Can I get Legal Aid?
What kind of cases are covered?
Do I have to pay anything?
How long does it take?
How do I find a lawyer?
What if I'm turned down for Legal Aid?

Quick Links

Nishnawbe-Aski Legal Services Corp. Lawyer Panel
NAN Community Legal Aid Workers

Can I get legal aid?

You may be able to get legal aid to pay for a lawyer if:

• Your legal situation is urgent and serious, and
• you have little or no money left after you pay for necessities, like food and housing.

People with no income or on social assistance usually qualify financially for legal aid. But you may be able to get legal aid even if you have some money in the bank and a house.

The legal aid office will look at your personal financial circumstances to decide if you qualify. Every situation is different. It all depends on your family responsibilities and your monthly expenses.

What kinds of cases are covered?

If you qualify financially, legal aid may be able to pay your lawyer for some of these things. This is not a complete list, please talk to your local office about your specific case.

For criminal charges:

• any offense which would likely result in jail time (Eg: assault, impaired driving causing bodily harm, robbery, welfare fraud, break and enter).

In family matters:

• to get custody of your children or to change custody;
• to get a restraining order against your partner;
• to remove your partner from your home, in cases of physical abuse;
• to establish or change support payments for you and your child;
• to establish access to your children where no arrangements have already been made;
• to help with custody and access rights if your partner is likely to move far away so you can't see your children or threatens to take your children away from you;
• to help if your partner denies you access to your Child;
• to change access from supervised to non- Supervised;
• to stop your partner from selling or destroying your property;
• to negotiate property issues including RRSP's and penions;

In immigration and refugee matters.

• refugee hearings before the Immigration and Refugee Board;
• sponsorship appeals;
• deportation appeals and submissions to the Minister of immigration for deportation appeals.

For other civil cases:

• Worker's Compensation;
• mental health hearings and appeals;
• parole hearings and appeals
• damage claims.

Do I have to pay anything?

Legal aid is usually free to people with little Income or money. People who have a little money But not enough to hire a lawyer may have to pay some money.

If you do have to pay, you will be asked to sign a Payment of Agreement which says that you agree to:

• pay legal aid a certain amount every month; or
• pay legal aid a lump sum of money.

How Long does it take?

Make sure to tell legal aid staff if your situation is an emergency. The staff will help you fill out an application and may be able to tell you right away whether you can get legal aid. If you already have a lawyer, legal aid will mail the certificate directly to your lawyer. If you don't have a lawyer, you can contact one while you wait for the certificate.

How do I find a lawyer?

The lawyer you choose should be sensitive to your Needs, so make sure you are completely comfortable with the lawyer you choose. It is unlikely that you will be allowed to change lawyer

• See the Lawyer Panel for Nishnawbwe-Aski Legal Services Corporation
• Speak to family or friends. Do they know a Lawyer that they can recommend?
• Call the Lawyer Referral Service:
  -from Metro Toronto, call 416-947-3330
  -from anywhere else in Ontario, call 1-800-268-8326
• Look in the Yellow Pages under "Lawyers". many lawyers advertise the type of legal work that they do and their interest in taking legal aid cases.
• Speak to your Community Legal Worker - they can help with a referral.

Spend a few minutes talking with the lawyer you contact if possible. Do you feel comfortable? Do you think the lawyer understands your situation? If you are not comfortable, try another lawyer until You find one you feel does understand you.

What if I'm turned down for legal aid?

You can appeal. If you are turned down for legal aid, you can go back to the legal aid office and ask to fill out an appeal form. After you have filled out the form, you will get an appointment to speak to the area committee, usually in about two to three weeks. You will have to tell the committee why you are appealing the decision.

If you are going to court and do not have a lawyer, lawyers at the courthouse called duty counsel may be able to help you.

The Legal Aid Advice Lawyer is a service open to the public and available for three to four hours a week in some locations. Lawyers can give you advice or help review court documents. You may have to qualify financially before getting help. Check with your local legal aid office to find a location of the Legal Aid Advice Lawyer near you.