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Difference between revisions of "Governing Legislation and Resources for Criminal Law (1:II)"

From Clicklaw Wikibooks
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If appropriate, the client should be advised to contact Legal Aid directly at (604) 408-2172. See '''Chapter 23:  Referrals''', or the blue pages of the phone book, for more information.
If appropriate, the client should be advised to contact Legal Aid directly at (604) 408-2172. See '''Chapter 23:  Referrals''', or the blue pages of the phone book, for more information.


====a) Financial Eligibility====
'''a) Financial Eligibility'''


The Legal Services Society will grant a letter of referral to applicants who meet the Society’s financial eligibility requirements. These can be found at [https://lss.bc.ca/legal_aid/doIQualifyRepresentation www.lss.bc.ca/legal_aid/doIQualifyRepresentation.php].  
The Legal Services Society will grant a letter of referral to applicants who meet the Society’s financial eligibility requirements. These can be found at [https://lss.bc.ca/legal_aid/doIQualifyRepresentation www.lss.bc.ca/legal_aid/doIQualifyRepresentation.php].  
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There is some flexibility in the requirements, subject to the discretion of the person assessing the application. Clients will be required to fill out a means test indicating income, expenses, education, and employment history.
There is some flexibility in the requirements, subject to the discretion of the person assessing the application. Clients will be required to fill out a means test indicating income, expenses, education, and employment history.


b) Eligible Offences and Conditions  
'''b) Eligible Offences and Conditions'''


Legal aid lawyers may be able to represent an accused person in their criminal case if, after conviction (or a guilty plea) the accused would:  
Legal aid lawyers may be able to represent an accused person in their criminal case if, after conviction (or a guilty plea) the accused would:  
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* are indigenous and the case affects their ability to follow a traditional livelihood of hunting and fishing.
* are indigenous and the case affects their ability to follow a traditional livelihood of hunting and fishing.


c) Reviewing a Decision  
'''c) Reviewing a Decision '''


An accused who has been rejected by Legal Aid can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision.
An accused who has been rejected by Legal Aid can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision.
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