Legal Aid Ontario
Encyclopedia
Legal Aid Ontario is a publicly funded and publicly accountable non-profit corporation, responsible for administering the legal aid program in the province of Ontario
, Canada
. Through a toll-free number
and multiple in-person locations such as courthouse
offices, duty counsel
and community clinics, the organisation provides legal assistance to a million low-income Ontario residents each year.
, summary legal advice
, alternative dispute resolution
, self-help materials and legal representation under the 'judicare' model.
Legal issues that are covered by Legal Aid Ontario include matters involving domestic violence, family law, child custody, refugee and immigration hearings, and poverty law. Legal Aid Ontario also provides assistance in criminal cases where the accused faces a substantial likelihood of incarceration. As many offences are considered hybrid, that being the courts may decide to prosecute as either a summary
or indictable offence
, legal aid applicants are assessed on a case-by-case basis.
Clinics also play a large role in the provision of workshops and information sessions
and the undertaking of law reform initiatives. Many clinics also publish brochures, booklets, pamphlets and fact sheets for the benefit of the general public.
Specialty clinics will typically provide summary legal advice and free representation to clients who meet their eligibility guidelines. Specialty clinics also provide legal assistance to, and consult with, private bar lawyers, MPPs and community agencies.
are designed to provide law students with practical legal training and experience. Staffed by law students under the supervision of lawyers, SLASS clinics provide legal advice and representation on matters such as criminal law, tenant issues, employee's rights and small claims court. SLASS clinics also typically provide free legal assistance for students enrolled at the university and in some cases, assistance for students attending a local college.
SLASS operates out of the six law schools in Ontario:
for a mishandling of funds in the legal defence of Richard Wills. The report, A Test of Wills explains: "Legal Aid Ontario had estimated that Mr. Wills’ defence would cost $50,000. When it was done, it in fact cost more than a million dollars". Mr. Wills, considered to be a person of means to fund his own defence, was charged with the murder of his long time lover. In the months preceding his trial he had transferred his assets into his wife's name. Subsequently he applied to Legal Aid Ontario where he was effectively provided a “no check/blank cheque” defence.
and without any remuneration for their services.
(LSUC) in the funding and management of legal assistance. The act also initiated the development of the certificate and duty counsel program and addressed what types of offences would be covered, with criminal offences that faced a serious risk of incarceration and family matters in the Superior Court
both provided for.
In 1998 and in response to the growing need for legal aid, the Mike Harris
Progressive Conservative government, on recommendation by the 1997 report A Blueprint for Publicly Funded Legal Services: the Report of the Ontario Legal Aid Review, introduced the Legal Aid Services Act which outlined the creation of an independent agency called Legal Aid Ontario (LAO). The act defined LAO as independent from, but accountable to, the Ontario government through the Ministry of the Attorney General. LAO would become the sole agency for establishing, administering, and monitoring the legal aid system within the province, and was granted the ability to “provide legal aid services by any method that it considers appropriate, having regard to the needs of low-income individuals… and the costs of providing such services and the Corporation’s financial resources.”
In recent years, and in response to economic, client, and government pressures to improve service and reduce costs, LAO has begun adopting modern approaches to service provision. Some of these changes have included the development of a toll-free number that provides service in over 120 languages, information sharing with the Ministry of Community & Social Services
for social assistance eligibility information, and the expansion of courthouse services.
For clients, these changes have resulted in the ability to apply for a legal aid certificate, receive summary legal advice and be referred to relevant services without the burden of lengthy travels; a common complaint for those living outside major cities. Clients who satisfy the criteria for legal assistance typically receive confirmation of approval the same day, thereby reducing both the time delay and need to reconnect with a Legal Aid Ontario staff worker.
Other notable changes include:
In September 2009, the provincial government announced that it would invest an additional $150 million in Legal Aid Ontario over four years to help enhance family and criminal law services. While funding from the Law Foundation of Ontario dropped significantly as a result of the financial crisis of 2007–2010, this contribution from the province was not earmarked for addressing the deficit, and has instead been restricted to funding new client services.
