Legal Aid Representation
| The Legal Services Society (LSS) provides free legal aid representation (a lawyer to take your case) for financially eligible clients facing some types of criminal, serious family problems, child protection matters, mental health and prison issues, or immigration problems. |
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Legal issues covered[edit]
The following legal issues are covered:
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:
- have a physical condition or disability 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).
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If you self-identify as Aboriginal, you have Gladue rights under the Criminal Code. You may also be able to have your bail or sentencing hearing in the First Nations Court in New Westminster or Kamloops. |
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 denial of access to your children,
- when the other parent threatens to remove your children permanently from the province, or
- when you have custody of your children and the other parent has access, but he or she has unlawfully held your children and denied you custody.
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 litigation harassment,
- when you have barriers to self-representation 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.
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The items above are not a complete list of all the situations covered. Coverage decisions are made on a discretionary basis. |
Child protection cases where:
- the Ministry of Children and Family Development has taken or has threatened to take child(ren) away,
- there are custody and access issues related to a child in the care of the Ministry of Children and Family Development.
Mental health hearings before a Mental Health Review Panel or the BC Review Board.
Prison issues for which the Charter of Rights and Freedoms provides the right to a lawyer.
Immigration proceedings for refugee claimants or clients facing removal from Canada.
Note: Whether any particular case is to be covered by legal aid is ultimately a decision made by LSS.
Eligibility[edit]
To get a legal aid lawyer to represent you, your legal problem must be covered by legal aid rules, and your net household income and assets must be at or below the financial guidelines.
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Only a trained legal intake assistant can determine your financial eligibility for legal aid. The following information is not complete. To find out if you qualify for a legal aid lawyer, it's best to go into a legal aid office and apply. |
| Household size | Net monthly income |
|---|---|
| 1 | $1,450 |
| 2 | $2,030 |
| 3 | $2,600 |
| 4 | $3,170 |
| 5 | $3,750 |
| 6 | $4,330 |
| 7 or more | $4,920 |
For more information, see "Do I qualify for legal representation?" on the LSS website.
Applying for legal aid representation[edit]
To apply for a legal aid lawyer or to get information or advice, go into a legal aid office or courthouse location, or call the LSS Call Centre.
Applying in person[edit]
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 "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.
Applying by phone[edit]
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:
604-408-2172 (Greater Vancouver)
1-866-577-2525 (call no charge, elsewhere in BC)
Note that if you don't qualify for representation, you may still be financially eligible for advice services such as duty counsel. You don't have to be financially eligible to receive legal information from LSS.
Phone and website[edit]
- Phone: You can apply for legal aid representation over the phone at 1-866-577-2525 (call no charge).
- Website: legalaid.bc.ca. To find the address and hours of the legal aid office nearest you, see Where to find legal aid services.
