Qualifying for Legal Aid in Canada

Every province and territory sets its own rules for qualification. Generally speaking, you must have little or no money left after you pay for basic necessities such as food and housing. You will have to check with your provincial/territorial Legal Aid Service to see if you qualify.

Legal Aid services are not available for every criminal matter.

Legal Aid is primarily for:

• economically disadvantaged people facing criminal offences where there is a likelihood of incarceration; and
• some young people facing proceedings under the Youth Criminal Justice Act.
• anyone who has experienced workplace sexual harassment, regardless of their economic status;
• people involved in the immigration and refugee-determination system; and
• those experiencing domestic violence, or who want to separate from a partner and need help in obtaining support payments or parenting time.

Generally speaking, Legal Aid is not available for:

• cases where you are being sued or want to sue someone;
• simple divorces;
• hearings for failing to comply with a support order;
• libel or slander cases;
• wills;
• human rights matters; and
• workers safety and compensation commission matters.

Who is using Legal Aid?

According to the DoJ, 559,279 applications for summary or full legal representation were received in 2019-20, with just over half coming from people seeking help with criminal matters. Forty-five per cent were for civil matters, including immigration and refugee matters. The highest proportion of civil matter applications was for family matters (43 per cent), followed by child protection, non-family matters, and immigration and refugee concerns.

Of the 299,330 applications for criminal Legal Aid, 93 per cent were from adults and seven per cent were from youth. Ontario and Alberta were the next two provinces that received the most applications (21 and nine per cent respectively).

In most provinces and territories you can apply for Legal Aid online, by phone or in person. You must demonstrate you have a low income by providing documentation about your work, property and savings. You also have to disclose how many family members live with you and how much money they make. According to the DoJ, financial ineligibility is the most common reason why a Legal Aid application is turned down.

The addresses of Legal Aid offices across Canada are listed here: https://www.cba.org/For-The-Public/Legal-Resources/Legal-Links/Legal-Aid

For online information about eligibility and how to apply, visit your provincial/territorial office at the following addresses:

• British Columbia https://legalaid.bc.ca/
• Alberta https://www.legalaid.ab.ca/
• Saskatchewan https://legalaid.sk.ca
• Manitoba https://www.legalaid.mb.ca
• Ontario https://www.legalaid.on.ca
• Quebec https://www.csj.qc.ca/commission-des-services-juridiques/accueil.aspx?lang=en
• New Brunswick https://www.legalaid-aidejuridique-nb.ca
• Prince Edward Island https://www.princeedwardisland.ca/en
• Nova Scotia https://www.nslegalaid.ca/
• Newfoundland and Labrador https://www.legalaid.nl.ca
• Nunavut https://nulas.ca/
• Northwest Territories https://www.justice.gov.nt.ca/en/boards-agencies/legal-aid-commission/
• Yukon https://www.yukonlegalaid.ca/

Duty counsel is legal assistance rendered without charge to unrepresented individuals making an appearance in court. Duty counsel is funded by Legal Aid and consultations generally occur at court or a place of detention, rather than a lawyer’s office. The services provided are brief and pertain to the provision of summary services, docket court appearances or representation at a first appearance or plea court.

Duty counsel is available for criminal matters across Canada, though only in six provinces (Newfoundland and Labrador, Nova Scotia, New Brunswick, Ontario, Manitoba and British Columbia) for civil matters. A majority of provinces and territories do not apply eligibility criteria for duty counsel services. According to the DoJ, more than 1.2 million duty counsel assists were provided in 2019-20.