"Legal Aid"
Mary tells us that she had very little money to obtain a divorce and therefore applied for Legal Aid. These questions and answers will provide you with an overview.
What is financial eligibility?
What is civil coverage?
Can I appeal my Legal Aid refusal?
What does Legal Aid do?
How can I get Legal Aid?
Is there an application fee?
What information will I need for the interview?
Is Legal Aid free?
How much will Legal Aid cost?
How do I repay Legal Aid?
Can I apply for Legal Aid if I still owe money?
What is duty counsel?
Where are the Legal Aid offices?
I am not eligible for Legal Aid. What can I do?
Eligibility for Legal Aid coverage is defined by the Rules of the Legal Aid Society and encompasses both financial and substantive eligibility criteria as outlined below.
The following information is taken from the Legal Aid Society website and was current at the time of posting. For more information, you can access the Legal Aid Society website directly at http://www.legalaid.ab.ca.
What is financial eligibility?
Financial eligibility is determined by a calculation of individual and family gross income as well as a valuation of accumulated assets. The gross income figures are compared to a fixed scale of financial guidelines which takes into account family size.
"Family" consists of the applicant, spouse and any dependents. The term "Gross Family Income" means all monies received by the family before deductions. In the case of common law relationships, common law spouses and their dependents are considered family.
Applicants who are on the borderline of financial eligibility may be extended coverage on a contributing basis. This means the client is required to make monthly payments as a condition of receiving legal aid. The Society frequently exercises discretion in favour of applicants when income and/or assets are slightly over the guidelines if the applicants are unable to retain counsel privately.
A chart illustrating the current family annual and monthly guidelines can be viewed on the Legal Aid website at www.legalaid.ab.ca.
What is civil coverage?
Civil coverage includes matters which are not Adult Criminal or Young Offenders Act cases.
The Legal Aid Rules provide that a financially eligible applicant may be granted legal aid in a civil matter where that matter is subject to the jurisdiction of the courts, and has merit or a likelihood of success, or both. The case must also be one which a reasonable person of modest means would commence or defend and the circumstances at the time of application must warrant coverage. The legal costs of commencing or defending the action must be reasonable when compared with the relief sought. A legal opinion may be obtained to assist in determining merit or likelihood of success as well as the other requirements for coverage.
Civil matters include the following:
- Family
Law: divorce, guardianship, maintenance,
custody, access, matrimonial property,
affiliation;
- Child
Welfare: temporary and permanent guardianship
orders, secure treatment orders;
- Immigration:
refugee claims, deportation/departure orders;
- Mental
Health issues: Review Panels, Board of
Review;
- Administrative
Tribunals: social assistance, workers'
compensation, unemployment;
- General
lawsuits/damage actions.
Civil appeals are assessed on the merits and coverage is determined by the Northern or Southern Director or referred to the Regional Committee. Civil appeals to the Supreme Court of Canada are within the sole jurisdiction of the Appeals Committees.
Can I appeal my Legal Aid refusal?
Applicants denied coverage are notified in writing of the refusal, the reason for the refusal, and of their right to appeal this decision to a Regional Committee. An applicant who appeals a refusal has the right to appear in person before the Regional Committee. Each local legal aid office has a Regional Committee composed of lawyers and lay members of the community.
Decisions of Regional Committees may be further appealed by the applicant or by the administration of the Society to the Northern or Southern Appeals Committee (as appropriate). An applicant has the right to appear in person before the Appeals Committee. The decision of the Appeals Committee is final.
They provide lawyers at an affordable cost to people who need assistance for criminal or civil legal matters and who are unable to retain a lawyer from their own resources. Types of legal problems covered include criminal charges; child welfare matters; maintenance, custody, divorce or other family matters; immigration issues; administrative tribunal; and other general lawsuits.
Call the nearest Legal Aid office to find out if they can assist you. They will then set up an interview. If they cannot assist you, they can suggest other services or agencies that may be able to help. If you are being held in a remand facility, a correctional institute or a hospital, contact us directly by telephone or ask the facility staff to arrange an interview. Legal Aid staff make regular visits to these facilities.
No, Legal Aid does not charge an application fee.
What information will I need for the interview?
You will be asked to explain the nature of your legal problem and give details of your financial situation (current income, annual income, assets) and your living arrangements. You may be asked to prove this information. This is required in order to determine if you qualify for our services. If you have been served with legal documents, bring these to your interview. All information is treated confidentially. Since interviewing staff are not lawyers, they are unable to provide advice.
