Legal Aid in Canada, 2018-19
List of tables
- Table 1 – Legal aid plan revenues, by type of revenue, annual, 2018-19
- Table 2a – Legal aid plan expenditures, by type of expenditure, 2018-19
- Table 2b – Total legal aid plan administrative costs, 2018-19
- Table 3 – Legal aid service delivery by private bar, staff, and other lawyers, 2018-19
- Table 4 – Legal aid plan personnel as of March 31, 2018-19
- Table 5 – Legal aid applications received, by type of matter, 2018-19
- Table 6 – Approved legal aid applications for full legal representation, by staff and private lawyers, annual, 2018-19
- Table 7 – Refused legal aid applications, by reason for refusal, all legal aid matters, 2018-19
- Table 8 – Refused legal aid applications, by reason for refusal, criminal matters, 2018-19
- Table 9 – Refused legal aid applications, by reason for refusal, civil matters, 2018-19
- Table 10 – Applications for full legal representation, approved and refused, by self-identified Indigenous status, type of matter, and province/territory, 2018-19
- Table 11 – Duty counsel services, by type of matter, 2018-19
- Table 12 – Duty counsel service expenditures, by type of matter, 2018-19
- Table 13 – Appeal applications, approved and refused for legal aid services, by criminal and civil matters, 2018-19
- Table 14 – Incoming and outgoing civil legal aid cases processed under the interprovincial reciprocity agreement, 2018-19
- Table 15 – Legal aid clients, by age, gender, and type of matter, Canada, 2018-19
- Table 16 – Indigenous legal aid clients receiving full legal represenation and summary services by gender and type of matter, 2018-19
- Table 17 – Criminal legal aid cases by type of offence and in year expenditures, adult, Canada, 2018-19
- Table 18 – Criminal legal aid cases by type of offence and in year expenditures, youth, Canada, 2018-19
- Table 19 – Immigration and refugee legal aid certificates and expenditures, by province/territory and type of lawyer, 2018-19
- Table 20 – Specialized courts by province/territory and type of legal aid service delivery, 2018-19
- Table 21 – Legal aid program innovations
Legal Aid in Canada, 2018-19
The Legal Aid Survey was a Canadian Centre for Justice Statistics (CCJS)/Statistics Canada annual survey on revenues, expenditures, personnel, and caseload statistics associated with the administration and delivery of legal aid in Canada. The Legal Aid Survey was first conducted in 1983-84 and data was last published in 2016 (for fiscal year 2014-15). After the discontinuation of the Legal Aid Survey in 2016, the Department of Justice Canada (JUS) began data collection and reporting in-house. This is the third annual edition of this report.
Access to justice is a key issue facing all stakeholders in the justice system. Legal aid services support access to justice for those who are economically disadvantaged and unable to pay for a lawyer on their own.
The federal government supports legal aid services in the provinces and territories through two sources. The Department of Justice Canada’s (JUS) Legal Aid Program provides funding to all provinces for criminal legal aid through contribution agreements. These agreements also support immigration and refugee (I&R) legal aid in the six provinces (Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Ontario, and Quebec) that provide services in this area. The federal government supports criminal and civil legal aid in the territories through consolidated access to justice services agreements.
The Department of Finance Canada’s Canada Social Transfer (CST) is a block transfer payment provided to each province and territory for provincial health care, post-secondary education, social assistance and social services. Civil legal aid is an eligible expenditure under the CST.Footnote 1
While policies related to criminal legal aid are a shared federal/provincial/territorial responsibility, each province and territory is responsible for the delivery of legal aid services based on their own policies and procedures.
Provinces and territories contributed close to three quarters of legal aid revenues in 2018-19
Legal aid plans are the organizations responsible for providing legal aid services to those who cannot afford a lawyer. There are 13 recognized legal aid plans in Canada. Legal aid plans reported receiving total funding of more than $1 billion in 2018-19. Federal and provincial/territorial government sources contributed the majority of this amount—89% of the total. The remaining funding was received from client contributions, cost recoveries from legal settlements, and contributions from the legal profession and other sources (Table 1).
Provincial and territorial (P/T) governments directly fund legal aid. In 2018-19, provincial and territorial governments contributed more than $748 million to legal aid plans across Canada, which amounts to 74% of total legal aid revenues.
In 2018-19, JUS contributed more than $152 million to the provinces and territories for the delivery of criminal legal aid, civil legal aid (in the territories), and I&R legal aid (where applicable). This amounts to 15% of total legal aid revenues (Table 1). Ontario and Quebec were the largest legal aid plans, comprising 49% and 18% of all legal aid plan revenues respectively, or 67% for the two plans combined (Table 1).
Type of Revenue | ||||||
---|---|---|---|---|---|---|
Total legal aid plan revenues Dollars (%) |
Federal contributions from 2018-2019 agreementstable note 2 | P/T contributions to legal aid planstable note 4 Dollars (%) |
Client contributions and cost recoveries to legal aid planstable note 5 Dollars (%) |
Contributions of the legal profession to legal aid plans and other revenuestable note 6 Dollars (%) |
||
Criminal (+civil in Territories) Dollars (%) | I&Rtable note 3 Dollars (%) |
|||||
NL | 17,472,714 (100) | 2,264,383 (13) | 8,766 (.1) | 14,614,351 (84) | 174,705 (1) | 410,509 (2) |
PEI | 900,518 (100) | 452,107 (50) | n/a | 448,411 (50) | - | - |
NS | 27,623,146 (100) | 3,924,203 (14) | n/a | 23,488,112 (85) | 31,378 (.1) | 179,453 (1) |
NB | 9,500,687 (100) | 2,574,596 (27) | n/a | 6,162,303 (65) | 118,651 (1) | 645,137 (7) |
QC | 182,618,951(100) | 25,224,744 (14) | 6,500,000 (4) | 145,404,356 (80) | 4,122,331 (2) | 1,367,520 (1) |
ON | 495,872,595(100) | 47,426,321 (10) | 16,904,311 (3) | 340,660,468 (69) | 10,618,579 (2) | 80,262,916 (16) |
MB | 37,910,969 (100) | 6,176,335 (16) | 481,000 (1) | 27,581,272 (73) | 1,440,738 (4) | 2,231,624 (6) |
SK | 25,928,256 (100) | 5,659,006 (22) | n/a | 20,050,994 (77) | 10,799 (0) | 207,457 (1) |
AB | 109,880,465(100) | 13,107,876 (12) | 1,004,900 (1) | 89,987,224 (82) | 4,707,722 (4) | 1,072,743 (1) |
BC | 95,781,858 (100) | 15,767,936 (16) | 2,093,000 (2) | 70,711,526 (74) | - | 7,209,396 (8) |
YK | - | - | n/a | - | - | - |
NT | - | - | n/a | - | - | - |
NU | 12,318,000 (100) | 2,700,818 (22) | n/a | 9,617,182 (78) | 100 (0) | - |
CA | 1,015,808,259 (100) | 125,278,325 (12) | 26,991,977 (3) | 748,726,199 (74) | 21,225,003 (2) | 93,586,755 (9) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
A majority of jurisdictions spend more on criminal matters than civil matters
While the data collection for the Legal Aid Annual Report is done at a national level, it is important to note that from year-to-year some limitations on coverage exist and some legal aid plans may be unable to report all or some data elements. Due to these limitations, Canada-level totals may not include all provinces and territories.
Table 2a shows 2018-19 legal aid plan expenditures, broken down by type of expenditure. Overall, 48% of legal aid expenditures were related to criminal matters, 6% were related to I&R matters, and 45% were related to all other civil matters. Ontario and Quebec had the highest legal aid expenditures in the country, with 50% of all expenditures as a proportion of the national total from Ontario and 18% from Quebec.
Looking at legal aid expenditures by jurisdiction, just three jurisdictions (Quebec, Ontario, and Prince Edward Island) spend more on civil matters than criminal matters. The fact that less than half of legal aid expenditures are related to criminal law at the national level is driven by lower prevalence Quebec and Ontario. These two provinces have the largest populations, and spend more overall -- contributing more to the average. The jurisdictions with the highest proportion of total legal aid expenditures on criminal matters (of all legal aid expenditures for that jurisdiction) were Saskatchewan (77%), and Manitoba (72%).
Table 2b breaks out the total administrative costs for legal aid plans in 2018-19. These expenses are also reflected under ‘legal aid plan expenditures’ in table 2a, and they amounted to over $175 million dollars.
Total Dollars (%) |
Legal aid plan expenditurestable note 2 (including direct administrative and other costs) |
|||
---|---|---|---|---|
Criminal matters Dollars (%) |
Civil matters | |||
I&Rtable note 3 Dollars (%) |
All other civil Dollars (%) |
|||
NL | 17,315,992 (100) | 10,096,721 (58) | 17,919 (0.1) | 7,201,352 (42) |
PEI | 1,940,114 (100) | 900,518 (46) | n/a | 1,039,596 (54) |
NS | 26,246,776 (100) | 15,565,817 (59) | n/a | 10,680,959 (41) |
NB | 8,459,011 (100) | 4,513,694 (53) | n/a | 3,945,317 (47) |
QC | 177,790,570 (100) | 73,301,729 (41) | 6,565,499 (4) | 97,923,342 (55) |
ON | 482,705,194 (100) | 205,488,387 (43) | 43,013,263 (9) | 234,203,544 (48) |
MB | 34,168,542 (100) | 24,638,062 (72) | 481,634 (1) | 9,048,846 (26) |
SK | 26,287,133 (100) | 20,268,019 (77) | n/a | 6,019,114 (23) |
AB | 102,822,606 (100) | 66,479,629 (65) | 1,027,882 (1) | 35,315,095 (34) |
BC | 81,874,164 (100) | 48,579,179 (59) | 3,920,459 (5) | 29,374,526 (36) |
YK | - | - | n/a | - |
NT | - | - | n/a | - |
NUtable note 4 | 11,941,220 (100) | - | n/a | - |
CA | 971,551,322 (100) | 469,831,755 (48) | 55,026,656 (6) | 434,751,691 (45) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
NL |
2,854,080 |
---|---|
PEI |
356,322 |
NS |
1,810,749 |
NB |
2,279,332 |
QC |
49,267,339 |
ON |
76,807,860 |
MB |
5,827,663 |
SK |
1,694,395 |
AB |
14,102,302 |
BC |
19,189,471 |
YK |
- |
NT |
- |
NU |
1,578,039 |
Canada |
175,767,552 |
Legal aid services are delivered primarily by private bar lawyers
Table 3 provides an overview of the proportion of staff lawyers versus private bar lawyers delivering services at legal aid plans. It is not intended to represent the case loads of the private bar versus staff lawyers. In some cases a legal aid plan may have a higher proportion of private bar lawyers, but the staff lawyers at that plan may be managing a higher proportion of cases. Looking at the breakdown of legal aid service delivery by type of lawyer, in 2018-19, 89% of the over 11,000 lawyers providing legal aid services in Canada were private bar lawyers (Table 3). Staff lawyers made up 10% of lawyers providing direct legal aid services to clients and other lawyers (such as Executive Directors) made up 1%.
Among private bar lawyers, 47% provided both criminal and civil law services. There were roughly equal proportions of private bar lawyers providing only criminal law services or only civil law services (24% and 23%). Of the staff lawyers, the highest proportion provided both criminal and civil law services (69%), while 17% provided only criminal services and 5% provided only civil law services.
