckett, Q.C.
Chairman, Alberta Law Foundation
July 2004


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