No, except for services provided by Duty Counsel, Legal Aid is not free. Legal Aid services, however, are often less costly than a lawyer on a private basis. And they do not charge an application fee.
The cost of each case will vary according to its seriousness and complexity. Once the facts of your legal problem are known, your lawyer may be able to estimate the cost.
Depending on your financial situation, you may be asked to make a down payment and/or regular monthly payments. If you own property, you may be asked to sign a mortgage or other security to ensure repayment. Clients with cash bail or those likely to receive proceeds from their legal action may be required to assign the rights to this money to Legal Aid.
When your case is finished, we will send you a bill showing the balance owing on your Legal Aid account. If you are not already making payments, a repayment schedule will be set up that is in line with your current financial situation.
Can I apply for Legal Aid if I still owe money?
Yes, if you have not yet repaid your bill and you encounter a new legal problem, you may apply for further help through Legal Aid.
If you must appear in Court and you have not hired a lawyer, Duty Counsel may be able to help. Duty Counsel lawyers can help with adjournments, entering guilty pleas, speaking to sentence, and speaking to your release. These services are free of charge and priority is given to people in custody. Contact your nearest Legal Aid Society office for more information on Duty Counsel.
Where are the Legal Aid offices?
- CALGARY
- 1100, 6654 - 8th Street S.W.
- Telephone: (403) 297-2260
- EDMONTON
- 300, 10320 - 102 Avenue
- Telephone: (780) 427-7575
- FORT MCMURRAY
- 171 West, 9915 Franklin Avenue
- Telephone: (780) 743-7356
- GRANDE PRAIRIE
- 1301, 10320 - 99 Street
- Telephone: (780) 538-5470
- LETHBRIDGE
- 1102, 400 5th Street South
- Telephone: (403) 381-5194
- MEDICINE HAT
- 304, 346 - 3rd Street S.E.
- Telephone: (403) 529-3553
- PEACE RIVER
- 9621 - 96 Avenue
- Telephone: (780) 623-6250
- RED DEER
- 6th Floor, 4920 - 51 Street
- Telephone: (403) 340-5119
- ST. PAUL
- 4902 - 50 Street
- Telephone: (780) 645-6205
- WETASKIWIN
- Main Floor, 5201 - 50 Avenue
- Telephone: (780) 361-1331
- WHITECOURT
- 2nd Floor, 5020 - 52 Avenue
- Telephone: (780) 778-7178
- Toll Free RITE Line
- 310-0000 ask for the nearest Legal Aid Office
- Telephone: (403) 297-2260
I am not eligible for Legal Aid. What can I do?
Financial assistance to take legal action is available, but is subject to limits. In order to be eligible for help from Legal Aid or from an agency such as the Protective and Restraining Order Project in Edmonton you have to fall within certain income brackets.
If you have some income or savings you may be in the situation where you do not qualify for financial help, but you do not feel you have sufficient money to cover legal costs by yourself.
If you find yourself in this situation there are some courses of action you can consider.
The Law Society in your province might have a Lawyer Referral Service. In Alberta this service can be reached toll free at 1-800-661-1095 and at 228-1722 in Calgary. When you call, the operator will ask what area of the law you need assistance with and will give you the names of three lawyers to call who practice in that area of law. You can call and see all three lawyers if you want to. Each lawyer will give you one half hour of free time. At the end of the interviews you can decide if you want to hire a particular lawyer and the lawyer can decide if he or she will take your case.
When having an initial interview with a lawyer be sure to give all relevant information about the kind of help you need. Do not be afraid or embarrassed to talk about how much it will cost. You will want to know how much the process will cost under the best and worst case scenarios. Exact figures may be difficult, but the lawyer should be able to give you an idea. If you have limited financial resources, ask if there is any opportunity to work out a payment schedule. Ask to be billed regularly so that you do not receive a large bill at the end.
There is some opportunity to use the legal system yourself or with the assistance of people who work in the justice system. For example, if you apply for a peace bond to keep an abusive partner away from you, the work is done by personnel in the criminal court system. There are Family Court Councillors in Youth and Family Court who can assist with the presentation of cases; some civil courts provide leaflets describing how to apply for a restraining order by yourself.
It is important to remember, however, that family law can be complex and it is worthwhile to get some legal advice before embarking on a course of action that may end up costing you more financially and emotionally.
September 2005
