The following webinar is brought to you by CLEONet CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario.
Nishnawbe-Aski Legal Services Corporation LEGAL AID ONTARIO What is it and How can it help you?
What is Legal Aid? It is an independent but publicly funded non-profit corporation. It helps people who need access to justice resources but don’t have the money to pay for a lawyer.
The Legal Aid Ontario Programs Certificate Program Poverty Law Services Duty Counsel Services
Where can you access LAO services? The Legal Aid Office closest to you NALSC Community Legal workers
NALSC and Legal Aid Ontario What services can we provide for you? Specialty clinics Community Legal Workers Duty Counsel lawyers
Duty Counsel/Advice lawyers Can advise you of your rights and how to protect them Help clear up any questions you might have about the court process Assist you to prepare forms and in some motions and hearings Help you apply for an adjournment, bail or diversion.
Legal Aid Certificates Cases that are covered Criminal Family Immigration and Refugee matters Limited civil cases
Criminal Matters Offence must be likely to result in jail time Likely is offence was committed while on probation or in jail Previous criminal conviction or related similar offences Other relevant or aggravating circumstances present when the offence took place. Sentencing principles Outstanding chaarges
Examples of Offences that may be covered Manslaughter Assault Sexual assault Arson Breach of probation Careless use of a firearm Breaking and entering And more
Family Law Matters Usually covers cases where child custody, access and support is in question, and in cases of family violence or abuse. More specifically: Custody of your children Dealing with Children’s Aid Societies Access to your children Setting up child or spousal support payments Restraining orders against your partner And more.
What is not covered by Legal Aid? Wrongful dismissal Change of name Personal Bankruptcy Powers of Attorney Money you lent or owe others Commercial Litigation Libel, defamation and slander Adoption Real Estate matters
How to apply for Legal Aid Fill out application (why you need a lawyer and why you cannot afford one) Fill out Financial Assessment
Financial Eligibility Takes into account person applying and his or her family. There are two tests: The Asset test The Income test
What documents do you need when you apply for Legal Aid? I.D. All documents related to your case Proof of your income Proof of any assets, money or saving you may have Proof of monthly expenses and bills Proof of any unusual expenses such as medical costs. If you are receiving support from another person then you need their financial information. Your information will remain confidential
What happens after the eligibility tests are done? You may be granted an application Free of contribution With a contribution to your fees You may be refused because: You didn’t provide the required financial information Did not sign a payment or lien agreement with LAO You were deemed to be able to afford the cost of legal services You defaulted on a previous agreement You applied for a certificate for the same matter and failed Jail is not probable Your matter is not covered by LAO
What can you do if you disagree with the decision? If you have been refused legal aid or got legal aid but do not agree with the terms of repayments or don’t think you can afford it, you can: Appeal the decision to the Area Committee. Reapply if there is a change to your financial situation.
Where can you go for help? Call Nishnawbe-Aski Legal Services at Contact your local Community Legal Workers. Contact the LAO provincial office at