Overall, 31% of the 11,820 lawyers providing legal aid services in Canada were in Ontario, and 26% were in Alberta. When looking at the breakdown between private and staff lawyers within each province/territory, Alberta and British Columbia had the highest proportions of private bar lawyers (97% and 97%), while Newfoundland and Labrador and Yukon had the highest proportions of staff lawyers (70% and 58%) (Table 3).
Total lawyers providing legal aid services N (%) | Type of lawyer providing legal aid services | |||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Private bar lawyerstable note 1 | Staff lawyerstable note 2 | Other lawyers (e.g. Executive Director)table note 3 | ||||||||||||||
Criminal | I&Rtable note 4 | Civil | Criminal & Civil | TOTAL N (%) | Criminal | I&R | Civil | Criminal & Civil | TOTAL N (%) | Criminal | I&R | Civil | Criminal &Civil | Criminal &Civil | ||
NL | 104 (100) | - | n/a | - | 28 | 28 (27) | - | n/a | - | 73 | 73 (70) | - | n/a | - | 3 | 3 (3) |
PEI | 36 (100) | 9 | n/a | 11 | 7 | 27 (75) | 3 | n/a | 5 | 0 | 8 (22) | 0 | n/a | 0 | 1 | 1 (3) |
NS | 349 (100) | - | n/a | - | 248 | 248 (71) | - | n/a | - | - | 97 (28) | - | n/a | - | - | 4 (41) |
NB | 140 (100) | 22 | n/a | 49 | 37 | 108 (77) | 21 | n/a | 9 | 0 | 30 (21) | 0 | n/a | 1 | 1 | 2 (1) |
QC | 2,643 (100) | - | n/a | - | 2,237 | 2,237 (85) | n/a | - | 341 | 341 (13) | - | n/a | - | 65 | 65 (3) | |
ON | 3,716 (100) | 1,355 | 236 | 1,169 | 587 | 3,347 (90) | 119 | 12 | 2 | 195 | 328 (9) | 11 | 2 | 0 | 28 | 41 (1) |
MB | 352 (100) | 0 | 0 | 0 | 292 | 292 (83) | 23 | 0 | 18 | 13 | 54 (15) | 0 | 0 | 0 | 6 | 6 (2) |
SK. | 227 (100) | 0 | n/a | 0 | 143 | 143 (63) | 0 | n/a | 0 | 83 | 83 (37) | 0 | n/a | 0 | 1 | 1 (0) |
AB | 3,087 (100) | 708 | 262 | 829 | 1,186 | 2,985 (97) | - | n/a | - | 102 | 102 (3) | - | - | - | - | - |
CB | 1,054 (100) | 409 | 61 | 349 | 198 | 1,017 (97) | 14 | 1 | 7 | 3 | 25 (2) | 0 | 0 | 0 | 12 | 12 (1) |
YK | 19 (100) | 2 | n/a | 6 | 0 | 8 (42) | 1 | n/a | 0 | 10 | 11 (58) | 0 | n/a | 0 | 1 | 1 (5) |
NT | 35 (100) | - | n/a | 19 (54) | 9 | n/a | 7 | - | 16 (46) | - | n/a | - | - | - | ||
NU | 58 (100) | 29 | n/a | 7 | - | 36 (62) | 12 | n/a | 8 | - | 20 (36) | 1 | n/a | - | 1 | 2 (3) |
CA | 11,820 (100) | 2,534 | 559 | 2,420 | 4,963 | 10,495 (89) | 202 | 13 | 56 | 820 | 1,188 (10) | 12 | 2 | 1 | 119 | 138 (1) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Non-lawyers made up 15% of legal aid plan personnel
Legal aid plans employ a variety of non-lawyer personnel to support the delivery of legal aid services to clients. While lawyers made up 85% of legal aid plan personnel, non-lawyers made up the other 15% (Table 4).
Of the 1,967 non-lawyers working for legal aid plans, the most common were support staff (57%), while intake workers (25%), legal assistants (12%), and articling students (3%) were the next most common types of non-lawyer personnel. ‘Other’ (i.e. managers) (2%) and paralegals (1%) made up the remaining personnel (Table 4).
Total legal aid plan personnel | Lawyers providing legal aid | Non-lawyers | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
Total lawyers | Private bar lawyerstable note 1 | Staff lawyerstable note 2 | Othertable note 3 | Total non-lawyers | Intake workerstable note 4 | Support Stafftable note 5 | Para-legalstable note 6 | Legal assistantstable note 7 | Articling studentstable note 8 | Other (managers)table note 9 | ||
NL | 175 (100) | 104 (59) | 28 | 73 | 3 | 71 (41) | 4 | 23 | 3 | 33 | 8 | 0 |
PE | 42 (100) | 36 (86) | 27 | 8 | 1 | 6 (14) | 0 | 6 | 0 | 0 | 0 | 0 |
NS | 181.2 (100) | 101 (56) | 97 | 4 | 80.2 (44) | 0 | 8 | 0 | 67.2 | 3 | 2 | |
NB | 178 (100) | 140 (79) | 108 | 30 | 2 | 38 (21) | 12 | 5 | 0 | 6 | 0 | 15 |
QC | 3,203 (100) | 2,643 (83) | 2,237 | 341 | 65 | 560 (18) | 73 | 445 | 0 | 26 | 16 | 0 |
ON | 4,337 (100) | 3,716 (86) | 3,347 | 328 | 41 | 621 (14) | 246 | 350 | 11 | 3 | 11 | 0 |
MB | 452 (100) | 352 (78) | 292 | 54 | 6 | 100 (22) | 29 | 20 | 4 | 34 | 12 | 1 |
SK | 299 (100) | 226 (76) | 143 | 83 | 0 | 73 (24) | 5 | 7 | 11 | 43 | 1 | 6 |
AB | 3,257 (100) | 3,087 (95) | 2,985 | 102 | 0 | 170 (5) | 71 | 73 | 0 | 23 | 3 | 0 |
BC | 1,198 (100) | 1,017 (85) | 1,017 | 0 | 0 | 181 (5) | 27 | 154 | - | - | - | - |
YK | 26 (100) | 19 (73) | 8 | 10 | 1 | 7 (27) | 2 | 5 | 0 | 0 | 0 | |
NT | 52 (100) | 35 (67) | 19 | 16 | 17 (33) | 7 | 10 | |||||
NU | 101 | 58 (57) | 36 | 20 | 2 | 43 (43) | 21 | 16 | - | - | - | 6 |
CA | 13,501.2 (100) | 11,534 (85) | 10,247 | 1,162 | 125 | 1,967 (15) | 490 | 1,119 | 29 | 235.2 | 54 | 40 |
- Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Over 593,000 legal aid applications were received in 2018-19
When looking at applications for legal aid, the number of applications reflects the number of individual requests for assistance, rather than the total number of persons seeking assistance – this means that a single individual could file multiple applications. Of the 593,676 applications for summary or full legal representation received in 2018-19, over half (54%) were for criminal matters, while 45% were for civil matters (including I&R). The highest proportion of civil matter applications was for family matters (44%), followed by child protection (22%), non-family matters (21%), and 12% for I&R. Of the 318,039 applications for criminal legal aid, 92% were from adults and 7% were from youth (remaining 1% is from uncategorized data from NU) (Table 5).
Quebec received the most applications at 264,498, which accounted for 45% of all applications received nationally in 2018-19. Ontario and Alberta were the next two provinces that received the most applications (21% and 9% respectively). Looking at the breakdown between criminal and civil applications within each province/territory, Nunavut (80%) and Yukon (73%), had the highest proportion of criminal applications compared to civil. Quebec (54%) and New Brunswick (50%) had the lowest proportion of criminal applications compared to civil.
Total legal aid applications N (%) | Criminal legal aid applications | P/T offences N (%)table note 3 | Civil legal aid applications | |||||||
---|---|---|---|---|---|---|---|---|---|---|
Total criminal applications N (%) |
Adult | Youthtable note 2 | Total civil applications (incl I&R) N (%) | Child Protectiontable note 4 | Familytable note 5 | Non-familytable note 6 | I&Rtable note 7 | |||
NL | 7,915 (100) | 4,618 (58) | 4,160 | 458 | - | 3,297 (42) | 329 | 2,488 | 455 | 25 |
PE | 1,534 (100) | 1,072 (70) | 1,005 | 67 | - | 462 (30) | - | - | - | n/a |
NStable note 8 | 39,971 (100) | 26,187 (66) | 24,812 | 1,375 | 850 (2) | 12,934 (32) | 1,248 | 9,903 | 1,783 | n/a |
NB | 4,505 (100) | 2,253 (50) | 2,049 | 204 | 12 (0.3) | 2,240 (50) | 197 | 2,042 | 1 | n/a |
QC | 264,498 (100) | 115,231 (44) | 104,826 | 10,405 | 6,495 (3) | 142,772 (54) | 41,693 | 43,682 | 46,043 | 11,354 |
ON | 127,331 (100) | 67,856 (53) | 63,865 | 3,991 | - | 59,475 (47) | 6,922 | 28,802 | 6,060 | 17,691 |
MB | 33,129 (100) | 22,692 (69) | 20,323 | 2,369 | 74 (0.2) | 10,363 (31) | 2,554 | 6,478 | 608 | 723 |
SK | 18,029 (100) | 12,743 (71) | 11,107 | 1,636 | - | 5,286 (29) | 829 | 4,457 | - | n/a |
AB | 52,820 (100) | 37,157 (62) | 35,327 | 1,830 | 183 (0.3) | 15,480 (29) | 1,983 | 11,919 | 858 | 720 |
BC | 37,018 (100) | 22,982 (62) | 22,019 | 963 | 1,038 (3) | 12,998 (35) | 3,018 | 7,951 | - | 2,029 |
YK | 2,547 (100) | 1,867 (73) | 1,748 | 119 | 47 (2) | 653 (26) | - | 426 | 207 | n/a |
NT | 1,264 (100) | 899 (71) | 865 | 34 | - | 365 (29) | - | 365 | - | n/a |
NUtable note9 | 3,115 (100) | 2,482 (80) | - | - | - | 633 (20) | - | 316- | 234 | n/a |
CA | 593,676 (100) | 318,039 (54) | 292,106 | 23,451 | 8,699 (2) | 266,958 (45) | 58,856 | 118,403 | 56,249 | 32,542 |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
More than eight in ten legal aid applications received were approved for full legal representation
An application for legal aid may be approved for either summary or full legal representation. Summary services include the provision of legal advice, information, or any other type of minimal legal service granted to an individual during a formal interview. Full legal representation represents more extensive legal assistance. Applications not approved for full legal representation may receive summary services instead. Out of the 593,676 applications received in 2018-19 (table 5), 482,279 applications, or 81%, were approved for full service (table 6).
Table 6 shows the number of approved applications for full legal representation. In 2018-19, there were 482,279 applications approved for full legal representation; 56% of these were for criminal legal aid, 43% were for civil legal aid (including I&R), and the remainder for provincial/territorial offences. Of the criminal applications, the majority (90%) were for adult matters, and 9% were for youth matters (the remaining 1% is uncategorized data from Yukon). For civil matters, more than a third (39%) were for family matters, 26% were for child protection matters, and 20% were for other civil matters. I&R matters made up 15% of civil applications in the provinces that provide I&R legal aid services.
When looking at the proportion of approved applications by province/territory and type of matter, Nunavut (81%), Prince Edward Island (78%) and Manitoba (78%) had the highest proportion of approved applications that were criminal as opposed to civil. New Brunswick had a similar proportion of criminal and civil legal aid applications approved for full legal representation at 54% approved applications that were criminal.
