Types of matters covered

Client contributions

Administration / Application Fee

Financial Eligibility

Financial Thresholds

Scope of Coverage – Criminal Legal Aid

Scope of Coverage – Immigration and Refugee Legal Aid

Scope of Coverage – Civil Legal Aid*

Criminal

Immigration and Refugee

Other Civil Matters*

Basis of Claim

Refugee Protection Division Hearing

Detention Review

Admissibility Hearing

Refugee Appeal Division

Immigration Appeal

Pre-Removal Risk Assessment

Humanitarian and Compassionate

Judicial Review

Stay of Removal

Danger Submission

Cessation / Vacation

British Columbia

Yes

Yes

Yes

No

No

Financial eligibility for full representation services is based on the applicant’s income and assets. The Legal Services Society (LSS) will assess the applicant’s net monthly income and their share of equity in disposable assets. The applicant’s net monthly income (by household size) must be below the financial thresholds.

Applicants receiving income or disability assistance are not subject to an asset test.

LSS duty counsel provide information and advice services for criminal (including detention phone services), immigration, and civil (family and child protection, including a family phone advice service) matters. Applicants for civil duty counsel must meet an income test (based on household size).

LSS provides a wide range of public legal information and education services, including publications, community outreach, websites (family law and Aboriginal legal aid), and MyLawBC.

The following are LSS’s financial eligibility guidelines for full representation services.

The following are LSS’s financial eligibility guidelines for civil duty counsel services.

LSS provides coverage for administrative, summary and indictable offences where an applicant faces (a) a risk of jail, (b) loss of livelihood (c) or possible deportation. LSS may also cover an applicant who is unable to self- represent due to a mental or physical disability.

LSS also provides coverage for Aboriginal hunting and fishing rights without a risk of jail.

LSS also provides coverage for youth who are facing criminal charges; youth do not have to meet the financial eligibility guidelines or face a risk of jail.

X

X

X

X

X

X

X

X

X

X

X

X

Alberta

Yes

Yes

-

Yes

-

The Legal Aid Society of Alberta considers the applicant’s income and an appraisal of his/her assets. A person may be eligible for legal representation and  to have a lawyer appointed if their allowed income falls within the financial thresholds. Repayment will be discussed if a lawyer is appointed.

Alberta’s financial eligibility guidelines are as follows:

Indictable offence; likelihood of imprisonment or a loss of livelihood; possible deportation.

X

X

X

X

X

Saskatchewan

Yes

No

-

Yes

No

Legal Aid Saskatchewan conducts a financial test, including an asset test and an income test, to determine whether an applicant qualifies for legal aid.

LAS considers whether the applicant receives social assistance or band assistance; whether the applicant’s income is at social assistance levels; or whether the cost of a private lawyer would reduce the applicant’s financial capacity to social assistance levels. Case merit is also considered.

The following are Legal Aid Saskatchewan’s financial guidelines to receive free legal aid. Legal Aid may be offered to an applicant whose family income exceeds these guidelines by 10% if the applicant makes a $40 contribution to the cost of providing legal services.

Indictable offence, likelihood of imprisonment or a loss of livelihood.

Child protection matters; divorce; custody; access; child support; spousal support; variation of existing child and support orders.

Manitoba

Yes

Yes

Yes

Yes

Yes

Financial eligibility is determined by considering the annual family income, and takes into account the number of family members.

A person will qualify for full representation services in the areas of criminal defence, child protection,  family, immigration and refugee, poverty and public interest law, free of charge if their annual gross family income falls within the “free” legal aid eligibility threshold.

Applicants on social assistance are presumptively financially eligible for legal aid. If the applicant owns property, the property may be subject to a lien. An asset test may apply. If the family income exceeds the guidelines for free legal aid, but LAM determines that the individual can afford to pay all of the cost for a lawyer, (at  LAM rates) the individual may qualify for full representation services through the Agreement to Pay program. People in the Agreement to Pay eligibility threshold range may be eligible to  receive full representation services but will be expected to pay back all of their fees and disbursements (at LAM rates) plus a 25% program fee. A merit test applies (see scope of coverage herein).

