Legal Aid Representation: Difference between revisions

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{{Servicebox
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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,
*go to jail,
:* face a conditional sentence that would severely limit your liberty,
*face a conditional sentence that would severely limit your liberty,
:* lose your way of earning a living, or
*lose your way of earning a living, or
:* 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).
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| 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://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,
*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 parenting time or contact with/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 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,
*to resolve serious legal issues in high conflict cases,
:*when you have experienced litigation harassment,
*when you have experienced court-related harassment (your ex-partner is using the legal system to harass you),
:*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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'''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,
*the Ministry of Children and Family Development has taken or has threatened to take child(ren) away, or
:* there are custody and access issues related to a child in the care of the Ministry of Children and Family Development.
*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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'''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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|-
|-


| 1 || $1,450
| 1 || $1,550
|-
|-
| 2 || $2,030
| 2 || $2,160
|-
|-
| 3 || $2,600
| 3 || $2,780
|-
|-
| 4 || $3,170
| 4 || $3,400
|-
|-
| 5 || $3,750
| 5 || $4,020
|-
|-
| 6 || $4,330
| 6 || $4,640
|-
|-
| 7 or more || $4,920
| 7 or more || $5,250
|}
|}


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].


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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


'''604-408-2172''' (Greater Vancouver)
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.
 
'''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.
 
== Phone and website ==
 
* Phone: You can apply for legal aid representation 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].


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