The Federal government of Canada provides a portion of funding to contribute to criminal, immigration and refugee law and Youth Criminal Justice Act matters as well as other expenditures that fall under the Federal government's jurisdiction.
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Through a toll-free number
Toll-free telephone number
A toll-free, Freecall, Freephone, 800, 0800 or 1-800 number is a special telephone number which is free to the calling party, and instead the telephone carrier charges the called party the cost of the call...
and multiple in-person locations such as courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
offices, duty counsel
Duty counsel
In Ontario, Canada a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal, family law and child protection matters to people who arrive at court without representation, mainly in the Ontario Court of Justice....
and community clinics, the organisation provides legal assistance to a million low-income Ontario residents each year.
About the organisation
Established in 1998 through the Legal Aid Services Act and successor to the Ontario Legal Aid Plan (OLAP), Legal Aid Ontario is a not-for-profit corporation that provides legal aid services to low-income individuals in the province of Ontario through duty counsel, community legal clinics, public legal educationPublic legal education
Public legal education comprises a range of activities intended to build public awareness and skills related to law and the justice system. This term also refers to the fields of practice and study concerned with those activities, and to a social and professional movement that advocates greater...
, summary legal advice
Summary (law)
Summary, in law, forms many compounds as an adjective meaning "short, concise":*Summary abatement, the abatement of a nuisance without judicial proceeding, even without notice or hearing, often by a destruction of the offending thing or structure...
, alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
, self-help materials and legal representation under the 'judicare' model.
Legal issues that are covered by Legal Aid Ontario include matters involving domestic violence, family law, child custody, refugee and immigration hearings, and poverty law. Legal Aid Ontario also provides assistance in criminal cases where the accused faces a substantial likelihood of incarceration. As many offences are considered hybrid, that being the courts may decide to prosecute as either a summary
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
or indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
, legal aid applicants are assessed on a case-by-case basis.
Clinics
A major component of Legal Aid Ontario’s services are provided through the 77 community clinics (62 community clinics, 15 specialty clinics) and six Student Legal Aid Services Societies located throughout the province. Funded by Legal Aid Ontario, these organizations provide legal advice, and in some cases representation, primarily for civil law matters.Community clinics
Community clinics are situated throughout the province and provide legal assistance to low-income individuals within a specific geographic area of Ontario. While social assistance and housing law are two key areas community clinics assist with, clinics tailor their services offered for the geographic location from which they operate. Services that are provided by the community clinics may include:- Administrative lawCanadian administrative lawCanadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies. That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister...
- Canada Pension PlanCanada Pension PlanThe Canada Pension Plan is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Old Age Security...
- EducationEducation in OntarioEducation in Ontario falls under provincial jurisdiction. Publicly funded elementary and secondary schools are administered by the Ontario Ministry of Education, while colleges and universities are administered by the Ontario Ministry of Training, Colleges and Universities.The current Minister of...
- Immigration
- Income maintenance, consumer debtConsumer debtIn economics, consumer debt is outstanding debt of consumers, as opposed to businesses or governments. In macroeconomic terms, it is debt which is used to fund consumption rather than investment...
, and consumer problems - Minor crimesSummary offenceA summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
- Native status applications
- Small claims courtSmall claims courtSmall-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
matters - Tenant protection (landlord and tenant issues, including referral to tenant duty counsel)
- Tribunals, including the Ontario Human Rights CommissionOntario Human Rights CommissionThe Ontario Human Rights Commission was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code...
Clinics also play a large role in the provision of workshops and information sessions
Public legal education
Public legal education comprises a range of activities intended to build public awareness and skills related to law and the justice system. This term also refers to the fields of practice and study concerned with those activities, and to a social and professional movement that advocates greater...
and the undertaking of law reform initiatives. Many clinics also publish brochures, booklets, pamphlets and fact sheets for the benefit of the general public.
