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Legal Aid
- Financial Eligibility
- Civil Coverage
- Appeals of Legal Aid Refusals
- What does Legal Aid do?
- How can I get Legal Aid?
- Is there an application fee?
- What information willl I need for the interview?
- Is Legal Aid free?
- How much will Legal Aid cost?
- How do I repay Legal Aid?
- Can I apply for Legal Aid if I still owe money?
- What is Duty Counsel?
- I am not eligible for Legal Aid. What can I do?
- Legal Aid Offices
- Family Law: divorce, guardianship, maintenance, custody, access, matrimonial property, affiliation;
- Child Welfare: temporary and permanent guardianship orders, secure treatment orders;
- Immigration: refugee claims, deportation/departure orders;
- Mental Health issues: Review Panels, Board of Review;
- Administrative Tribunals: social assistance, workers compensation, unemployment;
- General lawsuits/damage actions.
Some of the following information has been taken from the Legal Aid Society
of Alberta website and was current at the time of posting. For more information,
you can access the Legal Aid Society website directly at http://www.legalaid.ab.ca.
Legal Aid appoints lawyers to represent people who need assistance for
criminal or civil legal matters and who are unable to pay for a lawyer themselves.
Types of legal problems covered include criminal charges; child welfare
matters; maintenance, custody, divorce or other family matters; immigration
issues, administrative tribunals, and other general lawsuits. If you are
eligible for legal aid, the Legal Aid Society will try to assign a lawyer
that you choose to represent you. The lawyer must have an office in the
area where you case will be dealt with, and must be a lawyer that accepts
Legal Aid cases. Legal
Aid offices have lists of lawyers who have indicated that they will
accept legal aid cases. In Edmonton, Calgary, and Lethbridge there is a
Family Law office. In Red Deer there is a Central Alberta Law office.
FAMILY LAW OFFICE
In Edmonton, Calgary, and Lethbridge the Legal Aid Society has a specialized
office for issues relating to family law called the Family
Law Office. The Edmonton, Calgary, or Lethbridge Legal Aid office will
process your application for legal aid. If you are eligible you can choose
to have a lawyer from the family law office represent you. You can still
choose to have a lawyer in private practice represent you, as long as that
lawyer accepts legal aid cases.
CENTRAL ALBERTA LAW OFFICE
There is also a specialized staff lawyer office in Red Deer which deals
with civil law issues, including family law. The Central
Alberta Law Office serves Red Deer and the surrounding communities.
The initial application for Legal Aid will be made to the Red Deer Legal
Aid office. If you are eligible, you may then choose to be represented by
someone from the Central Alberta Law Office.
ELIGIBILITY
Eligibility for Legal Aid is defined by the Rules of the Legal Aid Society
and includes both financial and substantive eligibility criteria as described
below. Financial eligibility is determined by assessing your income and
assets to see if they are below the limits set by the guidelines. Substantive
eligibility is determined by assessing the type and merits of your legal
issue. If you are found to be eligible to receive Legal Aid a certificate
will be issued which authorizes a lawyer to act on your behalf subject to
the rules of Legal Aid.
FINANCIAL ELIGIBILITY
Financial eligibility is figured out by adding up your family income (before
taxes) and the value of any property you own (e.g., car, house, jewellery).
The gross income figure is compared to a scale that takes into account the
size of your family.
"Family" consists of you, your spouse and any dependents. The term "gross
family income" means all monies received by the family before deductions.
In the case of common law relationships, common law spouses and their dependents
are considered family.
Applicants who are on the borderline of financial eligibility may be extended
coverage on a "contributing basis". This means you are required to make
monthly payments as a condition of receiving legal aid.
The Society frequently exercises discretion in favour of applicants when
income and/or assets are slightly over the guidelines if the applicants
are unable to retain a lawyer privately.
A chart illustrating the current family annual and monthly guidelines
can be viewed on the Legal Aid website at www.legalaid.ab.ca.
Legal Aid provides funds for legal assistance in both criminal and civil
cases. Civil matters include the following:
SUBSTANTIVE ELIGIBILITY IN CIVIL CASES
The Legal Aid Rules provide that a financially eligible applicant may
be granted legal aid in a civil matter where that matter is subject to the
jurisdiction of the courts, and has merit or a likelihood of success, or
both. The case must also be one which a reasonable person of modest means
would commence or defend and the circumstances at the time of application
must warrant coverage. The legal costs of commencing or defending the action
must be reasonable when compared with the relief sought. A legal opinion
may be obtained to assist in determining merit or likelihood of success
as well as the other requirements for coverage.
Financial support for appealing a civil decision is assessed on merits.
Coverage is determined by the Northern/Southern Director or referred to
the Regional Committee. Civil appeals to the Supreme Court of Canada are
within the sole jurisdiction of the Appeals Committees.
If you are told you cannot get Legal Aid, you will get a letter explaining
why. You have the right to appeal this decision to a Regional Committee.
Your appeal must be in writing but you can appear in person before the Regional
Committee if you request to do so. Each local legal aid office has a Regional
Committee of lawyers and people from the community.
If the Regional Committee says no, you can appeal further to the Northern/Southern
Appeals Committee. You can appear in person before the Appeals Committee.
The decision of the Appeals Committee is final.
Call the nearest Legal Aid office to find out if you can obtain assistance.
An interview will be arranged. If Legal Aid cannot help you, other services
or agencies will be suggested that may be able to help. If you are being
held in a remand facility, a correctional institute or a hospital, contact
Legal Aid directly by telephone or ask the facility staff to arrange an
interview. Legal Aid staff make regular visits to these facilities.