In Ontario there were 2,611 adult and 150 youth applications managed by law clinics, which made up 4% of Ontario’s total approved criminal applications.
Total approved legal aid applications N (%) |
Criminal applicationstable note 2 | P/T offencestable note 5 N (%) |
Civil applicationstable note 3 | |||||||
---|---|---|---|---|---|---|---|---|---|---|
Total approved criminal applications N (%) |
Adult | Youthtable note 4 | Total approved civil legal aid applications N (%) |
Child Protectiontable note 6 | Familytable note 7 | Non-Familytable note 8 | I&Rtable note 9 | |||
NL | 4,142 (100) | 2,915 (70) | 2,508 | 407 | - | 1,227 (30) | 222 | 914 | 82 | 9 |
PE | 1,271 (100) | 991 (78) | 924 | 67 | - | 280 (22) | - | - | - | n/a |
NS | 19,399 (100) | 13,806 (71) | 12,840 | 966 | 51 (0) | 5,542 (29) | 1,017 | 3,707 | 818 | n/a |
NB | 3,445 (100) | 1,851 (54) | 1,655 | 196 | 6 (0) | 1,588 (46) | - | - | - | n/a |
QC | 216,076 (100) | 95,014 (44) | 85,061 | 9,953 | 5,031 (2) | 116,031 (54) | 39,183 | 33,150 | 33,387 | 10,311 |
ON | 115,084 (100) | 63,904 (56) | 59,014 | 4,141 | 0 | 51,180 (44) | 6,212 | 23,191 | 5,598 | 16,179 |
MB | 36,047 (100) | 28,046 (78) | 25,210 | 2,836 | 66 (0) | 7,935 (22) | 2,214 | 4,667 | 399 | 655 |
SK | 15,563 (100) | 11,301 (73) | 9,695 | 1,606 | - | 4,262 (27) | 765 | 3,497 | - | n/a |
AB | 38,401 (100) | 29,434 (77) | 27,609 | 1,825 | 143 (0) | 8,824 (23) | 1,567 | 6,463 | 100 | 694 |
BC | 27,283 (100) | 18,706 (69) | 17,765 | 941 | 530 (2) | 8,047 (29) | 2,286 | 4,158 | - | 1603 |
YK | 1,460 (100) | 1,058 (72) | 992 | 66 | 47 (3) | 402 (28) | - | 426 | 207 | n/a |
NT | 1,030 (100) | 767 (74) | 734 | 33 | 263 (26) | 44 | 219 | n/a | ||
NU | 3,078 (100) | 2,481 (81) | - | - | - | 597 (19) | 80 | 300 | 217 | n/a |
CA | 482,279 (100) | 270,274 (56) | 244,007 | 23,037 | 5,874 | 206,178 (43) | 53,590 | 80,692 | 40,808 | 29,451 |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Financial ineligibility was the most common reason for application refusal
Refused applications refer to all requests for legal aid that have been denied legal services. This includes applications for which no services have been approved, as well as those applications denied for full legal representation that subsequently receive summary services. Overall, of the 97,023 applications (both criminal and civil) where a reason for refusal was reported, 55% were refused for financial ineligibility. ‘Coverage restrictions’ and ‘other reasons for refusal’ were the next most common reasons for refusal (20%, and 20% respectively) (Table 7).
When looking at the breakdown of reasons for refusal by province/territory, Prince Edward Island and Quebec had the highest proportions of applications refused for financial ineligibility (90% and 78%). Newfoundland and Labrador (50%) and New Brunswick (45%) had the highest proportions of applications refused for coverage restrictions.
Total reasons for refusaltable note 2 |
Reasons for refusal |
|||||
---|---|---|---|---|---|---|
Financial ineligibilitytable note 3 |
Coverage restrictionstable note 4 |
Lack of merittable note 5 |
Non-compliance or abusetable note 6 |
Other reasons for refusaltable note 7 |
||
NL |
2,941 (100) | 560 (19) | 1,474 (50) | 510 (17) | - | 397 (13) |
PEI |
100 (100) | 90 (90) | 3 (3) | 6 (6) | - | 1 (1) |
NS |
2,175 (100) | 1,184 (54) | 308 (14) | 163 (7) | 158 (7) | 362 (17) |
NB |
416 (100) | 120 (29) | 187 (45) | 11 (3) | 3 (1) | 95 (23) |
QC |
45,818 (100) | 35,872 (78) | 5,287 (12) | 1,302 (3) | 71 (0) | 3,286 (7) |
ON |
9,810 (100) | 5,266 (54) | 3,177 (32) | 933 (10) | - | 434 (4) |
MB |
8,373 (100) | 3,564 (43) | 2,454 (29) | 1036 (12) | 256 (3) | 1,063 (13) |
SK |
2,009 (100) | 1,036 (52) | 668 (33) | 215 (11) | 27 (1) | 63 (3) |
AB |
15,159 (100) | 4,377 (29) | 3228 (21) | - | - | 7,554 (50) |
BC |
9,735 (100) | 1,589 (16) | 2,200 (23) | - | - | 5,946 (61) |
YK |
52 (100) | 30 (58) | 0 (0) | 17 (33) | 1 (2) | 4 (8) |
NT |
401 (100) | - | - | - | - | - |
NU |
34 (100) | 18 (53) | 13 (38) | - | 1 (3) | 2 (6) |
CA |
97,023 (100) | 53,706 (55) | 18,999 (20) | 4,193 (4) | 517 (1) | 19,207 (20) |
– Refers to data that is not available or that was not provided by the jurisdiction as reported in the Statement of Final Claim.
Just over half of refused criminal legal aid applications were refused for financial ineligibility
When looking specifically at refused criminal legal aid applications, financial ineligibility remained the most common reason for refusal (55%), followed by coverage restrictions at 19% (Table 8). By province/territory, Nunavut and Quebec had the highest proportion of financial ineligibility refusals (100% and 88%), Newfoundland and Labrador had the highest proportion of coverage restriction refusals (63%), Yukon had the highest proportion of lack of merit refusals (36%), and Nova Scotia had the highest rate of refusal of all jurisdictions for non-compliance or abuse, at 18%.
Provinces |
Total reasons for refusaltable note 2 |
Reasons for refusal |
||||
---|---|---|---|---|---|---|
Financial ineligibilitytable note 3 |
Coverage restrictionstable note 4 |
Lack of merittable note 5 |
Non-compliance or abusetable note 6 |
Other reasons for refusaltable note 7 |
||
NL |
1,201 (100) | 255 (21) | 759 (63) | 83 (7) | - | 104 (9) |
PEI |
64 (100) | 64 (100) | 0 (0) | 0 (0) | - | 0 (0) |
NS |
450 (100) | 224 (50) | 31 (7) | 20 (4) | 82 (18) | 93 (21) |
NB |
255 (100) | 37 (15) | 134 (53) | 4 (2) | 1 (0) | 79 (31) |
QC |
18,477 (100) | 16,306 (88) | 1,260 (7) | 49 (0) | 2 (0) | 860 (5) |
ON |
4,682 (100) | 2,189 (47) | 1,987 (42) | 316 (7) | - | 190 (4) |
MB |
5,124 (100) | 2,118 (41) | 1,774 (35) | 155 (3) | 193 (4) | 884 (17) |
SK |
1,301 (100) | 551 (42) | 648 (50) | 68 (5) | 21 (2) | 13 (1) |
AB |
8,107 (100) | 1,880 (23) | 1,142 (14) | - | - | 5,085 (63) |
BC |
4,276 (100) | 651 (15) | 737 (17) | - | - | 2,888 (68) |
YK |
22 (100) | 12 (55) | 0 (0) | 8 (36) | 1 (5) | 1 (5) |
NT |
218 (100) | - | - | - | - | - |
NU |
1 (100) | 1 (100) | 0 (0) | 0(0) | 0(0) | 0 (0) |
CA |
44,178 (100) | 24,288 (55) | 8,472 (19) | 703 (2) | 300 (1) | 10,197 (23) |
– Refers to data that is not available or that was not provided by the jurisdiction as reported in the Statement of Final Claim.
Table 9 shows refused civil and I&R applications by reasons for refusal. The proportions remained consistent with criminal applications, with 56% of applications nationwide refused for financial ineligibility, and 19% falling under coverage restrictions. Prince Edward Island and Quebec had the highest proportions of ‘other civil’ applications refused for financial ineligibility (72% and 72%). Newfoundland and Labrador had the highest proportion of ‘other civil’ applications refused for coverage restrictions (41%), and Yukon and Manitoba had the highest proportion of ‘other civil’ applications refused for lack of merit (30% and 28%). For I&R applications, Quebec had the highest proportion refused for financial ineligibility (82%), Alberta had the highest proportion refused for coverage restrictions (31%), and Newfoundland and Labrador had the highest proportion refused for lack of merit (56%) (Table 9).
Total refusedtable note 2 |
Financial ineligibilitytable note 3 |
Coverage restrictionstable note 4 |
Lack of merittable note 5 |
Non-compliance or abusetable note 6 |
Other reasons for refusal table note 7 |
||
---|---|---|---|---|---|---|---|
NL |
Other Civil | 1,724 (100) | 304 (18) | 712 (41) | 418 (24) | - | 290 (17) |
I&R | 16 (100) | 1 (6) | 3 (19) | 9 (56) | - | 3 (19) | |
Total | 1,740 (100) | 305 (18) | 715 (41) | 427 (25) | - | 293 (17) | |
PEI |
Other Civil | 36 (100) | 26 (72) | 3 (8) | 6 (17) | 0 | 1 (3) |
I&R | |||||||
Total | 36 (100) | 26 (72) | 3 (8) | 6 (17) | 0 | 1 (3) | |
NS |
Other Civil | 1711 (100) | 959 (56) | 269 (16) | 140 (8) | 76 (4) | 267 (16) |
I&R | |||||||
Total | 1711 (100) | 959 (56) | 269 (16) | 140 (8) | 76 (4) | 267 (16) | |
NB |
Other Civil | 157 (100) | 83 (53) | 49 (31) | 7 (4) | 2 (1) | 16 (10) |
I&R | |||||||
Total | 157 (100) | 83 (53) | 49 (31) | 7 (4) | 2 (1) | 16 (10) | |
QC |
Other Civil | 24,906 (100) | 18,033 (72) | 3,390 (14) | 1,179 (5) | 69 (0) | 2,235 (9) |
I&R | 1,019 (100) | 835 (82) | 33 (3) | 68 (7) | 0 | 83 (8) | |
Total | 25,925 (100) | 18,868 (73) | 3,423 (13) | 1,247 (5) | 69 (0) | 2,318 (9) | |
ON |
Other Civil | 4,064 (100) | 2,629 (65) | 929 (23) | 331 (8) | - | 175 (4) |
I&R | 1,064 (100) | 448 (42) | 261 (25) | 286 (27) | - | 69 (6) | |
Total | 5,128 (100) | 3,077 (60) | 1,190 (23) | 617 (12) | - | 244 (5) | |
MB |
Other Civil | 3,106 (100) | 1,391 (45) | 643 (21) | 857 (28) | 59 (2) | 156 (5) |
I&R | 108 (100) | 45 (42) | 15 (14) | 22 (20) | 4 (4) | 22 (20) | |
Total | 3,214 (100) | 1,436 (45) | 658 (20) | 879 (27) | 63 (2) | 178 (6) | |
SK |
Other Civil | 708 (100) | 485 (69) | 20 (3) | 147 (21) | 6 (1) | 50 (7) |
I&R | |||||||
Total | 708 (100) | 485 (69) | 20 (3) | 147 (21) | 6 (1) | 50 (7) | |
AB |
Other Civil | 6,797 (100) | 2446 (36) | 2004 (29) | - | - | 2,347 (35) |
I&R | 213 (100) | 46 (22) | 65 (31) | - | - | 102 (48) | |
Total | 7,010 (100) | 2492 (36) | 2069 (30) | - | - | 2,449 (35) | |
BC |
Other Civil | 4,525 (100) | 734 (16) | 1216 (27) | - | - | 2,575 (57) |
I&R | 426 (100) | 136 (32) | 126 (30) | - | - | 164 (38) | |
Total | 4,951 (100) | 870 (18) | 1,342 (27) | - | - | 2,739 (55) | |
YK |
Other Civil | 30 (100) | 18 (60) | 0 (0) | 9 (30) | 0 (0) | 3 (10) |
I&R | |||||||
Total | 30 (100) | 18 (60) | 0 (0) | 9 (30) | 0 (0) | 3 (10) | |
NT |
Other Civil | 183 (100) | - | - | - | - | - |
I&R | |||||||
Total | 183 (100) | - | - | - | - | - | |
NU |
Other Civil | 33 (100) | 17 (52) | 13 (39) | 0 (0) | 1 (3) | 2 (6) |
I&R | |||||||
Total | 33 (100) | 17 (52) | 13 (39) | 0 (0) | 1 (3) | 2 (6) | |
CA |
Other Civil | 47,980 (100) | 27,125 (57) | 9,248 (19) | 3,094 (6) | 213 (0) | 8,117 (17) |
I&R | 2,846 (100) | 1,511 (53) | 503 (18) | 385 (14) | 4 (0) | 443 (16) | |
Canada | 50,826 (100) | 28,636 (56) | 9,751 (19) | 3,479 (7) | 217 (0) | 8,560 (17) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
More than 8 in 10 applications for full legal representation from self-identified Indigenous clients were approved
Table 10 shows applications for full legal representation from individuals who self-identified as Indigenous in the provinces and territories that collect this data. Of the 62,706 applications received for all matters, 82% were approved. This proportion was similar among both criminal and civil applications, with 83% of criminal and 78% of civil applications approved. By jurisdiction, Nova Scotia and Prince Edward Island had the highest proportions of criminal appliations approved (99% and 97%), while Newfoundland and Labrador and Manitoba had the lowest (63% and 64%). For civil applications, Nova Scotia and Ontairo had the highest proportions of applications approved (90% and 88%), while Prince Edward Island and British Columbia had the lowest (62% and 65%).
