The legal aid staff will assess your needs based on your specific situation and determine if the case requires a lawyer or some advice from lawyers
Legal aid is a government-subsidized program to help those who need representation and cannot afford to retain a lawyer. Getting a certificate for Legal Aid requires people to meet certain criteria. Before one receives legal aid, they should first self assess and then speak with a legal aid representative to see if they qualify, determine if his or her case is one that legal aid covers, and be willing to commit to the process.
There are different types of legal aid. The legal aid staff will assess your needs based on your specific situation and determine if the case requires a lawyer or some advice from lawyers. In the case that you are not necessarily in need of finding lawyer, they may deem it appropriate for you to meet with one for advice on how to proceed with the case or general advice on what you should bring to court. For those who ultimately do not qualify for legal aid, advice may be obtained through the Advice Lawyer service.
People on social assistance programs more than likely qualify for legal aid, but it can also be possible to qualify if you have a job and aren’t necessarily destitute, so to speak. According to Legal Aid Ontario, “Legal aid staff will look at your personal financial circumstances to decide if you qualify. Every situation is different. It all depends on your family responsibilities and your monthly expenses.” What they are saying is you are not automatically disqualified for having a job or supporting yourself financially. They are more interested in if you can afford the added expense of a Canadian lawyer and, in the case that you cannot, will most likely qualify you for legal aid.
Legal aid is available for certain types of cases. Legal Aid Ontario’s FAQ lays out what types of cases qualify.
For criminal charges:
An offence which would likely result in jail (eg: assault, impaired driving causing bodily harm, robbery, welfare fraud, break and enter).
In family matters:
• To get custody of your children or to change custody
• To set up, increase or decrease child or spousal support payments
• To help you if your partner denies you access to your children
• To get access for you to see your children or to make a major change to access arrangements that have already been made
• To stop your partner from selling or destroying your property
• To negotiate ownership of things like RRSPs or pensions that could provide you with some income
• To get access for grandparents or other relatives to see a child
In immigration and refugee matters:
• Refugee hearings before the Immigration and Refugee Board
• Sponsorship and deportation appeals
• Detention reviews
For some civil cases and final appeals:
• Workers’ compensation appeal tribunal cases
• Social Benefits Tribunal matters
• Employment Insurance appeals
• Mental health hearings and appeals
For income, housing and employment issues:
• Ontario Rental Housing Tribunal matters
• Employment Insurance matters
• Social Benefits Tribunal matters
• Canada Pension Plan matters
• Human rights issues
The following are cases that do not qualify for legal aid:
•
Wrongful dismissal
• Change of name
• Personal bankruptcy
• Power of attorney
• Money you lent to others or money you owe to others
• Sponsorship of relatives
• Commercial litigation
• Libel, defamation and slander
• Real estate matters
If your case doesn’t seem to fit into any of those categories, it may be worth the time to meet with a representative anyway. They should be knowledgeable to other forms of recourse (pro bono lawyers in your area or counseling within your area).
Like every government program, legal aid requires a bit of effort on your part. They will give you a list of documents to bring to the appointment and in general with any government program, be patient. It may seem daunting at first or with whatever legal problems hanging over your head impossible, but the aid office in essence is there to help. For those who really need assistance the time invested working the system will be well worth it.
Find information on a
lawyers or
lawyer for Toronto, Vancouver, Ottawa, Brampton, Hamilton and other local Canadian cities, visit
http://www.lawyerahead.ca/