Specialty clinics
Specialty clinics provide low-income individuals with assistance in a specific area of law not normally covered by the general community legal clinics. These clinics focus on issues such as:- minority and specialty language group rights
- children, youth and elderly assistance
- individuals with disabilities (including injured workers)
- HIV & AIDS matters
Specialty clinics will typically provide summary legal advice and free representation to clients who meet their eligibility guidelines. Specialty clinics also provide legal assistance to, and consult with, private bar lawyers, MPPs and community agencies.
Student Legal Aid Services Societies
Student Legal Aid Services Societies (SLASS) clinicsLegal clinic
The phrase legal clinic may refer to any private, nonprofit law practice serving the public interest. In the academic context, these law school clinics provide hands-on experience to law school students and services to various clients. Academic Clinics are usually directed by clinical professors...
are designed to provide law students with practical legal training and experience. Staffed by law students under the supervision of lawyers, SLASS clinics provide legal advice and representation on matters such as criminal law, tenant issues, employee's rights and small claims court. SLASS clinics also typically provide free legal assistance for students enrolled at the university and in some cases, assistance for students attending a local college.
SLASS operates out of the six law schools in Ontario:
- Queens University
- University of OttawaUniversity of Ottawa LawThe University of Ottawa, Faculty of Law, sometimes colloquially known as U of O Law, is the law school of the University of Ottawa, located in Ottawa, Ontario. The University of Ottawa Law School is one of Canada's most influential, having produced lawyers throughout French and English Canada...
- University of TorontoUniversity of Toronto Faculty of LawEstablished in 1887, the University of Toronto Faculty of Law is one of the oldest professional faculties at the University of Toronto. The Faculty of Law is particularly renowned in the areas of corporate law, international law, law and economics, and legal theory.The law school has been...
- University of Western
- University of Windsor
- York UniversityOsgoode Hall Law SchoolOsgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
Criticism
In February, 2008, the organization was criticized in an 87 report by the Ontario OmbudsmanOntario Ombudsman
The Ontario Ombudsman is an independent officer of the provincial legislature in Ontario, Canada. In the tradition of the classical parliamentary Ombudsman first established in Sweden in 1809, Ontario's Ombudsman oversees and investigates public complaints about the government of Ontario, including...
for a mishandling of funds in the legal defence of Richard Wills. The report, A Test of Wills explains: "Legal Aid Ontario had estimated that Mr. Wills’ defence would cost $50,000. When it was done, it in fact cost more than a million dollars". Mr. Wills, considered to be a person of means to fund his own defence, was charged with the murder of his long time lover. In the months preceding his trial he had transferred his assets into his wife's name. Subsequently he applied to Legal Aid Ontario where he was effectively provided a “no check/blank cheque” defence.
1950s
In partnership with the legal profession, the provincial government passed the Law Society Amendment Act, 1951. The plan outlined the creation of a small fund to cover its operation, however lawyers who provided assistance did so entirely pro-bonoPro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
and without any remuneration for their services.
1960s
In 1967, modeled on similar doctrines in England and Scotland, the Legal Aid Act was passed. Several major changes from the Law Society Amendment Act saw the division of responsibility between the province and the Law Society of Upper CanadaLaw Society of Upper Canada
The Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
(LSUC) in the funding and management of legal assistance. The act also initiated the development of the certificate and duty counsel program and addressed what types of offences would be covered, with criminal offences that faced a serious risk of incarceration and family matters in the Superior Court
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
both provided for.