All applications | Criminal legal aid applications | Civil legal aidtable note 6 applications | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
Total received | Total approved | Total refused | Othertable note 5 | Total received | Total approved | Total refused | Other | Total received | Total approved | Total refused | Other | |
NL | 635 (100) | 399(63) | 236 (37) | - | 635 (100) | 399 (63) | 236 (37) | - | - | - | - | - |
PE | 98 (100) | 88 (90) | 6 (6) | 4(4) | 77 (100) | 75 (97) | 2 (3) | 0 | 21 (100) | 13 (62) | 4 (19) | 4 (19) |
NS | 2,291 (100) | 2,221 (97) | 70 (3) | - | 1,851 (100) | 1,826 (99) | 25 (1) | 0 | 440 (100) | 395 (90) | 45 (10) | 0 |
NB | 340 (100) | 278 (82) | 29 (9) | 33 (10) | 224 (100) | 190 (85) | 22 (10) | 12 (5) | 116 (100) | 88 (76) | 7 (6) | 21 (18) |
QC | - | - | - | - | - | - | - | - | - | - | - | |
ON | 19,269 (100) | 17,628 (91) | 1,067 (6) | 574 (3) | 14,735 (100) | 13,653 (93) | 728 (5) | 354 (2) | 4,534 (100) | 3,975 (88) | 339 (7) | 220 (5) |
MB | 17,332 (100) | 11,404 (66) | 3,518 (20) | 2,410 (14) | 13,704 (100) | 8,789 (64) | 2,509 (18) | 2,406 (18) | 3,628 (100) | 2,615 (72) | 1,009 (28) | 4 (0) |
SK | 12,059 (100) | 10,634 (88) | 1,010 (8) | 415 (3) | 9,129 (100) | 8,275 (91) | 738 (8) | 116 (1) | 2,930 (100) | 2,359 (81) | 272 (9) | 299 (10) |
AB | - | - | - | - | - | - | - | - | - | - | - | |
BC | 9,517 (100) | 7,578 (80) | 1,939 (20) | - | 6,819 (100) | 5,833 (86) | 986 (14) | - | 2,698 (100) | 1,745 (65) | 953 (35) | - |
YK | - | - | - | - | - | - | - | - | - | - | - | - |
NT | 1,165 (100) | 976 (84) | 350 (30) | 161 (-14) | 857 (100) | 750 (88) | 205 (24) | -98 (-11) | 308 (120) | 226 (73) | 145 (47) | -63 (-20) |
NUtable note 7 | - | - | - | - | - | - | - | - | - | - | - | |
CA | 62,706 (100) | 51,206 (82) | 8,225 (13) | 3,275 (5) | 48,031 (100) | 39,790 (83) | 5,451 (11) | 2,790 (6) | 14,675 (100) | 11,416 (78) | 2,774 (19) | 485 (3) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Over 1.2 million duty counsel assists were provided in 2018-19
Duty counsel is legal assistance rendered without charge to unrepresented individuals who, in many cases, are about to make an appearance in court. Duty counsel services refer to services provided by a lawyer at a location other than a legal aid office, generally at court or a place of detention. Most often, the services provided are brief, and pertain to provision of summary services, docket court appearances, or representation at a first appearance or plea court.
As a result of the Supreme Court of Canada decision in R. v. Brydges, all provinces and territories offer temporary access to duty counsel through telephone in the immediate period after an accused has been arrested or detained. These services are provided to accused persons without application, and they are free of charge.
For criminal matters, duty counsel services (either Brydges telephone services or in person court services) are available in all provinces and territories. Civil duty counsel services are available in six provinces: Newoundland and Labrador, Nova Scotia (NS offers family duty counsel, which is referred to as summary advice counsel), New Brunswick, Ontario, Manitoba (for child protection matters), and British Columbia; while I&R duty counsel services are available in Newfoundland and Labrador, Ontario, and British Columbia.
A majority of provinces and territories do not apply eligibility criteria for duty counsel services. Of those that do, New Brunswick applies a scope of service eligibility criteria, but not a financial eligibility critieria,Footnote 2 while Ontario applies eligibility criteria which are outlined on their website.Footnote 3 British Columbia applies eligibility criteria only to family duty counsel services.Footnote 4
Eleven jurisdictions provided data on the number of duty counsel services provided to clients in 2018-19 (Table 11). There were 1,229,291 duty counsel assists provided to legal aid clients in these jurisdictions. A total of 83% of these assists were for criminal matters, and 17% were for civil matters (including I&R).
For jurisdictions that provided data on both criminal and civil duty counsel services, Quebec and Prince Edward Island had the highest proportions of criminal duty counsel assists provided, both with 100% of duty counsel assists for criminal matters. British Columbia had the lowest proportion of criminal matter assists, with 76% criminal assists and 24% civil.
Total duty counsel services N (%) |
Criminal duty counsel servicestable note 1 | Provincial Statute Offences N (%) |
Civil duty counsel servicestable note 2 | |||||
---|---|---|---|---|---|---|---|---|
Total criminal duty counsel services N (%) |
Adult matters | Youthtable note 3 matters | Total civil duty counsel services N (%) |
I&Rtable note 4 | Other civil matterstable note 5 | |||
NLp | 12,896 (100) | 12,363 (96) | 11,848 | 515 | - | 536 (4) | 3 | 533 |
PEI | 777 (100) | 777 (100) | 777 | 0 | 0 (0) | 0 (0) | n/a | 0 (0) |
NSA | 21,328 (100) | 18,359 (86) | 17,529 | 743 | 765 (4) | 2,204 (10) | n/a | 2,204 |
NBA | 23,663 (100) | 22,341 (94) | 21,298 | 1043 | 145 (145) | 1,177 (5) | n/a | 1,177 |
QC | 24,883 (100) | 24,883 (100) | 24,883 | - | 0 (0) | 0 (0) | n/a | 0 (0) |
ONA | 939,099 (100) | 768,504 (82) | 741,556 | 26,948 | 0 (0) | 170,595 (18) | 2 | 170,593 |
MBA | 47,587 (100) | 43,762 (92) | 38,763 | 4,999 | 0 (0) | 3,825 (8) | n/a | 3,825 |
SKA | 35,508 (100) | 35,228 (99) | 32,044 | 3,184 | 280 (1) | - | n/a | - |
AB | - | - | - | - | - | - | n/a | - |
BCA | 117,494 (100) | 89,153 (76) | 87,110 | 2,043 | 0 (0) | 28,341 (24) | 1,036 | 27,305 |
YKP | 1,737 (100) | 1,711 (99) | 1,545 | 166 | 0 (0) | 26 (1) | n/a | 0 (0) |
NTA | 4,316 (100) | 3,637 (84) | 3,358 | 279 | 679 (16) | - | n/a | - |
NUtable note 6 | - | - | - | - | - | - | n/a | - |
CA | 1,229,291 (100) | 1,020,718 (83) | 980,711 | 39,920 | 1,869 (0) | 206,704 (17) | 1,041 | 205,637 |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
P – Count is by number of persons assisted.
A – Count is by number of assists – this refers to the number of times duty counsel was provided for each category of service provided for adult and youth criminal legal aid, provincial statute offences, I &R and civil legal aid.
Over 89 million dollars of expenditures on duty counsel services in 2018-19
Nationally, there were total expenditures of $89,204,640 for duty counsel services in 2018-19. The highest proportion of duty counsel expenditures were for criminal duty counsel services, at $63,755,204, or 71% of total expenditures in 2018-19. Civil duty counsel services made up 29% of expenditures. Within criminal duty counsel services, 96% of expenditures went towards adult matters (Table 12).
