Canadian Law Blawg

Qualifying for Legal Aid in Canada

We often get asked about how to get financial assistance for legal matters. The answer to your questions about securing a legal aid certificate depends on several factors, including:

1. Your legal situation. For example, is it a family law issue involving children custody? Is it a legal dispute where you were not happy with contractor’s work and you want to sue them in small claims court? Or is a criminal issue where you are facing jail time?
2. Where you live. For example, do you live in the Province of Ontario? Or do you live in the USA but are attending family law court in British Columbia? Or do you live in England and wish to emigrate to Canada?
3. How much money you make. Are you currently employed? Unemployed? On social assistance?

As you can see, there are plenty of variables in determining if you qualify for a legal aid certificate. The seriousness of the matter, where you live, and how much money you make can all play a factor. And every province has different criteria for qualifying.

To help you find out if you qualify - as we can’t answer that for you - we have provided the links to the provincial legal aid societies. Contact the legal aid office for the province in which you live (or the province in which you legal action is being heard).

• Legal Aid Society of Alberta - The mission of the Legal Aid Society of Alberta is to facilitate equality of access to the justice system through the provision of legal services in serious legal matters to those who would not otherwise be able to finance them solely from their own resources.

• Legal Services Society - British Columbia - If you have a legal problem but you can’t afford a lawyer, the Legal Services Society — an independent, non-profit organization that provides legal help for people in BC — may pay for a lawyer for you. This is called legal aid. You must qualify under legal aid guidelines to get a legal aid lawyer.

• Legal Aid Manitoba

• Legal Aid New Brunswick - Provides the Duty Counsel lawyers at Provincial Court in Sussex, Hampton, Saint John and St. Stephen in both adult and youth courts. Also provides lawyers for trials to successful applicants for serious criminal charges and for parents when the Department of Health and Community Services is applying for permanent custody of the child/children.

• Legal Aid Newfoundland - The Legal Aid Commission ensures that persons with limited financial means have access to legal counsel.

• Legal Aid Commission, Nova Scotia - The Commission has thirteen community-based law offices, as well as 2 sub-offices. Legal services are provided mainly in the areas of family and criminal law to persons whose income is derived primarily from municipal or provincial social assistance, or to persons in an equivalent financial position.

• Legal Aid Ontario - Legal Aid in Ontario is available to low income individuals and disadvantaged communities for a variety of legal problems, including criminal matters, family disputes, immigration and refugee hearings and poverty law issues such as landlord/tenant disputes, disability support and family benefits payments.

• Prince Edward Island Legal Aid - This program provides representation in family and criminal law to clients who, for financial reasons, would be unable to obtain essential legal services from the private sector. The program is cost-shared by the Federal Government.

• Québec Legal Aid - Set up in 1972, the legal aid program is especially intended for the economically disadvantaged. It gives them access to the courts, the professional services of an attorney or a notary, and the information they need regarding their rights and obligations.

• Legal Aid Saskatchewan - The Legal Aid Act establishes the Saskatchewan Legal Aid Commission to provide legal services to persons and organizations for criminal and civil matters where these persons and organizations are financially unable to secure those services from their own resources.