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. | ||
{{Tipsbox | {{Tipsbox | ||
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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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