Total duty counsel services $ (%) | Criminal duty counsel servicestable note 2 | Provincial Statute Offences $ (%) |
Civil duty counsel servicestable note 3 | |||||
---|---|---|---|---|---|---|---|---|
Total criminal duty counsel services $ (%) |
Adult matters | Youthtable note 4 matters | Total civil duty counsel services $ (%) |
I&Rtable note 5 | Other civil matterstable note 6 | |||
NL | 210,755 (100) | 210,755 (100) | 210,755 (100) | - | - | - | n/a | - |
PEI | 65,555 (100) | 65,555 (100) | 65,555 (100) | 0 | 0 | 0 | n/a | 0 |
NS | 2,587,863 (100) | 2,214,680 (86) | 2,126,610 (82) | 88,070 (3) | 373,183 (14) | n/a | 373,183 (14) | |
NB | 1,154,273 (100) | 1,052,544 (91) | 1,045,373 (91) | 7,171 (1) | 4,093 (0) | 97,636 (8) | n/a | 97,636 (8) |
QC | 998,115 (100) | 998,115 (100) | 998,115 (100) | 0 | 0 | 0 | 0 | |
ON | 60,770,071 (100) | 40,692,698 (67) | 39,043,607 (64) | 1,649,091 (3) | 0 | 20,077,373 (33) | 355 (0) | 20,077,018 (33) |
MB | 2,685,282 (100) | 2,439,745 (91) | 2,160,132 (80) | 279,613 (10) | 0 | 245,537 (9) | 0 | 245,537 (9) |
SK | 626,159 (100) | 623,057 (100) | 608,291 (97) | 14,766 (2) | 3102 (0) | n/a | ||
AB | 10,103,485 (100) | 9,030,120 (89) | 8,658,977 (86) | 371,143 (4) | 0 | 1,073,365 (11) | 0 | 1,073,365 (11) |
BC | 10,003,082 (100) | 6,427,935 (64) | 6,128,668 (61) | 299,267 (3) | 0 | 3,575,147 (36) | 140,581 (10) | 3,434,566 (34) |
YK | - | - | - | - | - | - | n/a | - |
NT | - | - | - | - | - | - | n/a | - |
NUtable note 7 | - | - | - | - | - | - | n/a | - |
CA | 89,204,640 (100) | 63,755,204 (71) | 61,046,083 (96) | 2,709,121 (4) | 7,195 (0) | 25,442,241 (29) | 140,936 (1) | 25,301,305 (99) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Almost three quarters of applications for legal aid services to deal with an appeal were approved
Out of the 6,626 applications for legal aid services for an appeal case, almost three quarters were approved for legal aid services (71%). For criminal matters, 63% were approved, and for civil matters more than three quarters (77%) were approved (Table 13).
Aside from Saskatchewan and Northwest Territories, where all appeal applications were approved in 2018-19, Ontario and Nova Scotia had the highest proportion of appeal cases approved for legal aid services (86% and 85%), while Newfoundland and Labrador had the lowest proportion of cases approved (42%). For criminal cases, Saskatchewan and Nova Scotia had the highest proportion of appeal cases approved (100% and 98%) and British Columbia had the lowest (26%). For civil cases, Ontario had the highest proportion of cases approved (91%), and New Brunswick had the lowest (25%) (Table 13).
Total criminal and civil matters | Criminal matters (adult and youth) | Civil matters | |||||||
---|---|---|---|---|---|---|---|---|---|
Total Approved and refused appeals N (%) | Total Approved appeals N (%) | Total Refused appeals N (%) | Approved and refused appeals N (%) | Approved appeals N (%) | Refused appeals N (%) | Approved and refused appeals N (%) | Approved appeals N (%) | Refused appeals N (%) | |
NL | 451 (100) | 189 (42) | 262 (58) | 224 (100) | 97 (43) | 127 (57) | 227 (100) | 92 (41) | 135 (59) |
PEI | 5 (100) | 4 (80) | 1 920) | 5 (100) | 4 (80) | 1 (20) | 0 | 0 | 0 |
NS | 60 (100) | 51 (85) | 9 (15) | 40 (100) | 39 (98) | 1 (2) | 20 (100) | 12 (60) | 8 (40) |
NB | 27 (100) | 15 (56) | 12 (44) | 19 (100) | 13 (68) | 6 (32) | 8 (100) | 2 (25) | 6 (75) |
QC | 1,016 (100) | 524 (52) | 492 (48) | 445 (100) | 251 (56) | 194 (44) | 571 (100) | 273 (48) | 298 (52) |
ON | 3,756 (100) | 3,217 (86) | 539 (14) | 1,559 (100) | 1,212 (78) | 347 (82) | 2,197 (100) | 2,005 (91) | 192 (9) |
MB | 262 (100) | 167 (64) | 95 (36) | 160 (100) | 85 (53) | 75 (47) | 102 (100) | 82 (80) | 20 (20) |
SK | 28 (100) | 28 (100) | 0 (0) | 28 (100) | 28 (100) | 0 (0) | 0 | 0 | 0 |
AB | - | - | - | - | - | - | - | - | - |
BC | 1,010 (100) | 486 (48) | 524 (52) | 418 (100) | 107 (26) | 311 (74) | 592 (100) | 379 (64) | 213 (36) |
YK | - | - | - | - | - | - | - | - | - |
NT | 11 (100) | 11 (100) | 0 (0) | 11 (100) | 11 (100) | 0 (0) | 0 | 0 | 0 |
NU | - | - | - | - | - | - | - | - | - |
CA | 6,626 (100) | 4,692 (71) | 1,934 (29) | 2,909 (100) | 1,847 (63) | 1,062 (37) | 3,717 (100) | 2,845 (77) | 872 (23) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Approximately 600 civil cases were managed under the interprovincial reciprocity agreement in 2018-19
The interprovincial reciprocity agreement refers to an agreement among legal aid plans in Canada to handle non-resident civil cases. Under the terms of the new 2018 agreement, it is no longer a requirement for an applicant to apply in their home province, applications may be made directly to the province where service is required.
Outgoing cases refer to the number of applications for civil legal aid approved by the legal aid plan of a province or territory that are forwarded to other P/T legal aid plans for service. Incoming cases refer to the number of applications approved for civil legal aid by other provincial/territorial legal aid plans which are forwarded to the legal aid plan for service and for which service has been provided.
Data from 2018-19 indicate that provinces/territories handled a total a total of 594 incoming cases and 666 outgoing cases (Table 14). Ontario had the highest number of cases incoming from another province, with 235 cases. Ontario also had the highest number of outgoing cases, with 265 cases where the service was provided by legal aid lawyers in another province or territory.
Total by jurisdiction | ||
---|---|---|
Incoming | Outgoing | |
Newfoundland and Labrador | 5 | 7 |
Prince Edward Island | 10 | 6 |
Nova Scotia | 25 | 33 |
New Brunswick | 12 | 41 |
Quebec | 165 | 165 |
Ontario | 235 | 265 |
Manitoba | 85 | 73 |
Saskatchewan | - | - |
Alberta | 24 | 0 |
British Columbia | 30 | 74 |
Yukon | 3 | 2 |
Northwest Territories | 0 | 0 |
Nunavut | 0 | 0 |
Total | 594 | 666 |
The highest proportion of legal aid clients were male, and accessed criminal legal aid services
As shown in Table 15, overall, 61% of legal aid clients were male, while 39% were female. For criminal matters, the proportion of males was even higher (78%). For I&R matters, 62% of clients were male and 38% were female. However where an I&R matter relates to a principal legal aid applicant with family, only the principal applicant is counted as a client which may result in an undercount of females with I&R matters. For civil matters, a majority of clients were female (64%).
Overall, the most common age category was 18-34 (44%). This trend appears to be the same for males, females and others in all types of matters (criminal, I&R, and civil), with the exception of males in civil matters. For this group, the most common age category was 35-49 (32%). For male criminal legal aid clients, the most common age group was 18-34 (50%), followed by 35-49 (30%). The same pattern was true for female criminal legal aid clients, with the most common age group being 18-34 (53%) followed by 35-49 (29%).
For I&R legal aid, most male clients were in the 18-34 and 35-49 age groups (44% and 43%). The same was true for female clients, with 42% in the 18-34 age group, and 41% in the 35-49 age group. For civil legal aid, male clients were most often in the 35-49 and 18-34 age groups (31% and 25%); female clients were most often in the 18-34 and 35-49 age groups (40% and 33%) (Table 15).
Type of matter | Total | |||
---|---|---|---|---|
Criminal | I&Rtable note 2 | Civil | ||
male 17 and under | 13,407 (7) | 179 (1) | 13,868 (22) | 27,454 (10) |
male 18-34 | 94,239 (50) | 8,018 (44) | 15,426 (25) | 117,683 (44) |
male 35-49 | 55,959 (30) | 7,765 (43) | 19,605 (31) | 83,329 (31) |
male 50+ | 24,221 (13) | 2,214 (12) | 13,540 (22) | 39,975 (15) |
Total males | 187,826 (100) | 18,176 (100) | 62,439 (100) | 268,441 (100) |
female 17 and under | 4,145 (8) | 148 (1) | 14,122 (13) | 18,415 (11) |
female 18-34 | 26,835 (53) | 4,711 (42) | 44,319 (40) | 75,865 (44) |
female 35-49 | 14,780 (29) | 4,558 (41) | 36,943 (33) | 56,281 (32) |
female 50+ | 5,337 (10) | 1,688 (15) | 16,409 (15) | 23,434 (13) |
Total females | 51,097 (100) | 11,105 (100) | 111,793 (100) | 173,995 (100) |
other 17 and under | 78 (10) | 0 | 11 (3) | 89 (8) |
other 18-34 | 387 (48) | * | 171 (49) | 563 (48) |
other 35-49 | 222 (28) | * | 85 (24) | 311 (27) |
other 50+ | 119 (15) | * | 81 (23) | 202 (17) |
Total other | 806 (100) | 11 (100) | 348 (100) | 1,165 (100) |
Total 17 and under | 17,630 (7) | 327 (1) | 28,001 (16) | 45,958 (10) |
Total 18-34 | 121,461 (51) | 12,734 (43) | 59,916 (34) | 194,111 (44) |
Total 35-49 | 70,961 (30) | 12,327 (42) | 56,633 (32) | 139,921 (32) |
Total 50+ | 29,677 (12) | 3,904 (13) | 30,030 (17) | 63,611 (14) |
Canada | 239,729 (100) | 29,292 (100) | 174,580 (100) | 443,601 (100) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
*cell count under 5 supressed.
More than half of Indigenous legal aid clients were males accessing criminal legal aid services
Legal aid plans from Nova Scotia, Ontario, Manitoba, Saskatchewan, British Columbia, and Northwest Territories provided data on self-identified Indigenous legal aid clients. Out of a total of 47,559 Indigenous clients that self-identified in these provinces and territories in 2018-19, 71% accessed criminal legal aid (adult and youth), while 23% accessed civil legal aid. The highest proportion of clients were male adults, accessing criminal legal aid services (52%) (Table 16).
A majority of Indigenous adult and youth criminal legal aid clients were male (80%). In civil cases, there were about twice as many female Indigenous clients as male (66% versus 32%).
Total criminal and civiltable note 2 N (%) | Criminal | Civiltable note 4 | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total Criminal adult N (%) | adult | youthtable note 3 | Total criminal youth N (%) | ||||||||||
male | female | other | male | female | other | male | female | other | Total civil N (%) | ||||
NS | 1,175 (2) | 895 (3) | 548 | 347 | 0 | 72 | 12 | 0 | 84 (3) | 64 | 132 | 0 | 196 (2) |
ON | 17,595 (37) | 12,972 (39) | 9,898 | 3,068 | 6 | 447 | 208 | 0 | 655(24) | 1,428 | 2,537 | * | 3,968 (36) |
MB | 11,428 (24) | 7,909 (24) | 5,835 | 2,043 | 31 | 594 | 310 | 0 | 904 (33) | 929 | 1,673 | 13 | 2,615 (23) |
SK | 9,602 (20) | 6,343 (19) | 4,449 | 1,517 | 377 | 559 | 243 | 40 | 842 (30) | 580 | 1,709 | 128 | 2,417 (22) |
BC | 6,593 (14) | 4,695 (14) | 3,526 | 1,165 | * | 181 | 68 | - | 249 (9) | 501 | 1,148 | - | 1,649 (15) |
NT | 1,166 (2) | 828 (2) | 681 | 147 | 0 | 20 | 10 | - | 30 (1) | 103 | 205 | 0 | 308 (3) |
CA | 47,559 (100) | 33,642 (100) | 24,937 | 8,287 | 418 | 1,873 | 851 | 40 | 2,764 (100) | 3,605 | 7,404 | 144 | 11,153 (100) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
*cell count under 5 supressed.
