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February 2006
Current Event…A greater number of Quebecers now eligible for legal aid
As of January 26, 2006, a greater number of Quebecers are entitled to receive legal aid. The provincial government increased the maximum income thresholds for legal aid, both for single individuals and families.
For example, the maximum income for a single person eligible for free legal services has been increased from $8,870 to $9,695, and from $12,640 to $13,816 for a person paying a small contribution. New yearly increases in these income thresholds have been projected until 2010.
Are you familiar with legal aid services? Do you know who has a right to access legal aid and under what circumstances? In the text that follows, Éducaloi sheds some light on legal aid.
What is legal aid?
Legal aid is a government program that provides the services of a lawyer to people who need it but who have very little financial means. Eligibility for the program is based on a person's gross income, assets, liquidities, and family situation.
There are two levels of legal aid: free and with a contribution. Free legal aid allows eligible individuals to take advantage of a lawyer’s services at no cost. Contributory legal aid is designed for people whose income is too high for them to qualify for free legal aid, but who nevertheless need help paying for legal services.
An eligible person seeking legal services can either contact a lawyer at his regional legal aid office or a lawyer of his choice. In the latter case, however, the lawyer has to accept the legal aid mandate – that is, the lawyer has to agree to be paid at standard legal aid rates. Under these rates, a lawyer will receive a set amount for each professional task or activity performed in the case, rather than an hourly fee.
Who can obtain legal aid?
First of all, anyone receiving social assistance (welfare) is eligible for legal aid.
A person who does not receive social assistance but whose income is very low may also be eligible. In order to determine eligibility and whether the individual will receive free or contributory aid, the person’s income, liquidities, and assets are taken into account (as well as those of her spouse). Her particular circumstances are also taken into consideration: does she live alone or as a couple? How many children does she have, if any?
Based on these criteria, it's determined whether a low-income individual is eligible for a lawyer’s services free of charge or with a contribution. The contribution amount varies between $100 and $800.
To find out more about eligibility criteria and income limits for both free and contributory legal aid, check out the tables available on the website of the
Commission des services juridiques, the organization responsible for the administration of legal aid.
Where and how can I obtain legal aid?
An individual who would like to receive legal aid services must apply to the legal aid office closest to his home. He will be asked to fill out and sign a form describing his financial circumstances, as well as those of his family members.
By signing the application for legal aid, the person promises to inform the legal aid office of any change in his financial situation (or that of his family) that might affect his eligibility.
When applying for legal aid, a person must declare that the information and documents provided are accurate and authorize the legal aid office to verify the information. For example, the legal aid office might check the information with the Ministère du Revenu or the Ministère de la Solidarité sociale. Anyone who provides false information risks facing considerable fines.
After examining the file, the legal aid office informs the individual whether he is eligible or not.
What legal services are covered?
Generally, a person can receive legal aid whether he is a plaintiff or a defendant in a civil or family action, or even a defendant in a criminal trial.
However, you should keep in mind that legal aid does not cover
all legal services. When evaluating a person’s eligibility, the legal aid office considers not only his financial resources, but also the nature of his case.
Legal aid is always granted in family matters and for criminal defence. It is almost always granted for benefit claims related to income support, automobile insurance, employment insurance, or workplace injury.
Legal aid is sometimes granted for civil recourses, summary procedures or certain other recourses if the legal aid office believes they are necessary. Finally, legal aid is never granted in cases involving defamation or libel, contesting the results of an election, or parking infractions.
