The following webinar is brought to
you by CLEONet
www.cleonet.ca
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
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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?
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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?
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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
1-800-465-5581.
• Contact your local Community Legal
Workers.
• Contact the LAO provincial office at 1866-297-5559.