The thresholds below are used to determine   eligibility for full representation services.    Lawyers providing “full representation” criminal defence representation services are authorized to conduct their clients’ defence without restrictions on proceeding to contested hearings such as preliminary inquiries and/or trials. LAM also provides full representation services to individuals on family, child protection, immigration and refugee, poverty and public interest law cases. Applicants who do not qualify for full representation services as above in the areas of criminal defence, child protection, and poverty law, may access free Duty Counsel services, no matter what their financial situation is. Duty counsel services include:

• meeting with unrepresented persons at court/tribunals to provide urgent advice and assistance as needed, remands from time to time to conclude non-plea agreements;
• remanding matters from time to time for the appointment or retention of counsel;
• assisting with negotiated settlements and entry of guilty pleas and sentencing with Crown/Agency counsel where a remand for counsel would significantly prejudice the interests of the individual, or where a Judge directs that assistance be provided for the instant sitting of the court.

LAM also provides Brydges on-call telephone assistance 24 hours a day 7 days a week, to every Manitoban detained or arrested, free of charge and regardless of their financial circumstances.

All indictable offences (statutory or by election); non-indictable offences where a likelihood of imprisonment or a loss of livelihood exists; possible deportation; terrorism and national security- related offences; preventative detention under the dangerous offender provision of the Criminal Code; Crown Appeals of any of the above noted matters; defence appeals on any of the above noted matters or for conviction/sentenc e; Criminal Code Mental Disorder Review Board; Highway Traffic offences through our University of Manitoba Law Clinic; and institutional disciplinary hearings.

X

X

X

X

X

X

X

X

X

X

Family Law, Child Protection (where an Agency has apprehended or has advised that they will apprehend a child), Poverty Law (Residential Tenancies, Mental Health, Government Benefits, Appellate Review, Public Interest Law, Complaints made to the Law Enforcement Review Agency alleging police misconduct, Small Claims cases that involve consumer problems and individual disputes with Manitoba Public Insurance (through our University of Manitoba Law Clinic), other cases are accepted on a discretionary basis

Ontario

Yes

Yes

Yes

Yes

No

Financial eligibility is determined by considering the annual family income, and takes into account the number of family members. A person will qualify for legal aid if their annual gross family income is lower than the certificate eligibility threshold. If the family income is between the first and second columns, a monthly payment may be required (contribution agreement). Legal Aid Ontario also considers whether the applicant receives social assistance. A  test considers the expenses and liabilities of the applicant.

The following table indicates Legal Aid Ontario’s financial eligibility thresholds for a legal aid certificate, for legal aid provided with a contribution agreement, and for legal aid to victims of domestic violence.

Offence that involves likelihood of imprisonment if convicted.

X

X

X

X

X

X

X

X

X

X

X

X

Family law (custody, access, support), child protection, mental health (civil and criminal), poverty law through funded clinics (landlord and tenant, social assistance, workplace safety and insurance, employment, criminal injuries compensation, human rights), prison law.

Quebec

Yes

Yes

Yes

Yes

Yes

Admissibility criteria for legal aid includes: annual income, family situation, value of certain assets and liquid assets. Any person who receives a benefit under a last resort financial assistance program provided for by the Individual and Family Assistance Act or any member of a family receiving such a benefit is deemed financially eligible for a gratuitous legal aid. Some people who are not eligible for free legal aid may still be eligible if they agree to make a contribution of $100 to $800 toward the cost of services.

The financial eligibility scale for free legal aid is as follows:

The financial eligibility scale for contributory legal aid is as follows:

For some remote regions, the amounts in the tables above are increased by 20%.

Offences under the Criminal code and the Youth Criminal Justice Act.

For other offences, services may be covered if there is a likelihood of imprisonment, if the applicant is at risk of losing his or her livelihood, or if it is in the interests of justice that legal aid be granted.

Everyone who is under arrest or being held in custody has the right to a free telephone consultation regardless of his or her income.

X

X

X

X

X

X

X

X

X

X

X

X

Youth law matters involving the Youth Protection Act, Family law matters (separation, divorce, custody and supports payments, etc.) and matters involving the law of persons (protective  supervision of persons of full age, mandates given in anticipation of incapacity, etc.). Services are also covered for the purpose of obtaining a judgment in respect of an agreement made in a joint application for a review of a custody judgment or for child support only or for child support and for spouse or former spouse, regardless of the person's income.

In administrative law matters, the services are covered for reviews of, and court rulings on decisions rendered with respect to benefits provided for under certain legislation designated by regulation such as the Act respecting occupational health and safety, the Automobile Insurance Act and the Act respecting the Québec pension plan, etc.

