Legal Aid Eligibility and Coverage in Canada

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TABLE 1 - SUBSTANTIVE COVERAGE

Province Y/N Federal Indictable Offence Y/N Summary Conviction Offence Summary Conviction Offence Exceptions/other Instances Duty Council Criminal Appeals
British Columbia Y If there is a possibility of going to jail; losing their means of livelihood or chance of being deported. Y If there is a possibility of going to jail; losing their means of livelihood or chance of being deported. Anyone under 18 charged with a federal offence has a legal right to a court order appointing a lawyer paid for by the state. Coverage must be provided regardless of financial eligibility or likelihood of imprisonment. Also provide representation to those who: (a) do not face imprisonment but have a mental or emotional disability that prevents them from defending themselves and (b) are Aboriginal, and their ability to follow traditional livelihood of hunting and fishing could be affected if they are convicted of an offence. Those who do not meet the eligibility criteria can still receive summary advice. Provide duty counsel to accused in custody about charges against them, court procedures and their legal rights. Are covered only if they fall within the regular coverage and have a reasonable chance of succeeding.
Alberta Y Cover all federal indictable offences Y Summary conviction offences are covered only if, in the opinion of the Legal Aid Society, there is a likelihood of imprisonment or loss of the means to earn a livelihood upon conviction. The Young Offenders Act grants young people an absolute right to counsel when charged with a criminal offence. This was normally dealt with through the Legal Aid Society. The Society has the discretion to grant coverage where special circumstances warrant the provision of legal aid. The Society operate a criminal duty counsel program at courts in all major centres and also in youth court.Also operate full service duty counsel.They provide service to those who are not already in custody.Duty Counsel may apply for adjournments, speak to judicial interim release, enter guilty pleas and speak to sentence. Coverage is granted to respond to Crown appeals on indictable matters. Coverage for Crown appeals on summary matters is not usually provided unless the original matter is one for which coverage would have been granted, or the Crown is likely to be seeking a sentence of imprisonment. Appeals by the accused must have merit.
Saskatchewan Y Cover all federal indictable offences Y Only if there is a possibility of going to jail; or, of losing their means of livelihood Will cover any proceeding found in the Young Offenders Act The cases must have merit. Staff lawyers are available to those who are financially eligible. Crown initiated appeals are covered. Appeals initiated by the accused are covered, only if the case has merit.
Manitoba Y Cover all federal indictable offences Y The applicant is given a lawyer only if there is a likelihood that s/he will go to jail or lose their job if convicted. Youth are covered for federal indictable offences. Summary convictions are covered only if there is a danger of imprisonment or loss of livelihood. Duty counsel is available in criminal matters and Legal Aid Manitoba also provides full service duty counsel for those denied certificates. Appeals by the Crown are covered only if the accused was eligible for coverage at the onset. Appeals by the accused are covered only the accused has received a jail sentence and his/her case has merit.
Prince Edward Island Y Cover all federal indictable offences Y Summary conviction offences are covered. The likelihood of imprisonment test is not applied to deny coverage but it may be used on a discretionary basis to limit services to minor matters. YOA coverage is provided in all indictable and summary criminal matters. Financial eligibility rules are liberally construed in favour of the young person. Staff lawyers are available at legal aid offices during business hours to provide legal advice and assistance in criminal matters to applicants who may be financially eligible for legal aid. Appeals by the Crown are covered in criminal matters for both youth and adults. The case must have merit or else appeals by the accused are not covered
New Brunswick Y Cover all federal indictable offences Y Some summary offences − most criminal matter applications which are refused by the plan involve a summary conviction with a low probability of jail if convicted. If the court directs that counsel be appointed for a youth, it falls under the purview of the provincial Department of Justice. Most youth will already have received service. The Act allows for the Area Administrator to refuse to provide a certificate by reason that the applicant has been convicted of a similar offence in the past. Duty Counsel is provided in all criminal courts. They also operate full service duty counsel Appeals brought forward by the accused must have merit, be reasonable and have a strong probability of success before they are granted. Appeals are also covered in response to Crown initiated appeals. The same rules apply for youth.
Nova Scotia Y Cover all federal indictable offences Y Only if there is a probability of going to jail. Youth are covered Nova Scotia does not have a formal duty counsel service. There is an informal service providing summary services. Appeals are covered in criminal cases for both adults and youth.
Newfoundland Y Cover all federal indictable offences Only if there is a likelihood of imprisonment; there is a possible defence to that charge; there are circumstances that would mitigate the severity of the punishment that would be imposed; because of extraordinary circumstances in which it would be in the best interest of the client Youth are covered for all federal indictable offences and summary conviction offences. Duty counsel services are available in most of the criminal and youth courts. Appeals in criminal charges are covered if the case has merit or the Crown requests one. The same applies to youth.
Québec Y Cover all federal indictable offences Y Summary conviction offences are covered only if there is a likelihood of imprisonment or loss of the means to earn a livelihood upon conviction. Youth are covered. Duty counsel services are provided as a right, by staff lawyers, in all criminal courts. Appeals by the Crown are covered. Appeals by the applicant are evaluated on a cases by case basis.
Ontario Y Only if there is a probability of going to jail. Certificates are no longer issued when a person may lose their job or means of earning a living as a result. The new area added to the their coverage restrictions states that applicants charged with less serious offences, where there is no probability of going to jail may be able to get help from duty counsel lawyers in the courtroom. Younger persons have a wider range of coverage and services granted to them because of the Young Offenders Act. Systemic factors (type of offence, judicial practices in sentencing and Crown practices in prosecuting ) and personal factors (mental competency of the applicant, whether or not they have been refused bail, or some disability that diminishes their capacity to be treated fairly) are taken into consideration. Duty Counsel is available to clients who meet a simplified income and asset test to the criteria for receiving full services. People in custody and young offenders are excluded from testing . Criminal appeals are covered if appeal must has merit, is reasonable, and has a strong probability of success. Crown appeals are also covered. The same rules apply for youth.