Legal Aid Eligibility and Coverage in Canada
Inventory of Legal Aid Plans in Canada (continued)
Inventory of Legal Aid Plans in Canada (continued)
Québec (continued)
Income Definition
Québec uses gross income in its assessments. Income, gains and benefits from all sources are considered, except:
- child tax benefits received under the Income Tax Act;
- amounts received under the Children's Special Allowances Act;
- family assistance allowances;
- principal or interest received as a refund of real estate taxes, a tax credit for the goods and services tax;
- a tax credit for the Québec sales tax;
- a tax credit for persons who take care of their elderly parents;
- benefits paid under the Parental Wage Assistance Program;
- amounts received under programs made under the Act respecting the Socié;té; d'habitation du Qué;bec; and
- student bursaries, which shall be included in the income.
It is important to keep in mind that the income taken into consideration is, in principle, the income for the year preceding the application (January 1 to December 31). The estimated income for the current year is taken into consideration if it differs from the income for the previous year to the extent of affecting financial eligibility or affecting the amount of the applicant's contribution.
Family Definition
Québec uses family type and distinguishes between one and two-parent families, but it consolidates the number of children into a "2+" category.
Assets Test
Québec has two scales, one for property and one for liquid assets. For an applicant to receive free legal aid, they must be at or below the financial guidelines or the asset guidelines. There is, however, a flexible assets test for those who are eligible through contributions. Please see the financial eligibility with contribution section above for the calculation.
| Property Schedule | |
|---|---|
| Applicant or spouse owner of the residence | $90,000 |
| Applicant or spouse not owner of tye residence | 4,000 |
| Liquid Assets Schedule | |
| Single person | $2,500 |
| Family | $5,000 |
Client Contributions
No, not if below the first set of guidelines.
Substantive Coverage
Legal aid is granted for the legal services specifically set out in the Act. For example, legal aid is granted for family matters, youth protection, the representation of young offenders, the prosecution of a criminal act, benefit claims related to income support or employment assistance, automobile insurance, unemployment insurance and workman's compensation.
Legal aid is sometimes granted for summary offences or certain administrative and civil recourses. The study of the file must lead the legal aid office to believe that it is necessary to provide the legal service requested.
For summary offences, these criteria are:
- the probability of imprisonment for the accused;
- the loss of his means of subsistence; or,
- the best interest of justice given the exceptional circumstances involved in the case, notably its gravity or its complexity.
Criminal Appeals
Appeals by the Crown are covered. Appeals by the applicant are evaluated on a case-by-case basis.
Duty Counsel
Duty counsel services are provided as a right, by staff lawyers, in all criminal, administrative and family court locations. In criminal matters or penal matters, the Commission des services juridiques offers a telephone consulting service, available at all times and making it possible for any individual to secure, free of charge, the assistance of a lawyer at the time of arrest or detention.
Review of Coverage and Eligibility
Decisions made by general managers regarding the granting of legal aid may be appealed within 30 days to a Review Committee.
Administrative Fee
A $50 administration fee is charged to any person eligible for contributory legal aid in order to obtain a certificate of eligibility. But, it is considered in the calculation of the contribution.
A person who is denied legal aid may still be entitled to legal aid services if the general manager feels that the denial would be a serious injustice or would cause the person serious harm.
Sources
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