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The following webinar is brought to you by CLEONet www.cleonet.ca. CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. Nishnawbe-Aski Legal Services Corporation. LEGAL AID ONTARIO
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The following webinar is brought to you by CLEONet www.cleonet.ca CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario.
Nishnawbe-Aski Legal Services Corporation LEGAL AID ONTARIO What is it and How can it help you?
What is Legal Aid? • It is an independent but publicly funded non-profit corporation. • It helps people who need access to justice resources but don’t have the money to pay for a lawyer.
The Legal Aid Ontario Programs • Certificate Program • Poverty Law Services • Duty Counsel Services
Where can you access LAO services? • The Legal Aid Office closest to you • NALSC • Community Legal workers
NALSC and Legal Aid OntarioWhat services can we provide for you? • Specialty clinics • Community Legal Workers • Duty Counsel lawyers
Duty Counsel/Advice lawyers • Can advise you of your rights and how to protect them • Help clear up any questions you might have about the court process • Assist you to prepare forms and in some motions and hearings • Help you apply for an adjournment, bail or diversion.
Legal Aid Certificates • Cases that are covered • Criminal • Family • Immigration and Refugee matters • Limited civil cases
Criminal Matters • Offence must be likely to result in jail time • Likely is offence was committed while on probation or in jail • Previous criminal conviction or related similar offences • Other relevant or aggravating circumstances present when the offence took place. • Sentencing principles • Outstanding chaarges
Examples of Offences that may be covered • Manslaughter • Assault • Sexual assault • Arson • Breach of probation • Careless use of a firearm • Breaking and entering • And more
Family Law Matters • Usually covers cases where child custody, access and support is in question, and in cases of family violence or abuse. More specifically: • Custody of your children • Dealing with Children’s Aid Societies • Access to your children • Setting up child or spousal support payments • Restraining orders against your partner • And more.
What is not covered by Legal Aid? • Wrongful dismissal • Change of name • Personal Bankruptcy • Powers of Attorney • Money you lent or owe others • Commercial Litigation • Libel, defamation and slander • Adoption • Real Estate matters
How to apply for Legal Aid • Fill out application (why you need a lawyer and why you cannot afford one) • Fill out Financial Assessment
Financial Eligibility • Takes into account person applying and his or her family. • There are two tests: • The Asset test • The Income test
What documents do you need when you apply for Legal Aid? • I.D. • All documents related to your case • Proof of your income • Proof of any assets, money or saving you may have • Proof of monthly expenses and bills • Proof of any unusual expenses such as medical costs. • If you are receiving support from another person then you need their financial information. Your information will remain confidential
What happens after the eligibility tests are done? • You may be granted an application • Free of contribution • With a contribution to your fees • You may be refused because: • You didn’t provide the required financial information • Did not sign a payment or lien agreement with LAO • You were deemed to be able to afford the cost of legal services • You defaulted on a previous agreement • You applied for a certificate for the same matter and failed • Jail is not probable • Your matter is not covered by LAO
What can you do if you disagree with the decision? • If you have been refused legal aid or got legal aid but do not agree with the terms of repayments or don’t think you can afford it, you can: • Appeal the decision to the Area Committee. • Reapply if there is a change to your financial situation.
Where can you go for help? • Call Nishnawbe-Aski Legal Services at 1-800-465-5581. • Contact your local Community Legal Workers. • Contact the LAO provincial office at 1-866-297-5559.