Legal Aid Representation: Difference between revisions
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| service_description = The [[Legal Services Society]] (LSS) provides free legal aid representation (a lawyer to take your case) for financially eligible clients facing some types of [http://www.legalaid.bc.ca/legal_aid/criminalLaw.asp criminal], [http://www.legalaid.bc.ca/legal_aid/familyIssues.asp serious family problems], [http://www.legalaid.bc.ca/legal_aid/childProtection.asp child protection matters], [http://www.legalaid.bc.ca/legal_aid/mentalHealthAndPrison.asp mental health and prison issues], or [http://www.legalaid.bc.ca/legal_aid/immigrationProblems.asp immigration problems]. | | service_description = The [[Legal Services Society]] (LSS) provides free legal aid <span class="noglossary">representation</span> (a lawyer to take your case) for financially eligible clients facing some types of [http://www.legalaid.bc.ca/legal_aid/criminalLaw.asp criminal], [http://www.legalaid.bc.ca/legal_aid/familyIssues.asp serious family problems], [http://www.legalaid.bc.ca/legal_aid/childProtection.asp child protection matters], [http://www.legalaid.bc.ca/legal_aid/mentalHealthAndPrison.asp mental health and prison issues], or [http://www.legalaid.bc.ca/legal_aid/immigrationProblems.asp immigration problems]. | ||
| website = [http://www.legalaid.bc.ca legalaid.bc.ca] | | website = [http://www.legalaid.bc.ca legalaid.bc.ca] | ||
| phone = Toll-free: 1-866-577-2525 | | phone = Toll-free: 1-866-577-2525 | ||
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'''Criminal charges''' if, after you were convicted, you would: | '''Criminal charges''' if, after you were convicted, you would: | ||
*go to jail, | |||
*face a conditional sentence that would severely limit your liberty, | |||
*lose your way of earning a living, or | |||
*face an immigration proceeding that could lead to deportation from Canada. | |||
You can also get a lawyer to represent you if you: | You can also get a lawyer to represent you if you: | ||
*have a physical condition or <span class="noglossary">disability</span> or a mental or emotional illness that makes it impossible for you to represent yourself, | |||
*are Aboriginal and the case affects your ability to follow a traditional livelihood of hunting and fishing, or | |||
*are a youth charged with a federal offence (however if you are in the care of the Ministry of Children and Family Development, you must speak to your social worker to arrange for a lawyer). | |||
{{Tipsbox | {{Tipsbox | ||
| width = 70% | | width = 70% | ||
| tips = If you self-identify as Aboriginal, you have [http:// | | tips = If you self-identify as Aboriginal, you have [http://aboriginal.legalaid.bc.ca/rights/Gladue.php Gladue rights] under the ''Criminal Code''. You may also be able to have your bail or sentencing hearing in the [http://aboriginal.legalaid.bc.ca/rights/firstNationsCourt.php First Nations Court] in North Vancouver, New Westminster, Duncan or Kamloops. | ||
}} | }} | ||
'''Serious family problems''' in the circumstances such as: | '''Serious family problems''' in the circumstances such as: | ||
*you need an immediate court order to ensure your or your children's safety, | |||
*to resolve a serious <span class="noglossary">denial</span> of parenting time or contact with/access to your children, | |||
*when the other parent threatens to remove your children permanently from the province, or | |||
*when you have guardianship or custody of your children and the other parent has contact or access, but he or she has unlawfully held your children and not allowed you to carry out your guardianship or custody responsibilities. | |||
You may also be able to get a lawyer to represent you in other situations, depending on the available funding, your circumstances, and based on a merit test, including: | You may also be able to get a lawyer to represent you in other situations, depending on the available funding, your circumstances, and based on a merit test, including: | ||
*to resolve serious legal issues in high conflict cases, | |||
*when you have experienced court-related harassment (your ex-partner is using the legal system to harass you), | |||
*when you have barriers to self-<span class="noglossary">representation</span> due to emotional abuse, psychological trauma, or mental illness, or | |||
*when all other efforts to resolve the case have been exhausted and resolving the case will make a significant difference to you or your children. | |||
{{Tipsbox | {{Tipsbox | ||
| width = 50% | | width = 50% | ||
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'''Child protection''' cases where: | '''Child protection''' cases where: | ||
*the Ministry of Children and Family Development has taken or has threatened to take child(ren) away, or | |||
*there are guardianship or custody and contact or access issues related to a child in the care of the Ministry for Children and Family Development (foster care). | |||
'''Mental health hearings''' before a Mental Health Review Panel or the BC Review Board. | '''Mental health hearings''' before a Mental Health Review Panel or the BC Review Board. | ||
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|- | |- | ||
| 1 || $1, | | 1 || $1,550 | ||
|- | |- | ||
| 2 || $2, | | 2 || $2,160 | ||
|- | |- | ||
| 3 || $2, | | 3 || $2,780 | ||
|- | |- | ||
| 4 || $3, | | 4 || $3,400 | ||
|- | |- | ||
| 5 || $ | | 5 || $4,020 | ||
|- | |- | ||
| 6 || $4, | | 6 || $4,640 | ||
|- | |- | ||
| 7 or more || $ | | 7 or more || $5,250 | ||
|} | |} | ||
For more information, see | For more information, see [http://www.legalaid.bc.ca/legal_aid/doIQualifyRepresentation.asp Do I qualify for legal representation?] on the LSS website. | ||
== Applying for legal aid <span class="noglossary">representation</span> == | == Applying for legal aid <span class="noglossary">representation</span> == | ||
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===Applying in person=== | ===Applying in person=== | ||
To apply in person, it's a good idea to phone your local legal aid office or check the LSS website to find out the office hours. See | To apply in person, it's a good idea to phone your local legal aid office or check the LSS website to find out the office hours. See [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp Where to find legal aid services]. | ||
You will need to provide information about your case and proof of income, such as two recent pay stubs, a recent welfare stub, or a recent income tax return or bank records. You will also have to provide information about valuable assets such as a car or boat. | You will need to provide information about your case and proof of income, such as two recent pay stubs, a recent welfare stub, or a recent income tax return or bank records. You will also have to provide information about valuable assets such as a car or boat. | ||
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If your area doesn't have a legal aid office or if you can't get to the legal aid office, you can apply over the phone: | If your area doesn't have a legal aid office or if you can't get to the legal aid office, you can apply over the phone: | ||
:Lower Mainland: 604-408-2172 | |||
:Toll-free elsewhere in BC: 1-866-577-2525 | |||
Note that if you don't qualify for <span class="noglossary">representation</span>, you may still be financially eligible for advice services such as [[Duty Counsel|duty counsel]]. You don't have to be financially eligible to receive [http://www.legalaid.bc.ca/legal_aid/legalInformation.asp legal information] from LSS. | Note that if you don't qualify for <span class="noglossary">representation</span>, you may still be financially eligible for advice services such as [[Duty Counsel|duty counsel]]. You don't have to be financially eligible to receive [http://www.legalaid.bc.ca/legal_aid/legalInformation.asp legal information] from LSS. | ||
<noinclude>{{Template:Legal Help Guide Navbox|type=resources}}</noinclude> | <noinclude>{{Template:Legal Help Guide Navbox|type=resources}}</noinclude> | ||