Services are covered in other administrative and civil and matters if the plaintiff’s physical or psychological security is at stake, if the plaintiff’s basic needs or means of livelihood are involved, or if the freedom of the plaintiff is or is likely to be seriously restricted due to the possibility of committal to custody or detention, particularly.

New Brunswick

Yes

No

Yes

Yes

No

The New Brunswick Legal Aid Services Commission conducts a financial assessment based on three factors: income, allowable deductions and household size.  Generally, people with low income, those on social assistance and youth qualify for free representation.

Income includes salary, wages, commissions, boarder income, other income, pension, allowances, and any other benefits received. Sources of income not included are Child Tax Benefit or Canada Child Benefit; GST Rebates; Income Tax Refunds; Bursaries or grants received from an educational institution or student loans; and income of applicable dependents. Income earned by the spouse/common-law partner who resides in the applicant’s household, and income of applicable dependents, are also included in the calculation. Allowable deductions include child care payments (daycare, babysitter, etc.), child and spousal support payments, medical or dental expenses that are not covered by an insurance plan, if the annual expenses are $1,500 or more.

If the Legal Aid intake worker finds that the applicant has the ability to contribute to a covered service, he/she will be required to make a monetary contribution. Where an applicant is unable or unwilling to pay the assessed one-time contribution and they are the registered owner of real property in New Brunswick, they may choose to sign a lien and defer payment. By deferring payment the applicant accepts they will be responsible to reimburse NBLASC for the full cost of services provided.

Appeal processes are in place to address extenuating circumstances.

The eligibility based on gross monthly income (after allowable deductions are subtracted) is as follows:

The eligibility based on gross annual income (after allowable deductions are subtracted) is as follows:

Legal representation is available in criminal cases to individuals  who meet the financial eligibility criteria and who who have been charged with an offence that would likely result in jail time if convicted.

Family Legal Aid offers representation to financially eligible clients for custody, access and child support under the Family Services Act. Determination of spousal support under the Family Services Act is also provided to all persons who are eligible to receive spousal support. Legal representation is also provided to custodial parents in child protection proceedings initiated by the Minister of Social Development relating to supervisory orders, custody or permanent guardianship of their child. The legal merit of the case is assessed on a continuous basis to ensure there is a reasonable likelihood of achieving the desired result. Legal Aid may prioritize cases such as when a victim of spousal abuse needs a family court order on an urgent basis.

Nova Scotia

Yes

No

Yes

Yes

No

Full-service legal aid may be granted to a person on Income Assistance, or in an equivalent financial position, or if paying for a lawyer would put the applicant at an Income Assistance level, where there      is legal merit in providing legal assistance in certain areas of family/civil, criminal and social justice (income security and housing issues) law. NS Legal Aid gives legal information or advice to anyone without a financial eligibility  requirement. A person is in a position of equivalent to that of someone on  Income Assistance when the gross monthly income of the person and his/her spouse is less than the amount set out in the chart (Child Tax Credit is not counted in income), and the person’s monthly expenses for shelter, food miscellaneous, transportation and the cost of the legal service requested is greater than the amount set out below. The Nova Scotia Legal Aid Commission also considers the debt load and assets of the applicant. A Contribution Agreement may be considered for full-service legal aid if the applicant is over the financial guidelines by more than 50%.

Nova Scotia applies the following financial eligibility guidelines for full-service legal aid:

Indictable offences and summary conviction offences where there is a likelihood of imprisonment or potential impact on employment or immigration.

Prince Edward Island

Yes

No

-

No

No

A financial eligibility scale based on income and family size is used as a guideline in determining eligibility. The scale is only one of several factors that must be considered in each case. Other factors relate to the urgency and seriousness of the applicant’s legal  needs; the coverage and resources of the legal aid program; and the applicant’s ability to obtain legal assistance if legal aid is refused.

PEI Legal Aid considers whether the applicant receives social assistance. The application is also subject to merit testing. The applicant's assets and liabilities and the complexity of the case are also considered.

PEI’s Legal Aid Financial Eligibility Scale is as follows.

Indictable and summary criminal matters are covered. Likelihood of imprisonment test applied on a discretionary basis to limit services in minor matters.

