Legal Aid Eligibility and Coverage in Canada
Inventory of Legal Aid Plans in Canada (continued)
Inventory of Legal Aid Plans in Canada (continued)
Nova Scotia
The Legal Aid Act (1977) specifies the composition and powers of the Legal Aid Commission. The Commission is responsible for all matters relative to legal aid in the province. The Act outlines legal aid coverage, form and content of applications. The Commission operates a staff model delivery system with the private bar being retained on the basis of a certificate to provide legal services to clients in situations of conflict or criminal choice of counsel.
Financial Eligibility
The Legal Aid Commission may provide a lawyer to someone who could not otherwise afford one. To be eligible for the service in Nova Scotia, an applicant must be receiving Social Assistance Benefits or be in an equivalent financial position. The criteria constitutes a needs test based on family income, expenses, debt load and assets. For most applicants, monthly income alone determines eligibility.
An applicant can receive legal aid when the Commission determines that the claim has merit and the applicant:
- receives all or part of his/her income from municipal or provincial social assistance;
- when he or she has an income equal to or less than that which would be received under provincial social assistance, or;
- when receiving legal services outside the plan would reduce the applicant's income to a point where he or she would become eligible for social assistance. This is an exception. This occurs only when it is court ordered and the province will contract Legal Aid to either engage a private lawyer or a staff lawyer.
Other things that are considered include:
- urgency of the situation;
- nature of service applied for;
- merits and quantum of the claim;
- cost of proceeding.
The needs test applies to both adults and youth. Income is the primary factor in eligibility. But, applying the income cut-offs involves considerable discretion - they are simply guidelines.
Family Size | Gross Monthly Income ($) |
---|---|
One adult | 1067 |
and 1 dependent | 1416 |
and 2 dependents | 1700 |
and 3 dependents | 1924 |
and 4 dependents | 2148 |
and 5 dependents | 2372 |
and 6 dependents | 2596 |
and 7 dependents | 2820 |
Two adults | 1424 |
and 1 dependent | 1708 |
and 2 dependents | 1932 |
and 3 dependents | 2l56 |
and 4 dependents | 2148 |
and 5 dependents | 2604 |
and 6 dependents | 2828 |
and 7 dependents | 3052 |
** Child Tax Credit is not counted in Income. ** Maximum allowance for transportation is $18.M
Expanded Eligibility through Contributions
No. When the income of the applicant exceeds the amounts specified, they cannot bridge the gap through contributions unless the province is willing to pay the cost. The Appeals Committee may also provide a certificate and set up a "repayment agreement," if they feel the applicant cannot retain counsel without undue financial hardship, such as incurring financial indebtedness or having to dispose of necessary assets.
Income Definition
Gross monthly income. The Child Tax Benefit is not included in the income calculation.
Family Definition
The plan is based on family type. The plan also considers the income and expenses of the applicant's spouse. For this purpose, a spouse is defined as a person who is living with the applicant and is contributing financially to the household. A dependent can be any of the following - spouse, child, or any other person supported by the applicant.
Client Contributions
When the Legal Aid Commission determines that the applicant can pay some part of the cost of legal aid applied for, the Commission can enter into a written agreement with the applicant.
Assets Test
There is an assets test but it is done on a case-by-case basis. There are no set cut-offs. If the applicant has any assets, they can be asked to liquidate them. But, the applicants do not have to dispose of:
- their principal place of residence; or
- assets necessary to maintain livelihood.
Substantive Coverage
There is broad coverage over most matters. Criminal matters take the highest priority. Adults and youth charged with federal indictable offences are covered. Summary conviction offences are only covered if there is a likelihood of imprisonment. No provincial offences are covered. Summary advice is provided for those summary conviction offences that do not lead to jail time.
There have been major budget cutbacks and coverage is an area that has suffered according to Nova Scotia Legal Aid. An example of a summary case not covered - a drinking and driving case that will lead to a fine will not be covered. A drinking and driving offence causing bodily harm that will lead to a jail sentence is covered.
Criminal Appeals
Appeals are covered in criminal cases for both adults and youth.
Duty Counsel
Nova Scotia does not have a formal duty counsel service. There is an informal service providing summary services.
Business Hours Duty Counsel
A pilot project was implemented in August 2000 whereby a central telephone number was provided so that individuals who are arrested or detained during business hours can access telephone duty counsel by having their call placed to one location in the Halifax North Office. Support staff then locate an available lawyer in one of the 13 offices to take the call. The process was designed to alleviate situations of delay where police had to call a number of different Legal Aid offices to locate an available lawyer to advise the person in detention. This often takes place in the smaller offices.
Review of Coverage and Eligibility
Applicants have a right to appeal any decision by the Commission. The Standing Committee deals with appeals of refusal or withdrawal of legal aid. The Standing Committee has the right to create contribution agreements if they feel that the applicant could not access a lawyer without causing undue hardship.
Administration Fee
None.
Sources:
[14] Effective since March 1998.
- Date modified: