The crisis worker told Rose about Legal Aid. Rose may be able to get legal help at a lower cost.

• 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

Much 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.

ELIGIBILITY

Eligibility for Legal Aid coverage is defined by the Rules of the Legal Aid Society and encompasses both financial and substantive eligibility criteria as outlined below.

FINANCIAL ELIGIBILITY

Financial eligibility is determined by a calculation of individual and family gross income as well as a valuation of accumulated assets. The gross income figures are compared to a fixed scale of financial guidelines which takes into account family size.

"Family" consists of the applicant, 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 counsel privately.

A chart illustrating the current family annual and monthly guidelines can be viewed on the Legal Aid website at www.legalaid.ab.ca.

CIVIL COVERAGE

Civil coverage includes matters which are not Adult Criminal or Young Offenders Act 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.

Civil matters include the following:

• 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.

APPEALS OF LEGAL AID REFUSALS

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. If you appeal a refusal, you can appear in person before the Regional Committee. Each local legal aid office has a Regional Committee of lawyers and people from the community.

Decisions of Regional Committees may be further appealed by the applicant or by the administration of the Society to the Northern/Southern Appeals Committee. An applicant has the right to appear in person before the Appeals Committee. The decision of the Appeals Committee is final.

WHAT DOES LEGAL AID DO?

We provide lawyers at an affordable cost to people who need assistance for criminal or civil legal matters and who are unable to retain a lawyer from their own resources. Types of legal problems covered include criminal charges; child welfare matters; maintenance, custody, divorce or other family matters; immigration issues administrative tribunal and other general lawsuits.

HOW CAN I GET LEGAL AID?

Call the nearest Legal Aid office to find out if we can help you. We will set up an interview to talk with you. If we cannot hellp you, we can suggest other services or agencies that may be able to help. If you are being held in a remand facility, a correctional institute or a hospital, contact us directly by telephone or ask the facility staff to arrange an interview. Legal Aid staff make regular visits to these facilities.

IS THERE AN APPLICATION FEE?

No.

WHAT INFORMATION WILL I NEED FOR THE INTERVIEW?

You will be asked to explain the nature of your legal problem. We need details of your financial situation (current income, annual income, what you own) and your living arrangements. You may be required to show proof of this information. This is required in order to determine if you qualify for our services. If you have been served with legal documents, bring these to your interview. All information is treated confidentially. Since interviewing staff are not lawyers, they are unable to provide advice.

IS LEGAL AID FREE?

No, Legal Aid is not free. Legal Aid services are often less costly than a lawyer on a private basis.

HOW MUCH WILL LEGAL AID COST?

The cost of each case will change according to its seriousness and complexity. Once we know the facts of your legal problem, the Legal Aid lawyer may be able to estimate the cost.

HOW DO I REPAY LEGAL AID?

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, we will send you a bill 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.

CAN I APPLY FOR LEGAL AID IF I STILL OWE MONEY?

Yes, if you have not yet repaid your bill and you encounter a new legal problem, you may apply for further help through Legal Aid.

WHAT IS DUTY COUNSEL?

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.

I AM NOT ELIGIBLE FOR LEGAL AID. WHAT CAN I DO?

Financial assistance to take legal action is available, but is subject to limits. In order to be eligible for help from Legal Aid or from an agency such as the Protective and Restraining Order Project in Edmonton, you have to fall within certain income brackets.

If you have some income or savings, you may not qualify for financial help. You may 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 large 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, the work is done by personnel in the criminal court system. There are Family Court Councillors in Youth and Family Court who can help with presenting cases; 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.

LEGAL AID OFFICES

CALGARY
1100, 6654 - 8th Street S.W.
Telephone: (403) 297-2260

EDMONTON
300, 10320 - 102 Avenue
Telephone: (780) 427-7575

FORT MCMURRAY
171 West Tower, 9915 Franklin Avenue
Telephone: (780) 743-7356

GRANDE PRAIRIE
1301, 10320 - 99 Street
Telephone: (780) 538-5470

LETHBRIDGE
1102, 400 5th Street South
Telephone: (403) 381-5194

MEDICINE HAT
304, 346 - 3rd Street S.E.
Telephone: (403) 529-3553

PEACE RIVER
9621 - 96 Avenue
Telephone: (780) 623-6250

RED DEER
6th Floor, 4920 - 51 Street
Telephone: (403) 340-5119

ST. PAUL
4902 - 50 Street
Telephone: (780) 645-6205

WETASKIWIN
Main Floor, 5201 - 50 Avenue
Telephone: (780) 361-1331

WHITECOURT
2nd Floor, 5020 - 52 Avenue
Telephone: (780) 778-7178

Toll Free RITE Line 310-0000 and ask for the nearest Legal Aid Office

September 2005