1970s
By the early 1970s many lawyers felt that the model of legal assistance being delivered did not provide clients with sufficient representation. These advocates argued that not only were the legal issues of legal aid clients considerably different than those of the typical paying customer, but that the means of providing service were also different. Part of this problem was the absence of lawyers interested in supporting financially disadvantaged clients with so-called ‘poverty law’ matters, that being ones primarily dealing with public assistance, tenant issues and welfare rights. The development of community legal clinics alleviated this problem by providing low-income people an easy to access location for issues such as subsistence income, safe housing and access to social services. By the end of the 1970s many of these recommendations became incorporated into the 1978 study, Report of the Commission on Clinical Funding and ultimately played a significant role in the development of the Ontario Legal Aid Plan, the precursor to the development of Legal Aid Ontario.1980s
Over the next decade, the Ontario Legal Aid Plan (OLAP) would quickly grow both physically as the organization expanded its clinic base, and financially as operation costs began to increase substantially. By the early 1990s and at the peak of the recession, OLAP was issuing more than 200,000 certificates a year and covering a broad range of criminal, family, refugee, and other civil claims. At the same time, the number of community clinics had grown from 35 in 1980 to 66 in 1990, with costs jumping from $3.3 million annually to $22.1 million.1990s
As demand for legal assistance grew, expenses began to quickly escalate. By 1992 and in light of a recession, the province responded by freezing funding, despite the fact that large areas of the province were still without clinic law service. By 1994, despite outcry from legal aid practitioners and clients, the province reduced funding to the certificate program by $27.5 million. This cap resulted in a steep decline of certificates granted; more than 150,000 fewer certificates were issued from 1994 to 1999. Emphasis began to shift towards alternative service delivery models such as the use of staff lawyers, duty counsel and Student Legal Aid Services Societies.In 1998 and in response to the growing need for legal aid, the Mike Harris
Mike Harris
Michael Deane "Mike" Harris was the 22nd Premier of Ontario from June 26, 1995 to April 15, 2002. He is most noted for the "Common Sense Revolution", his Progressive Conservative government's program of deficit reduction in combination with lower taxes and cuts to government...
Progressive Conservative government, on recommendation by the 1997 report A Blueprint for Publicly Funded Legal Services: the Report of the Ontario Legal Aid Review, introduced the Legal Aid Services Act which outlined the creation of an independent agency called Legal Aid Ontario (LAO). The act defined LAO as independent from, but accountable to, the Ontario government through the Ministry of the Attorney General. LAO would become the sole agency for establishing, administering, and monitoring the legal aid system within the province, and was granted the ability to “provide legal aid services by any method that it considers appropriate, having regard to the needs of low-income individuals… and the costs of providing such services and the Corporation’s financial resources.”
Recent years
Today, Legal Aid Ontario is the second largest justice agency in Ontario and one of the largest providers of legal services in North America. LAO provides assistance for a range of legal issues such as criminal, family, mental health, aboriginal, clinic (poverty), and refugee law matters and can provide referrals for individuals seeking help outside of LAO’s jurisdiction. Individuals who are granted a certificate do however need to consult and choose their own certified lawyer.In recent years, and in response to economic, client, and government pressures to improve service and reduce costs, LAO has begun adopting modern approaches to service provision. Some of these changes have included the development of a toll-free number that provides service in over 120 languages, information sharing with the Ministry of Community & Social Services
Ministry of Community and Social Services (Ontario)
The Ministry of Community and Social Services in the Canadian province of Ontario is responsible for social services such as welfare, and disability insurance and community service programs around issues such as homelessness, domestic violence, spousal support, adoption, and assisted housing for...
for social assistance eligibility information, and the expansion of courthouse services.
For clients, these changes have resulted in the ability to apply for a legal aid certificate, receive summary legal advice and be referred to relevant services without the burden of lengthy travels; a common complaint for those living outside major cities. Clients who satisfy the criteria for legal assistance typically receive confirmation of approval the same day, thereby reducing both the time delay and need to reconnect with a Legal Aid Ontario staff worker.