Newfoundland and Labrador

Yes

Yes

Yes

Yes

-

An Intake Worker compares the applicant’s assets and income with his/her debts and expenses to determine if they have the ability to pay for a  lawyer on their own without going into heavy debt. The Intake Worker will also consider the assets, income, debts, and expenses of the applicant’s spouse and  of any dependent to have a full picture  of the applicant’s financial situation. The Intake Worker will determine the applicant’s financial eligibility as well as whether the applicant’s financial circumstances allow him or her to pay part of the cost of the legal services or if the legal services may be provided at no cost.

There is no specific level of income at which an applicant will automatically qualify for Legal Aid. When assessing the applicant’s income, the Intake Worker will consider:

• Salary or wages that you and your spouse receive from employment (or in the case of a youth the income of his/her parents)
•  Rental income
•  Investment income
• Pension income
• Workers’ Compensation benefits
• Employment Insurance benefits
• Income from spousal support
• Income from social assistance

When assessing the applicant’s expenses, the Intake Worker will consider things such as:

• Basic living expenses for food, clothing, household supplies and personal items
• Reasonable amounts for rent, mortgage, property taxes, insurance, and home maintenance
•  Utilities including fuel, hydro, water, and telephone
•  Necessary transportation expenses
•  Necessary medical, dental, and hospital expenses, including the cost of reasonable health insurance policies
•  Life insurance premiums
•  Regular payments made towards a reasonable amount of debts incurred before the application for Legal Aid was made.

Indictable and summary criminal matters are covered if possible jail term or loss of means of livelihood. Limited coverage for provincial offences.

X

X

X

X

X

X

Yukon

Yes

No

Yes

Yes

No

In determining financial eligibility, the Yukon Legal Services Society (the "Society") may, in addition to considering the Financial Eligibility Table, consider the net assets possessed by the  applicant and the liquidity or securability of those assets; the amount and nature of the indebtedness of the applicant; any other matter which the Executive Director or Yukon Legal Services Society Board of Directors considers relevant. The Society may secure from a client the repayment of all or part of the costs incurred in legal representation of that client.

Yukon’s financial eligibility guidelines are as follows:

Offences under the Criminal Code and Youth Criminal Justice Act

Family Law, Child Protection

Northwest Territories

Yes

No

Yes

An application must be completed. Applicants are required to provide detailed financial information with backup documents, including a statement of income for the applicant and anyone living in the household. Commission employees review applications in detail to determine the applicant’s financial eligibility. Eligible applicants are assigned duty counsel for criminal matters or go into a rotational assignment process for family and civil law matters.  In some cases, using criteria set out in the Act and regulations, the staff determine that an applicant is in a position to make a contribution to the cost of their legal aid services. A conditional authorization for legal aid is given to the applicant requiring a contribution.

Presumed Eligibility arises only in the context of criminal law. Clients who first appear in Territorial Court are presumed eligible for legal aid, and are provided assistance with preliminary or straightforward matters that duty counsel can deal with in a summary fashion, including guilty pleas and non- complex sentencing hearings. If the lawyer determines that the matter requires a preliminary inquiry, trial or a more complex sentencing, the client must apply for legal aid for a determination of their financial  eligibility.

The financial thresholds take into account the household size as well as the community where the applicant resides. The range in the amounts below reflects the fact that eligibility threshold depends on the applicant’s place of residence. Depending on the applicant’s income and place of residence, he/she may be required to provide a contribution of $250 to $1,000.

Offences under the Criminal Code and Youth Criminal Justice Act

Child protection and Family Law where custody or support is in issue

Nunavut

Yes

No

Yes

Yes

The Nunavut Legal Services Board provides legal aid services to financially eligible Nunavummiut, in the legal areas of coverage as set out by the Legal Services Act. This includes criminal defence representation, child representation, child protection and family law coverage, and civil/poverty representation in the areas of residential tenancy issues, employment/labour law, poverty-related issues, excessive use of force by police and human rights. Nunavut applies presumed eligibility in criminal matters, as well as in family matters (child representation and child protection) and civil matters (residential tenancy disputes).

Nunavut’s eligibility thresholds are as follows:

Offences under the Criminal Code and Youth Criminal Justice Act

Family Law, Child Protection, Child representation, Poverty Law, Employment/Labour Law, Excessive use of force by Police, Human Rights