Legal aid cases for assault were the most frequent offence category, with the highest proportion of in-year expenditures for adult criminal legal aid
Table 17 provides a breakdown of criminal legal aid cases that were approved for full legal representation, and incurred expenditures in 2018-19 in addition to cases that were ongoing from previous years and incurred expenditures in 2018-19. These are broken down by general offence categories, as well as the proportion of in-year expenditures dedicated to each offence category. Note that the offence categories do not refer to specific offences under the Criminal Code, rather, they represent groupings of similar offence types.
The category ‘other offences’ made up the highest proportion of both case volume and in-year expenditures, at 27% of cases, and 22% of in-year expenditures in 2018-19. Among more specific offence categories, assault (18% of case volume and 17% of in-year expenditures) and ‘theft, break and enter, possession of stolen property’ (17% of case volume and 13% of in-year expenditures) were the most frequent types of legal aid cases.
There were a few categories of offences that made up a very small proportion of case volumes, but a comparatively a higher proportion of in-year expenditures. These included homicide, which accounted for 0.6% of cases, but 12% of in-year expenditures; sexual assault which made up 3% of case volume and 7% of expenditures, and robbery cases which each made up 2% of the case volume, but 5% of expenditures (Table 16).
List of Offences and Appeals | Total volume of cases N (%) | Total in-year expenditures (fees and disbursements) Dollars (%) |
---|---|---|
Homicide | 1,470 (.6) | 33,217,228 (12) |
Sexual Assault | 6,291 (3) | 17,441,898 (7) |
Robbery | 5,490 (2) | 13,182,243 (5) |
Kidnapping | 663 (.3) | 2,039,489 (.8) |
Arson | 376 (.2) | 633,126 (.2) |
Narcotics | 20,211 (9) | 28,235,719 (11) |
Theft, Break & Enter, Possession of Stolen Property | 41,041 (17) | 33,506,032 (13) |
Impaired Driving | 5,959 (3) | 4,825,142 (2) |
Other driving offences | 2,700 (1) | 2,711,375 (1) |
Assault | 43,310 (18) | 44,574,089 (17) |
Breach of Probation | 29,435 (13) | 10,447,455 (4) |
Administration of Justice | 11,772 (5) | 16,386,676 (6) |
Proceedings under Part XX.1 Criminal Code (Mental Disorder) | 1,929 (1) | 358,797 (.1) |
Proceedings under the Extradition Act | 13 (0) | 49,987 (0) |
Other Offencestable note 3 | 63,972 (27) | 58,267,694 (22) |
Subtotal - Offences | 234,632 (99) | 265,876,950 (99) |
Appeals: | ||
a. Crown | 1,311 (.6) | 291,108 (.1) |
b. Eligible Person Requested | 190 (.1) | 1,883,812 (.7) |
c. Proceedings under Part XX.1 Criminal Code (Mental Disorder) | 148 (.1) | 0 |
d. Proceedings under the Extradition Act | 11 (1) | 21,314 (0) |
Subtotal - Appeals | 1,660 (.7) | 2,193,418 (.8) |
Total - Criminal Legal Aid – ADULT | 236,292 (100) | 268,073,184 (100) |
Legal aid cases for assault were the most frequent offence category, with the highest proportion of in-year expenditures for youth criminal legal aid
Table 18 provides a breakdown of current youth legal aid cases and incurred expenditures in 2018-19 in addition to cases that were ongoing and incurring expenditures but might have been approved the previous fiscal year or earlier. These are broken down by general offence categories, as well as the proportion of in-year expenditures dedicated to each offence category. Note that the offence categories do not refer to specific offences under the Criminal Code, rather, they represent groupings of similar offence types.
‘Other offences’ made up the highest proportion of case volume (39%) and the highest proportion of in-year expenditures (26%), while assault made up 18% of cases, and 19% of in-year expenditures in 2018-19. ‘Theft, break and enter, possession of stolen property’ was the next most common offence category with 14% of case volume and 12% of in-year expenditures.
There were a few categories of offences that made up a very small proportion of case volume, but a comparatively higher proportion of in-year expenditures. These included homicide, which accounted for 0.4% of cases, but 9% of in-year expenditures and sexual assault, which accounted for 5% of cases but 8% of in-year expenditures. (Table 18).
List of Offences and Appeals | Total volume of cases N (%) | Total in-year expenditures (fees and disbursements) Dollars (%) |
---|---|---|
Homicide | 107 (.4) | 1,939,892 (9) |
Sexual Assault | 1,184 (5) | 1,723,787 (8) |
Assault | 4,550 (18) | 4,233,686 (19) |
Robbery | 1,532 (6) | 1,584,935 (7) |
Kidnapping | 27 (.1) | 59,592 (.3) |
Arson | 133 (.5) | 105,578 (.5) |
Narcotics | 1,283 (5) | 1,636,461 (7) |
Theft, Break & Enter, Possession of Stolen Property | 3,521 (14) | 2,770,906 (12) |
Impaired Driving | 112 (.4) | 162,973 (.7) |
Other Driving Offences | 81 (.3) | 155,416 (.7) |
Breach of Probation | 1,524 (6) | 572,659 (3)) |
Administration of Justice | 1,180 (5) | 1,715,241 (8) |
Proceedings under Part XX.1 Criminal Code (Mental Disorder) | 1 (0) | 959 (0) |
Proceedings under the Extradition Act | 13 (.1) | 7,313 (0) |
Other Offencestable note 4 | 9,729 (39) | 5,731,970 (26) |
Subtotal - Offences | 24,977 (99) | 22,401,368 (99) |
Appeals: | ||
a. Crown | 38 (.2) | 16,656 (.1) |
b. Eligible Person Requested | 2 (0) | 7,326 (0) |
c. Proceedings under Part XX.1 Criminal Code (Mental Disorder) | 0 (0) | 0 (0) |
d. Proceedings under the Extradition Act | 0 (0) | 0 (0) |
Subtotal | 40 (.2) | 23,982 (.1) |
Total - Criminal Legal Aid – YOUTH | 25,017 (100) | 22,425,350 (100) |
Over 41,000 immigration and refugee legal aid certificates were issued in 2018-19
Refugee claimants have the right, under the Immigration and Refugee Protection Act (IRPA), to be represented at immigration and refugee proceedings. Through the Legal Aid Program, the federal government contributes annual funding to the six provinces that provide I&R legal aid services (Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Ontario, and Quebec). I&R matters refer to proceedings of persons (individuals, or principal applicants and family) involved in the immigration and refugee determination system under the provisions of IRPA. I&R legal aid covers the provision of legal advice, assistance and representation for immigration or refugee proceedings before the Immigration and Refugee Board of Canada, the Federal Court , or Immigration, Refugees and Citizenship Canada officials on post-determination actions.
Table 19 shows the volume of I&R legal aid certificates as well as expenditures for I&R legal aid for 2018-19, including certificates carried over from previous fiscal years for cases that are ongoing. In 2018-19, there were 41,109 legal aid certificates issued, with 5,465Footnote 5 certificates carried over from previous fiscal years, in the provinces that reported this data, for a total of 46,574 certificates . A majority of (current and previous fiscal year) certificates were handled by private bar lawyers (70%), while 26% were handled in specialized clinics, and 3% were handled by staff lawyers. The majority of expenditures related to I&R legal aid (75%) were associated with private bar certificates.
Newfoundland and Labrador and Alberta had the highest proportion of staff lawyers working on I&R matters (100% and 57%), while British Columbia has a model with 100% private bar lawyers handling I&R legal aid. Ontario had the highest proportion of cases handled through specialized clinics (34%) (Table 19).
Certificates issued in the fiscal year N (%) |
Expenditures for certificates issued in the fiscal year (dollars) | Certificates carried over from previous fiscal year N (%) |
Expenditures for certificates issued in a previous fiscal year (dollars) | Total number of certificates (previous and current fiscal year) N (%) |
Total expenditures (dollars) (%) | |
---|---|---|---|---|---|---|
Alberta | ||||||
Private Bar | 221 (38) | 200,763 | 150 (53) | 248,885 | 371 (43) | 449,648 (51) |
Staff Lawyer | 365 (62) | 132,500 | 133 (47) | 305,205 | 498 (57) | 437,705 (49) |
Specialized Clinics | - | - | - | - | - | - |
AB totals | 586 (100) | 333,263 | 283 (100) | 554,090 | 869 (100) | 887,353 (100) |
British Columbiatable note 2 | ||||||
Private Bar | 1,351 (100) | 1,190,117 | 885 (100) | 1,342,445 | 2,236 (100) | 2,532,562 (100) |
Staff Lawyer | - | - | - | - | - | - |
Specialized Clinics | - | - | - | - | ||
BC totals | 1,351 (100) | 1,190,117 | 885 (100) | 1,342,445 | 2,236 (100) | 2,532,562 (100) |
Manitoba | ||||||
Private Bar | 602 (92) | 163,061 | 175 (90) | 195,394 | 777 (92) | 358,455 (93) |
Staff Lawyer | 53 (8) | 15,398 | 19 (10) | 11,624 | 72 (8) | 27,022 (7) |
Specialized Clinics | - | - | - | - | - | - |
MB totals | 655 (100) | 178,459 | 194 (100) | 207,018 | 849 (100) | 385,477 (100) |
Newfoundland and Labrador | ||||||
Private Bar | - | - | - | - | - | - |
Staff Lawyer | 8 (100) | 14,822 | 6 (100) | - | 17 (100) | 14,822 (82) |
Specialized Clinics | - | - | - | - | - | - |
NL totals | 8 (100) | 14,822 | 6 (100) | - | 17 (100) | 14,822 (100) |
Ontario | ||||||
Private Bar | 17,498 (62) | 9,231,110 | - | 16,092,871 | 17,498 (62) | 25,323,981 (74) |
Staff Lawyer | 976 (3) | 4,099,369 | - | - | 976 (3) | 4,099,369 (12) |
Specialized Clinics | 9,724 (34) | 4,928,384 | - | - | 9,724 (34) | 4,928,384 (14) |
ON totals | 28,198 (100) | 18,258,863 | - | 16,092,871 | 28,198 (100) | 34,351,734 (100) |
Quebectable note 3 | ||||||
Private Bar | 7,799 (76) | 1,213,202 | 4,094 (100) | 3,076,751 | 11,893 (83) | 4,289,953 (78) |
Staff Lawyer | 32 (0) | 19,667 | - | - | 32 (0) | 19,667 (0) |
Specialized Clinics | 2,480 (24) | 1,208,057 | - | - | 2,480 (17) | 1,208,057 (22) |
QC totals | 10,311 (100) | 2,440,926 | 4,094 (100) | 3,076,751 | 14,405 (100) | 5,517,677 (100) |
Canada | ||||||
Private Bar | 27,471 (67) | 11,998,253 | 5,304 (97) | 20,956,346 | 32,775 (70) | 32,954,599 (75) |
Staff Lawyer | 1,434 (3) | 4,281,756 | 161 (3) | 316,829 | 1,595 (3) | 4,598,585 (11) |
Specialized Clinics | 12,204 (30) | 6,136,441 | 0 (0) | 0 | 12,204 (26) | 6,136,441 (14) |
Canada totals | 41,109 (100) | 22,416,450 | 5,465 (100) | 21,273,175 | 46,574 (0) | 43,689,625 (100) |
– Refers to data that were not available or that were not provided by the jurisdiction as reported in the Statement of Final Claim.
