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Legal Aid Representation: Difference between revisions

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:* face an immigration proceeding that could lead to deportation from Canada.
:* 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 disability or a mental or emotional illness that makes it impossible for you to represent yourself,
:*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 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).
:*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://www.legalaid.bc.ca/aboriginal/legalRights.asp Gladue rights] under the ''Criminal Code''. You may also be able to have your bail or sentencing hearing in the [http://www.legalaid.bc.ca/aboriginal/firstNationsCourt.asp First Nations Court] in New Westminster.
| tips = If you self-identify as Aboriginal, you have [http://www.legalaid.bc.ca/aboriginal/legalRights.asp Gladue rights] under the ''Criminal Code''. You may also be able to have your bail or sentencing hearing in the [http://www.legalaid.bc.ca/aboriginal/firstNationsCourt.asp First Nations Court] in New Westminster 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,
:*you need an immediate court order to ensure your or your children's safety,
:*to resolve a serious denial of access to your children,
:*to resolve a serious <span class="noglossary">denial</span> of access to your children,
:*when the other parent threatens to remove your children permanently from the province, or  
:*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.
:*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.
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:* to resolve serious legal issues in high conflict cases,
:* to resolve serious legal issues in high conflict cases,
:*when you have experienced litigation harassment,
:*when you have experienced litigation harassment,
:*when you have barriers to self-representation due to emotional abuse, psychological trauma, or mental illness, or
:*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.
:*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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'''Immigration proceedings''' for refugee claimants or clients facing removal from Canada.  
'''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.
Note: Whether any particular case is to be covered by legal aid is ultimately a <span class="noglossary">decision</span> made by LSS.


== Eligibility ==
== Eligibility ==
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For more information, see [http://www.legalaid.bc.ca/legal_aid/doIQualifyRepresentation.asp Do I qualify for legal representation?] on the LSS website.
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 representation ==
== Applying for legal aid <span class="noglossary">representation</span> ==
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 [http://www.legalaid.bc.ca/general/provincialCallCentre.asp LSS Call Centre].
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 [http://www.legalaid.bc.ca/general/provincialCallCentre.asp LSS Call Centre].


===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 [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp Where to find legal aid services].
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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'''1-866-577-2525''' (call no charge, elsewhere in BC)
'''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|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.


== Phone and website ==
== Phone and website ==


* Phone: You can apply for legal aid representation over the phone at '''1-866-577-2525''' (call no charge).
* Phone: You can apply for legal aid <span class="noglossary">representation</span> over the phone at '''1-866-577-2525''' (call no charge).
* Website: [http://www.legalaid.bc.ca/ legalaid.bc.ca]. To find the address and hours of the legal aid office nearest you, see [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp Where to find legal aid services].
* Website: [http://www.legalaid.bc.ca/ legalaid.bc.ca]. To find the address and hours of the legal aid office nearest you, see [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp Where to find legal aid services].


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