It should be noted that Ontario also operates legal clinics. They operate under different rules, and their eligibility criteria and scope are also different. Community legal clinics were established in the early 1970s to provide legal services and public legal information, as well as community development, to low-income and disadvantaged individuals. The clinics cater to the unique legal needs of low-income people who need help with life`s most important things, such as livable income and safe housing, as well as access to the most basic social services such as children`s education. Clinics do not usually offer criminal and family law services. These are available from private lawyers who negotiate Legal Aid Ontario certificates. Legal aid is a government program that helps low-income people get legal representation and advice. Although Legal Aid Ontario (LAO) is publicly funded, it is an independent, not-for-profit organization that provides legal aid services in Ontario. For more information on how to get legal aid, please see our guidelines: LAO can provide legal aid to applicants beyond various income and asset levels. They would then need a contribution. This will be determined on a case-by-case basis. LAO can provide amounts for unavoidable but necessary expenses, such as prescriptions, medical supplies and costs related to access to legal aid. A person`s financial eligibility is based on three components: the family unit, the income of the family unit, and the assets of the family unit.
If the person tested has income above the limits and/or assets that exceed the exemption limit, no legal services can be provided. Legal aid will ask you for personal information such as your legal name, date of birth, charges and criminal record. Legal Aid Ontario provides legal aid to financially eligible low-income Ontarians. When you apply for our services, you must take a financial aptitude test. This test allows us to determine if a client is qualified to provide our services. A contribution agreement sets out how much you must repay LAO based on the amount of your gross annual family income that exceeds the income limit. You may have to reimburse some or all of your legal fees. If LAO requires you to reimburse a portion of the legal costs, you are entitled to make monthly payments. Although legal aid is most often available for more serious criminal cases, for example where there is a high probability that a person will go to prison, as well as for charges under the Juvenile Justice Act, it also covers many other legal issues.
On November 1, 2014, we introduced the first of several six per cent annual increases in financial eligibility for all mandatory certificates and counselling services. Legal clinics funded by Legal Aid Ontario also saw their licensing policies increase on November 1, 2014. These increases have allowed us to expand access to our services in areas such as family, immigration, refugees, mental health, criminal law and poverty law. For more information about legal aid, including the services available and the types of legal questions, visit the other sections of the Legal Line or visit the Legal Aid Ontario website. An amount above this limit is considered available for attorneys` fees. Other assets that can be sold or easily converted into cash can also be identified as liquid assets. While an applicant may own a home while receiving legal aid, LAO may assume a lien on their property. The mandatory counselling program provides criminal, family law and child protection legal services to low-income Ontarians who do not have a lawyer. If the assets correspond to the estimated costs of the lawyer`s fees, the applicant will be denied any form of legal aid. If the assets are less than the estimated cost of legal aid, the client is offered legal aid, but must make a contribution determined on the basis of solvency. Approximately 5,000 lawyers contribute to the legal aid program by accepting lower rates and limits on hours billed for the legal services they provide to LAO clients.
Eligibility for legal aid in Ontario is determined by provincial regulations. In the past, eligibility criteria were linked to provincial social benefits. The financial eligibility level was last changed in 1995, when changes were made to provincial social benefit rates. Financial eligibility is determined through a “needs test”. It takes into account the revenues, but also the expenses and liabilities of the applicants. Non-contributory legal aid is granted on the basis of an assessment of the maximum amounts, including basic aid, debt and housing assistance. Applicants may obtain legal aid if they do not exceed the allowances. There is an “income exemption element” in the application determination process that “accelerates” applicants with very low incomes by valuing assets. The shortfall is not a minimum income, but a tool or measure to determine whether a more detailed assessment is needed. Most social assistance recipients are automatically entitled to free legal aid (provided that it does not go beyond the property test). To be eligible for legal aid services such as duty counsel (for criminal, family protection and child protection matters) and summary legal advice (through the toll-free telephone service), your gross annual family income as of April 1, 2020 must: Community legal aid services have, in certain circumstances, some discretion in the application of these eligibility guidelines. To be eligible for a legal aid certificate, you must have a legal problem that covers LAO and, as of April 1, 2020, your gross annual family income and family size must meet the following requirements: If you have income or property, you may be eligible for a certificate with a contribution agreement.
This means that you will have to reimburse LAO some or all of your legal fees depending on your income level. It is important to note that legal aid may also consider a person associated with the applicant who is not a family member, but who may be considered another source of legal fees. However, this is at the discretion of the Area Manager. These may be people who contribute to the needs of the applicant, for example, a roommate renting. If your gross family income is higher than the amount shown in this table, you may not receive a legal aid certificate: gross family income ceilings are higher for victims of family violence. To get a legal aid certificate if you are a victim of domestic violence, your gross family income must be less than the amount shown in this table: It is important to note that community legal clinics operate independently of LAO and have their own eligibility criteria. Please see Legal Line`s Community Legal Clinic topic for more information. The size of the family unit determines who needs to be assessed in the context of the client`s application for legal aid. All allowances are measured by family size. If your gross family income is too high to get a legal aid certificate, you can still get help paying for a lawyer. LAO can give you money and ask you to pay back some or all of the money later in monthly payments.
The amount you have to pay each month depends on your gross family income. This is called a contribution agreement. If you are financially qualified and have a legal issue that we cover, we will help you pay for a lawyer to represent you. Check out the table below to see if you qualify financially. You can use the Find a Lawyer tool to find a lawyer who accepts legal aid. To qualify for legal aid in Ontario, you have little or no money left after paying for basic needs such as food and shelter. Recipients of social assistance are almost always entitled to legal aid. You may be eligible for legal aid even if you have money in the bank or even if you own a house. Legal aid is only available for people with specific legal problems. Depending on your situation, LAO may cover all or part of your legal costs.
Legal Aid Ontario also funds 72 community clinics and seven teaching hospitals (student legal aid societies) across the province. These organizations employ lawyers, legal staff, paralegals, volunteer law students and administrative staff to provide information, legal advice and representation. People who have also received legal aid include: Depending on the type of help you need and your financial situation, all or part of your legal fees may be covered. LAO has adopted financial eligibility guidelines, which apply depending on the level of legal assistance required.