Specialized Courts
Specialized or problem-solving courts focus on a particular type of offence or offender. They typically involve an interdisciplinary team that is focused on addressing the underlying causes of offending.Footnote 6 The following section provides information on the specialized courts operating in Canada. Table 20 provides an overview of the service delivery models available at specialized courts across Canada.
Mental Health/Wellness/Community Courts
Mental health courts are designed to assist accused persons who have mental health issues. This typically involves specially trained personnel and processes that take into consideration the difficulties that a person with mental health issues may encounter in the criminal justice process.
Wellness/community courts offer integrated supports and services designed to address the problems associated with repeat offenders struggling to reintegrate into society.
There are 11 jurisdictions that operate mental health/wellness/community courts. This includes Newfoundland and Labrador, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, Northwest Territories and Yukon.
Drug Treatment Courts
Drug treatment courts aim to reduce crime committed as a result of drug dependency through court-monitored treatment and community service support for non-violent offenders with drug addictions. Drug treatment courts currently operate in Newfoundland and Labrador, Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, and British Columbia.
First Nations/Gladue Courts
First Nations/Gladue courts offer restorative justice and traditional approaches for sentencing Indigenous offenders. These courts currently operate in Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, and British Columbia.
Youth Courts
Youth between the ages of 12 to 17 who are accused of a crime have their matters heard in youth court, which is a separate court division. Youth courts currently operate in every province and territory in Canada.
Family/Domestic Violence Courts
Family/domestic violence courts are designed to handle cases of domestic/family violence by offering an integrated, collaborative approach focusing on supporting victims, increasing offender responsibility, and providing early intervention. These courts currently operate in Newfoundland and Labrador, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, and Northwest Territories.
NL | PEI | NS | NB | QC | ON | MB | SK | AB | BC | YK | NT | NUtable note 1 | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mental Health/Wellness Community Court | ||||||||||||||
Full Legal Representation | Y | N | Y | Y | Y | Y | Y | Y | Y | N | Y | n/a | ||
Duty Counsel Services | Y | N | N | Y | N | Y | Y | Y | Y | Y | n/a | |||
Expanded Duty Counsel | N | N | Y | N | Y | Y | N | Y | Y | n/a | ||||
Drug Treatment Court | ||||||||||||||
Full Legal Representation | Y | N | Y | N | Y | Y | Y | Y | Y | N | N | n/a | ||
Duty Counsel Services | Y | N | N | N | N | Y | Y | Y | Y | N | n/a | |||
Expanded Duty Counsel | N | N | N | N | Y | Y | N | N | N | n/a | ||||
First Nations/Gladue Court | ||||||||||||||
Full Legal Representation | N | N | Y | Y | Y | Y | Y | Y | Y | N | N | n/a | ||
Duty Counsel Services | N | N | N | Y | N | Y | Y | Y | Y | N | n/a | |||
Expanded Duty Counsel | N | N | Y | Y | N | Y | Y | N | N | N | n/a | |||
Youth Court | ||||||||||||||
Full Legal Representation | N | N | Y | Y | Y | Y | Y | Y | Y | N | Y | n/a | ||
Duty Counsel Services | N | N | Y | Y | N | Y | Y | Y | Y | Y | n/a | |||
Expanded Duty Counsel | N | N | Y | Y | N | Y | Y | N | N | Y | n/a | |||
Domestic Violence Court | ||||||||||||||
Full Legal Representation | N | N | Y | Y | Y | Y | Y | Y | Y | N | Y | n/a | ||
Duty Counsel Services | N | N | Y | Y | N | Y | Y | Y | Y | Y | n/a | |||
Expanded Duty Counsel | N | N | Y | N | Y | Y | N | N | Y | n/a | ||||
Unified Family Court | ||||||||||||||
Full Legal Representation | N | N | Y | N | Y | Y | Y | Y | Y | N | N | n/a | ||
Duty Counsel Services | Y | N | Y | N | N | Y | Y | Y | N | N | n/a | |||
Expanded Duty Counsel | N | N | N | N | Y | Y | N | N | N | n/a |
Table 21 – Legal aid program innovations
Legal aid plans provided information on innovative practices or programs that were implemented for criminal legal aid in 2018-19. An "innovation" refers to a new or improved way of delivering criminal legal aid that targets vulnerable populations, modernizes processes using technology, enhances business practices, and/or supports improved data collection and performance measurement.
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Legal Aid Record Management Application (LARMA) | Development of an application to replace PEILA's manual processes for program administration and records management. | Primary software development has been completed. Work is continuing on operational issues. The goal of replacing the manual data collection system has not been fully reached, but is getting closer. | More efficient file tracking and case management. Program is intended to capture the aggregate data required for this Claim and other statistical reporting requirements. | To be developed. | Program management. Government and public information users. |
2. Records Information Management (RIM) | RIM is a major cross government initiative to structure and improve records management and retention in the Province. | Primary restructuring and development phase: 2017-2020. | Improved framework for organization of administrative records and approved schedules for retention. | As determined by the Province. | PEILA program management. More cost effective off-site storage of records will better facilitate retrieval, preservation, and destruction. |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Updated Brydges Manual including Quick Reference Guide and Modular Training | Providing a user friendly manual and quick reference guide to assist duty counsel lawyers providing Brydges services. | Completed in 2018/19 | Improved duty counsel service. | N/A | Staff lawyers and private lawyers providing duty counsel services. |
2. Development of videos for public legal information on criminal law issues. | To provide public legal information on criminal law issues for the public. | Completed in 2018/19 | Citizens will be more informed on specific criminal law issues. | Tracking of number of views of the specific videos. | Citizens and criminal clients. |
3. Tracking of court support workers time in the Domestic Violence Court | To track the work of non-lawyers involved in the criminal court system. | Throughout 2018/19 | We can measure the value of the time spent by non-lawyers involved in assisting clients. | Hours of case time provided by court support workers. | Legal Aid plan and Province. Shows the value of work done by non-lawyers. |
4. New server/storage drive | To increase storage to enable move to e-disclosure. | Equipment purchased in 2018/19 | Increased storage is now available which enables us to move forward with e-disclosure. | Services delivered in a more efficient way. Less paper required/cost savings. | Staff lawyers, court support workers and clients. |
5. Expanded into new wellness and mental health courts. | To provide responsive and appropriate service to clients. Improve justice system. | Throughout 2018/19 | Clients have better outcomes in wellness and mental health courts. | Number of clients assisted in wellness and mental health courts. | Clients and other justice partners. The criminal justice system. |
6. Cultural competency training | To improve cultural competency of staff. | Throughout 2018/19 | Improved culturally competent services. | N/A | Clients from marginalized communities. |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
---|---|---|---|---|---|
1. Strategic Plan | Focus on 3 strategic pillars: Client Focus, Service Excellence, and Organizational Sustainability. | 2018-19 to 2020-21 | website | All stakeholders | |
2. Publish taxation guidelines for private bar lawyers. | Clarify billing requirements, rates for various disbursements, supporting documentation required, etc. | Development: 2018-19; to be implemented in 2019-20. | Reduce private bar invoices submitted with errors. | N/A | Private Bar |
3. Electronic Funds Transfer - Direct Deposit | Direct deposit payment processing for staff, private bar and recurring supplier invoices. | Development: 2018-19; phased implementation May-June 2019. | More efficient payment of expenses, eliminate the costly production and mailing of cheques, and reduce the time between submission of invoices and payment. | N/A | Staff, private bar, and recurring suppliers (ie. office supplies, rent). |
4. Criminal Duty Counsel Statistics project | Improve availability of criminal duty counsel service statistics provided by staff lawyers to management for strategic and budgetary decisions. | Development: 2018-19; implemented in 2019-20. | Average cycle time from date service provided to data entry in CMS reduced from 65 days to 25 days. | Cycle time. | Staff lawyers, management |
Average data entry time per appearance reduced from 3.1 minutes to 47 seconds. | Data entry time. | Administrative staff | |||
5. Review/update website content and organization of information | Reconfigure website on a newer platform with more functionality to meet bilingual requirements; and update content. | Development started in 2018-19; target implementation date is 2019-20. | Newer platform will have more functionality to make content updates easier. | N/A | Staff responsible for updates. |
Updated content and organization of information. | N/A | All visitors to website. | |||
6. Laptops for lawyers | Replace desktop computers with laptops that lawyers can take to court. | Implemented 2018-19. | Facilitate trial services and scheduling. | N/A | Staff lawyers, clients. |
7. Sharing of research and documents | Update and maintain existing folders on the shared drive. | Discussions started in 2018-19; revised process to be implemented in 2019-20. | Central location for research and precedents. | N/A | Staff lawyers |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Mental Health Justice Accompaniment Program. PAJ- SM |
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2. Court of Quebec Drug Treatment Program |
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3. Laval Mental Health Intervention Protocol. PIL-SM |
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4. Homeless justice accompaniment program at the Court. PAJIC |
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5. Court Accompaniment Program - Elder Abuse. PAJMA |
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6. EVE Programme |
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7. Examinations for discovery |
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8. Processing the application for legal aid by videoconference |
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9. IMPAC Project (Multisectoral Intervention Municipal Court Accompaniment Programs) |
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10. Alternative Measures Project |
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11. Alternative Measures Program for Adults in Aboriginal Communities |
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Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. LAO Bail Strategy: LAO Bail Project | A multi-stakeholder initiative to improve bail court efficiency and outcomes, and address issues for clients in remand custody. Ten new Duty Counsel Bail Coordinators (BCs) work alongside 10 Bail Vettor Crowns in high-volume bail courts to streamline bail by facilitating discussions of pre-trial release and early resolutions. Six new Institutional Duty Counsel (IDCs) work in six provincial correctional institutions to address client issues and liaise with court duty counsel and external stakeholders, with the goal of filling service gaps and making each court appearance meaningful. | Duty Counsel Bail Coordinators and Institutional Duty Counsel in place as of spring 2017. The positions were made permanent in 2018. Data collection and reporting are in place. | N/A | Anticipated benefits are: improved client service; improved stakeholder relations; reductions in delay and workflow improvements. All Bail Strategy sites (ten courts and six jails) use the electronic interview worksheet to capture client data, streamline client service, and capture outcomes. The strategy has improved relations with the private bar, and improved communications and relations with Crowns and institutions. In some locations, all scheduled bail hearings are being dealt with on the same day, as opposed to being routinely adjourned. When clients refuse to go to court, IDC are able to get instructions for them so their next court appearance is not wasted. IDC also facilitate efficient certificate issuance and build relationships of trust with vulnerable mental health clients. Many courts have noticed fewer delays and more efficient use of court time, addressing R. v. Jordan concerns. | Clients, including vulnerable mental health clients and Indigenous and racialized clients who are over-represented in corrections inlcuding in the remand population. Courts and institutions, through reductions in delay and adjournments, and reduced pressure related to high numbers of persons in remand custody. |
2. LAO Bail Strategy: Bail Advocacy and Bail Review Initiatives | The Bail Strategy supports reduction of the remand population by reducing bail system delay as well as by encouraging more appropriate bail releases in cases where public safety is not at risk, through correct application of the “ladder principle” of bail law, which states that a more onerous form of release should not be ordered unless the Crown shows why a less onerous form is inappropriate. The strategy addresses bail and remand issues by supporting high quality bail advocacy and facilitating access to quick bail reviews, to tackle over-reliance on sureties and overly-restrictive bail conditions. |
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Positive results at the 1000 Finch pilot site, including successful duty counsel bail reviews, have led LAO to commit to developing a framework for duty counsel across the province to conduct bail reviews for appropriate cases. | N/A | Clients, through fairer bail outcomes. Justice system, through an anticipated reduction in administration of justice charges related to unrealistic bail conditions, and a reduction in justice system delay. Correctional system, through an anticipated reduction in remand custody. |
3. School-to-Prison Pipeline Education Grant | Provide funding to Black-led and Black-focussed community-based organizations to deliver legal aid services to Black students who are facing suspension or expulsion. |
