A boycott by criminal lawyers defending the poor has gained strength in Ontario, making the situation dire for those behind bars.

Since June 1, the Criminal Lawyers' Association has urged defence lawyers not to take legal aid cases involving homicide, gun crimes or gangs to highlight the imbalance between the government's funding of judges and prosecutors and the criminal lawyers who defend the poor.

Defence lawyer John Struthers said the situation is dire for the accused, with fewer than 10 of the province's 1,100 criminal lawyers taking on cases involving the most serious charges.

"Even if you want them all convicted, you still have to do it properly or it's just going to come back from the Court of Appeal," Struthers said.

If the cases sit too long, the accused could claim Charter of Rights and Freedoms violations and ask to be freed altogether.

The issue of compensation is at the core of the defence lawyers' boycott.

Since 1987, the province has boosted salaries for judges and prosecutors by 100 per cent. But lawyers acting for those who can't afford one have received only a 15 per cent increase since 1987, the Criminal Lawyers' Association said.

Funding for legal aid is so low that many lawyers are forced to work unpaid hours to deal with complex cases, said Frank Addario, the group's president.

Ontario Attorney General Chris Bentley said legal aid for criminal cases received a $15-million boost this year.

"I think you need to see the increase in context," he said. "Not only is it the largest, but it comes at a time when there is no more money."

Defence lawyers 'not backing down'

But after years of government promises to fix the disparity, defence lawyers say they have had enough.

"This is not a half-measure," Addario said. "It's a very serious step my membership has taken, and we are not backing down."

The boycott has gained strength in numbers and spread beyond Ontario.

Danny Gunn, a Manitoba lawyer, said he will no longer cross into northern Ontario to fill the legal aid void.

"Realistically, there is a crisis in legal aid across Canada," he said. "Ontario is the first of the jurisdictions which is taking a united stand."

Criminal lawyers are considering their next move, potentially targeting legal aid cases involving sexual assault, they said.