No.
You will be asked to explain the nature of your legal problem. Details
of your financial situation (current income, annual income, assets, what
you own) and your living arrangements will be requested. You may be required
to show proof of this information. This is required in order to determine
if you qualify for Legal Aid. If you have been served with legal documents,
bring these to your interview. All information is treated confidentially.
Interviewing staff are not lawyers. They are unable to provide legal advice.
No, Legal Aid is not free. Legal Aid services, however, are often less
costly than a lawyer on a private basis.
The cost of each case will change according to its seriousness and complexity.
Once the facts of your legal problem are known, the Legal Aid lawyer may
be able to estimate the cost. There is a Legal Aid Tariff which sets out
the amounts that lawyers can charge for specific items. The tariff can be
seen at your local Legal Aid office, or possibly on the internet (e.g. see
Legal
Aid Alberta Tariff). No interest is charged on outstanding accounts.
You do not have to repay the GST part of the lawyer's bill.
Depending on your financial situation, you may be asked to make a down
payment and/or regular monthly payments. If you own property, you may be
asked to sign a mortgage or other security to ensure repayment. Clients
with cash bail or those likely to receive proceeds from their legal action
may be required to assign the rights to this money to Legal Aid.
When your case is finished, a bill will be sent to you showing the balance
owing on your Legal Aid account. If you are not already making payments,
a repayment schedule will be set up that is in line with your current financial
situation. Interest is not charged on outstanding accounts.
Yes, if you have not yet repaid your Legal Aid bill and you run into a
new legal problem, you may apply for further help through Legal Aid.
If you must appear in Court and you have not hired a lawyer, duty counsel
may be able to help. Duty counsel lawyers can assist with adjournments,
entering guilty pleas, reviewing protection orders, speaking to sentence,
and speaking to your release. These services are free of charge and priority
is given to people in custody. Contact your nearest Legal Aid Society office
for more information on duty counsel.
Financial help to take legal action is available, but is limited. In order
to be eligible for help from Legal Aid you have to fall within certain income
brackets.
If you have some income or savings, you may not qualify for financial
help. You may still feel you do not have enough money to cover legal costs
by yourself.
If you find yourself in this situation there are some courses of action
you can consider.
The Law Society in your province might have a Lawyer Referral Service.
In Alberta, this service can be reached toll free at 1-800-661-1095 and
at 228-1722 in Calgary. When you call, the operator will ask what area of
the law you need assistance with and will give you the names of three lawyers
to call who practice in that area of law. You can call and see all three
lawyers if you want to. Each lawyer will give you one half hour of free
time. At the end of the interviews, you can decide if you want to hire one
of those lawyers and the lawyer can decide if he or she will take your case.
When talking with a lawyer for the first time, be sure to give all the
information about the kind of help you need. Do not be afraid or embarrassed
to talk about how much it will cost. You will want to know how much the
process will cost under the best and worst case scenarios. Exact figures
may be difficult, but the lawyer should be able to give you an idea. If
you have limited financial resources, ask if there is any opportunity to
work out a payment schedule. Ask to be billed regularly so that you do not
receive a big bill at the end.
You can use the legal system yourself or with the help of people who work
in the justice system. For example, if you apply for a peace bond to keep
an abusive partner away from you, much of the paperwork is done by people
in the criminal court system. There may be agencies in your area that will
assist you in presenting a case. Some civil courts provide leaflets describing
how to apply for a restraining order by yourself.
It is important to remember, however, that family law can be complex and
it is worthwhile to get some legal advice before starting on a course of
action that may end up costing you more financially and emotionally.
CALGARY EDMONTON FORT MCMURRAY GRANDE PRAIRIE LETHBRIDGE MEDICINE HAT PEACE RIVER RED DEER ST. PAUL WETASKIWIN WHITECOURT
Toll Free RITE Line 310-0000 and ask for the nearest Legal Aid Office
See also www.legalaid.ab.ca
CIVIL COVERAGE
APPEALS OF LEGAL AID REFUSALS
HOW CAN I GET LEGAL AID?
IS THERE AN APPLICATION FEE?
WHAT INFORMATION WILL I NEED FOR THE INTERVIEW?
IS LEGAL AID FREE?
HOW MUCH WILL LEGAL AID COST?
HOW DO I REPAY LEGAL AID?
CAN I APPLY FOR LEGAL AID IF I STILL OWE MONEY?
WHAT IS DUTY COUNSEL?
I AM NOT ELIGIBLE FOR LEGAL AID. WHAT CAN I DO?
LEGAL AID OFFICES
#1800, 639 5th Avenue SW
Standard Life Tower
Telephone: (403) 297-2260
300, 10320 - 102 Avenue
Telephone: (780) 427-7575
717 West Tower, 9915 Franklin Avenue
Telephone: (780) 743-7356
Suite 1128, 9909 - 102 Street
214 Place
Telephone: (780) 538-5470
1102 Lethbridge Center Tower
244, 200 4th Avenue South
Telephone: (403) 381-5194
304,Medicine Hat Provincial Building
346 - 3rd Street S.E.
Telephone: (403) 529-3553
9621 - 96 Avenue
Telephone: (780) 624-6250
110 Millennium Centre
4909 - 49 Street
Telephone: (403) 340-5119
4902 - 50 Street
Telephone: (780) 645-6205
Main Floor, Provincial Building
5201 - 50 Avenue
Telephone: (780) 361-1331
207, 5115 49 Street
Telephone: (780) 778-7178
May 2009