Other notable changes include:
- Relocating the headquarters, shrinking office space by 20000 square feet (1,858.1 m²) at a saving of $1 million annually
- Enforcing stringent requirements for LAO lawyers to ensure clients receive fair representation
- Encouraging community clinics to identify administrative savings
In September 2009, the provincial government announced that it would invest an additional $150 million in Legal Aid Ontario over four years to help enhance family and criminal law services. While funding from the Law Foundation of Ontario dropped significantly as a result of the financial crisis of 2007–2010, this contribution from the province was not earmarked for addressing the deficit, and has instead been restricted to funding new client services.
Funding
Funding for Legal Aid Ontario comes primarily from the province of Ontario and the Law Foundation of Ontario (LFO). The LFO administers the interest earned on lawyers' trust fund balances and Legal Aid Ontario receives 75 per cent of this income, resulting in revenue levels highly dependent on the Bank of Canada overnight rate and real estate activity levels.The Federal government of Canada provides a portion of funding to contribute to criminal, immigration and refugee law and Youth Criminal Justice Act matters as well as other expenditures that fall under the Federal government's jurisdiction.
| Revenue ($ millions) | 2004 | % | 2005 | % | 2006 | % | 2007 | % | 2008 | % |
|---|---|---|---|---|---|---|---|---|---|---|
| Province of Ontario | $256.1 | 85.46 | $254.8 | 88.06 | $260.5 | 84.23 | $269.1 | 79.22 | $283.9 | 78.28 |
| Law Foundation of Ontario | $24.2 | 8.08 | $18.6 | 6.44 | $30.7 | 9.93 | $51.5 | 15.17 | $56.4 | 15.56 |
| Client Contributions | $13.1 | 4.37 | $15.2 | 3.94 | $15.7 | 5.07 | $17.3 | 3.43 | $18.9 | 5.23 |
| Judgements, Costs & Settlements | $1.7 | 0.57 | $1.5 | 0.52 | $0.28 | 0.09 | $0.41 | 0.12 | $0.28 | 0.08 |
| Investment & Other Income | $4.6 | 1.53 | $3 | 1.03 | $2.1 | 0.69 | $1.4 | 0.40 | $3.1 | 0.86 |
| Total | $299.6 | $289.3 | $293.1 | $339.7 | $362.6 |
| Contributions ($ millions) | 2004 | 2005 | 2006 | 2007 | 2008 |
|---|---|---|---|---|---|
| Federal government contributions | $50.6 | $50.6 | $50.7 | $50.7 | $50.4 |
See also
- Canadian Law
- Duty CounselDuty counselIn Ontario, Canada a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal, family law and child protection matters to people who arrive at court without representation, mainly in the Ontario Court of Justice....
- Government of OntarioGovernment of OntarioThe Government of Ontario refers to the provincial government of the province of Ontario, Canada. Its powers and structure are set out in the Constitution Act, 1867....
- Lawyer referral serviceLawyer referral serviceA lawyer referral service is typically offered by state and local bar associations as a public service. The purpose of a lawyer referral service is to increase access to justice by referring members of the general public to lawyers in private practice or to legal aid organizations or agencies for...
- Law Society of Upper CanadaLaw Society of Upper CanadaThe Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
- Legal AidLegal aidLegal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
- Ministry of the Attorney General
- R. v. BrydgesR. v. BrydgesR. v. Brydges, [1990] 1 S.C.R. 190 is a leading Supreme Court of Canada decision on the right to retain and instruct counsel under section 10 of the Canadian Charter of Rights and Freedoms. The Court held that the right imposed a duty upon the police to provide information and access to a legal aid...
External links
- Association of Community Legal Clinics of Ontario
- Community Legal Education Ontario (CLEO)
- Law Society of Upper Canada
- Lawyer referral service
- Legal Aid Services Act, 1998 at Service Ontario e-Laws
- Ontario Ministry of the Attorney General: Legal Aid Ontario
- Ontario Regulation 106/99 at Service Ontario e-Laws
- Ontario Regulation 107/99 at Service Ontario e-Laws