This is just an overview of legal aid in the context of provincial court. LSS also has a wealth of free public legal information available in courthouses and online. These resources will help people understand their rights and obligations under the law and describe what legal aid can – and cannot – do for people with legal problems. To find out more about the scope of legal aid, visit the LSS website. You can ask a legal aid lawyer to help you with the following: To find out if you qualify for a legal aid lawyer, it is best to call the call centre or go to a legal aid centre and apply. Visit Youth Services for legal services and resources for youth. There are also defence lawyers in B.C. provincial courts to assist people with bail hearings and provide legal advice on criminal charges, prosecutions and legal rights. LSS also provides public defenders before First Nations courts. If you meet the requirements regarding the nature of the legal problem, then the application will proceed to the financial eligibility assessment. Monthly income, as well as your household assets, are the main factor in this decision.
You will need to prove that your household income is below certain thresholds before you qualify. Only a Legal Aid Legal Admissions Assistant can determine if you are financially eligible. Here are some of the aspects of your monthly income that Legal Aid will assess: Legal Aid BC has also expanded financial eligibility for its family replacement service with new funding from the provincial government (see Attorney General`s news release). To receive a so-called family replacement service, the financial entitlement limit is now up to $1,000 per month higher than what is required for standard family replacement services. If a lawyer is hired to provide limited representation in family law, they can help clients arrange or negotiate a settlement, or if clients` legal issues cannot be resolved, they can provide advice on self-representation. Here are some of the things a legal assistant includes in your monthly income: Criminal assistance Here`s another typical scenario: Let`s say the police charge someone with assault or theft over $5,000 – would they get legal aid? Yes, if their income meets LSS`s financial guidelines and they face a criminal complaint that carries a real risk of imprisonment, they will get a free lawyer to represent them in court. Low-income persons accused of a crime are also entitled to legal representation if they face a suspended prison sentence that would severely restrict their liberty, or if they are convicted of earning a living, or if they face immigration proceedings that could lead to deportation. To find out if you are eligible for free legal advice or representation, visit Legal Aid BC. Ask a lawyer to take your case and represent you in court. More than 25,000 people receive legal assistance each year. Applicants with incomes below the guidelines may own certain assets and still qualify for legal aid. A woman comes to a legal aid office and asks for help – she wants her husband, who no longer lives with her and the children, to stop harassing her.
She explains that he makes threats and that while they were still living together, he attacked her and did not let her see her family or find work. She took the children to a women`s shelter. Now her husband is threatening to harm her and remove the children from British Columbia. There are five asset classes. Each category has different limitations, but in general, applicants may have personal property (e.g. adequate family facilities), a small amount of liquid assets (e.g. cash, bank accounts) and equity up to $5,000 in vehicles without being eligible for legal aid. There are the following categories: Applicants who are denied legal aid have the right to have this decision reviewed. The CEO or his/her designate makes the final decisions about the reviews. You must file an appeal within 21 days of receiving the decision.
There are two maximum income levels: one for criminal cases and one for all other cases. These different levels were introduced in 1997 due to budgetary constraints. In 2000, however, the financial eligibility limits for applicants were increased to bring the number of criminal cases back to pre-1997 levels. In July 1995, the NSSO introduced a sliding scale of client contributions in accordance with the income directives. Claimants whose household income falls under the LSS contribution guidelines after deduction must pay a contribution of between $25 and $100 before they can be referred to a lawyer or paralegal. (Contributions may be carried forward for referrals to the CBSA and families in the event of an emergency.) To obtain legal aid, the client must agree to reimburse all or part of his legal aid if his financial situation improves and his eligibility is reassessed. The purpose of this section is to provide an up-to-date list of legal aid plans in Canada other than the territories. Unlike Statistics Canada publications, this inventory focuses only on legal aid for criminal matters and deals only with eligibility criteria and coverage limits. Areas such as lawyers` fees or expenses are not included. However, it builds on Statistics Canada publications and updates information on each plan to date (as of January 2002). A legal advisor at your local office will check the value of your property to determine your financial eligibility for legal aid.
You can also access information online about your legal problem, including: Family legal support Would the LSS provide the woman with a free lawyer to go to provincial court to apply for a protection order against her partner? The answer is yes. Legal aid is available for serious family law cases involving violence or threats of violence – for anyone whose income is in line with LSS financial guidelines. All legal aid agencies and counselling services are only available to low-income individuals. Legal aid is available to eligible applicants if they are charged with a criminal offence (the most serious offence, punishable by at least two years` imprisonment) or a summary conviction (less serious than a criminal offence, usually punishable by a maximum penalty of $2,000 and six months imprisonment). Hybrid offences (where the prosecutor decides whether the offence is treated as a criminal offence or as a summary conviction) are also covered. British Columbia has a “Brydges Hotline,” which is a 24-hour toll-free telephone line to provide access to legal advice to people who have been arrested, detained or investigated but have not yet been charged and need emergency advice. You do not need to be financially eligible to receive criminal or immigration legal advice. The Legal Services Society conducts an income and wealth test to determine financial eligibility.
An applicant whose net household income and assets are below the specified limits is eligible for legal aid. Receptionists assess an applicant`s financial situation to determine their net income and household wealth. What happens if my financial situation changes after I receive legal aid? Visit the Indigenous Legal Resources page for Indigenous legal resources. As part of its mandate, the NSSO must provide legal representation to financially empowered persons accused of criminal offences who, if convicted: The NSSO uses net income. Net income includes income from all sources, including foster families, student loans and support received. The NSSO allows the following deductions when assessing an applicant`s finances: child tax benefit, family premium, GST payment, tuition or book fees. Net income is calculated by adding income from all sources and subtracting deductions. Deductions include child care expenses, child maintenance, court penalties, drug costs and the cost of an interpreter for court proceedings.
We provide legal assistance in British Columbia. The law is complicated, but not everyone can afford a lawyer. We can help you with your legal problem. If there is no legal aid centre in your area or if you cannot get to the office, you can seek legal representation by calling our provincial call centre. A Justice of the Peace (JP) is a bailiff appointed to keep the peace.