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Reduce the number of Black students who are suspended and expelled from school. Help ensure that these students do not enter the criminal justice system. |
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Clients, justice and community partners: • initiative helps address systemic issue of overrepresentation of Black youth in suspension and expulsion proceedings; • studies have shown that suspension and expulsion from school are significant predictors of future engagement with the criminal justice system; • by basing legal services in community-based organizations, clients are able to receive wraparound services; • strengthened relationship between LAO and members of Ontario's Black communities. |
4. Discretionary Expanded Legal Eligibility Certificates for Vulnerable Clients Not Facing Incarceration | Discretionary access to an expanded legal eligibility certificate for full representation for the following types of cases regardless of the fact that the accused is not likely facing incarceration:
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Introduced December 2016. Under-utilization of these certificates to date has prompted internal messaging to increase awareness of when it is appropriate to issue them. | Address over-representation of Indigenous and racialized persons in the criminal justice system. Support vulnerable clients including those with mental health issues and those experiencing domestic violence. Assist vulnerable clients with meritorious cases to avoid a criminal record. | Between August 20, 2018 to March 31, 2019 LAO issued 130 certificates in this catergory. | Clients and justice system: vulnerable clients who meet the criteria may be able to avoid a criminal record; early intervention to avoid a criminal record may help clients to avoid future interaction with the justice system; legal assistance for meritorious cases can reduce self-representation, thus avoiding justice system delay. |
5.Application Review and Access Improvements: In-Custody and Out-of-Custody | In-custody application initiatives: Objective is to avoid instances where an accused making an appearance is returned to jail for the sole purpose of completing their legal aid application, where a bail or sentencing hearing is otherwise ready to proceed. The process does not guarantee a certificate, only an assessment of eligibility. LAO is also conducting a full province-wide assessment of all certificate application processes and is in the process of developing a client digital service channel to enable self-access and seamless service delivery online. Adding digital service channels to the overall service model will significantly expand access, improve client experience and gain efficiencies. | Individual initiatives related to in-custody applications in progress beginning in 2017-2018 (Toronto South Detention Centre, where counsel may make certificate applications for in-custody clients by submitting an application form) and continuing in 2018-2019. Same-day in-custody assessments, piloted in Ottawa since August 2018, will be rolled out province wide in 2018-2019. LAO introduced an additional method to expedite the application process for in custody clients by allow lawyers to make same-day legal aid applications for clients who are in custody and in court from October 2018 to March 2019. |
Goals for in-custody application review and improvements are to: expedite service; simplify processes and reduce steps where possible; coordinate in-custody applications across service channels (by phone using the dedicated inmate phone line; by video; in person at court); assist vulnerable clients. | Shorter application times, fewer times for clients to contact LAO and faster decision on certificate assessments for clients and counsel | In-custody assessments: Clients; courts, and justice system. Clients, and particularly those from vulnerable groups facing additional barriers, receive access to legal assistance earlier; fewer adjournments as a result. Ensures that no accused person will have to be remanded in to custody for the sole reason of making a legal aid application. |
6. Service Integration - Duty Counsel Worksheet | Deploy and continue to improve online worksheet to capture bring-forward and service information about clients to improve client service, improve record-keeping and better understand (through enhanced reporting) services delivered. Obtain better data and understanding of issues related to bail and delay in criminal courts. | Deployment was completed in January 2018. System stabilization and optimization throughout June 2018. Worksheet has been updated to include fields to identify reasons for adjournments, and tracking of bail conditions. | As of March 2017, the system had approximately 100 users in 20 locations. As of December 2017, the system was in place at 121 criminal court locations. |
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Clients: improved services and record-keeping. Justice system partners: more accurate records; reduced appearances; more accurate reports resulting in better allocation of scarce resources. |
7. Embedded Counsel Programs: Justice In Time and C – Court Project Hamilton Legal Outreach |
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Clients with mental health issues (able to receive community-based support for their intersecting needs earlier in the process); justice system partners (support provided to high-needs clients supports avoidance of entanglement or re-entanglement with the criminal justice system); health care and community services providers. |
8. Project Rosemary | Project Rosemary is the name given to LAO's program to collect and analyze information about the race of applicants and clients of legal aid to support evidence-based service planning. | Developed Race-Based Question and implementation of technical aspects of Project Rosemary (September and December 2017). Developed and delivered training to LAO Staff (January to April 2018). Data collection began April 1, 2018 as planned. This is an ongoing initiative. |
Data collection began April 1, 2018. Despite having launched Project Rosemary for only one year, LAO staff have managed to achieve an overall compliance rate of 87% for certificate applications. This is an increase from the Q3 compliance rate of 82%. The overall compliance rate has increased in each quarter. The CLSC has managed to achieve 93% compliance. This is an increase from the Q3 compliance rate of 90%. In instances where an SI form was created:
As a result of the RBQ LAO has obtained a better picture of our clients:
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Race-Based Question (RBQ) to be asked and answer to be recorded (including “chose not to answer”) 95% of the time. Answers (including “prefer not to self-identify my race”) to be gathered for 110,000 people per year. |
Clients and justice system will benefit, as project enables LAO to:
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9. Aboriginal Self Identification Question (ASIQ) | Strengthen and expand LAO's ability to collect data on services to Indigenous clients, including by expanding data collection beyond certificate services to include duty counsel services. | LAO rolled out Indigenous Self Identification Training over June 2017 to all staff to assist them in asking clients whether they self-identify as First Nation, Métis or Inuit and to gain a better understanding of the complexities of Identity. The Service Integration Duty Counsel Worksheet is being used by duty counsel to track data. The ASIQ was reconfigured in December 2017 to improve the way in which information is collected and recorded. This is an ongoing initiative. |
Training completed by all staff. Service Integration worksheet is being used by duty counsel. | Have data collected by duty counsel using the Service Integration worksheet; improved compliance by duty counsel using the Aboriginal Self Identification question | Clients, justice system partners. LAO better able to develop and customize services and programs to serve Indigenous clients and better able to meet the goals of its Aboriginal Justice Strategy. |
10. Expanded Access to Gladue Services and Improved Local Access for Indigenous Clients | Continue to support the goals of LAO's Aboriginal Justice Strategy and meet the needs of Indigenous Clients. | Continue to sustain expanded Gladue services province wide and introduce new place-based services that meet the needs of communities. | LAO continues to provide funding to Aboriginal Legal Services, Grand Council Treaty #3 and Nishnawbe-Aski Legal Services Corporation to provide Gladue Report writing services; LAO has established duty counsel services at both the Ottawa and Cayuga newly launched Indigenous Peoples Court; supported community ownership by transferring criminal and family legal advice services to Six Nations of the Grand River`s Justice Program to oversee and manage; piloted an exemption at Six Nations to the requirement of prior approval for lawyers providing advice services to acknowledge certificates. | Availability of Gladue report writing services province-wide. Strengthening of local and place-based services that respect the needs of communities. | Clients; justice system partners; stronger relationships between LAO and Indigenous communities. |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Weekend Bail Project | In conjunction with Manitoba Justice, this project seeks to reduce and avoid unnecessary delay of matters appearing on bail docket. The new process should be more efficient than the old process. | Effective May 2018 | Results demonstrate that a large volume of matters are now assisted by weekend duty counsel—reducing delay and resulting in lower volumes of bails in Winnipeg during the week. |
Reduction of time to release / time to disposition. | Clients, courts, correctional centres, LAM and private bar |
2. Pre-Approval of Out-of-Custody Matters | To reduce delay and the number of unrepresented accused. To reduce instances of accused persons failing to appear for court and/or failing to comply with court orders. | Effective June, 2018 | Clients have their eligibility assessed well in advance of their first appearance date; staff counsel can provide applicants with advice and assistance well in advance of their first appearance date. | better representation resulting in fewer changes of counsel and better client/counsel relationships; faster disposition of cases. | Clients, LAM, Stakeholders |
3. Staff Criminal Youth Defence Office Reorganization (Winnipeg) | To provide enhanced representation to young people through a team of skilled lawyers with specific knowledge of the YCJA by combining duty counsel services with a full service criminal defence office. | Effective September 2018 | Enhancing quality of service, cost-effectiveness and productivity. | Better representation resulting in fewer changes of counsel and better client/counsel relationships. | Clients, LAM, Stakeholders |
4. Expanded Criminal Duty Counsel | To increase access to expanded duty counsel in un-serviced locations. | As resources permit | Provide accused with advice about diversion, restorative justice and early disposition options that may be available. | Wider availability of expanded duty counsel services in rural and remote Manitoba. | Clients, courts |
5. Expanded Duty Counsel for Child Protection Matters | To increase access to advice regarding child protection issues. | As resources permit | Provide parents and families with advice regarding child protection issues. | Wider availability of expanded duty counsel services in rural and remote Manitoba. | Clients, courts |
6. Domestic Violence Project | To manage the costs associated with increasing volumes. | Effective June, 2018 | Matters are diverted at first instance to available staff lawyers; utilize spare capacity of staff lawyers. | Reduction of private bar expenditures; increase in 'billable' hours for staff. | Clients, courts, LAM |
7. Journey to Reconciliation – education and active participation | Provide all staff with tools to better service this group of clients through cultural competency training including legacy of residential schools and 60's scoop in accordance with TRC recommendations 27 & 28. | On-going | Continued offering of educational training workshops for all staff members; active participation in conferences, events, inquiries relevant to Indigenous peoples. | Clients receive better representation resulting in fewer changes of counsel, higher quality of service, better client/counsel relationships; increase the number of opportunities available to participate in Indigenous-led justice innovations. More opportunities for addressing systemic discrimination. | Clients, staff, justice stakeholders |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Telephone Application Center expansion to other areas of the province | Increase access to telephone applications for clients. | Launched October 1, 2018 | ~1000 calls per month to the Application Center. | Calls answered within 2.5 minutes. | Applicants; support staff in Legal Aid who used to do this work. |
2. Conducting written annual performance evaluations of staff lawyers | To provide feedback on quality and timeliness of legal aid services of staff lawyers. | To begin sometime during the 2019/20 fiscal period | A program fostering best practices and efficiency in the performance of staff lawyers. | Conduct reviews of staff lawyers against identified practice standards. | Applicants and staff by promoting a supportive culture of professional engagement. |
3. Expansion of Sunday remand work and weekday Rapid Remand Resolution to other urban centres | Reduce the amount of time spend on remand. | The programs began in prior fiscal periods and is being evaluated. It is hoped to expand the program to other urban centres in 2019/20. | Reduction in remand. | Number of remand days. | Clients |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Roster and staff training initiatives |
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2. Justice of the Peace bail services |
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Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. Expanded Criminal Duty Counsel | Increase early resolution of cases; Increase the scope of recipients of criminal legal aid services; reduce the number of court appearances, increase continuity of service for clients. | Began in 2015 as a three-year pilot and became permanent at one location in 2018/19. LSS continues to work with Court Services to find court space for additional locations. | Independent evaluations found evidence of early resolution of cases, reduced court appearances, and expansion of legal aid service for clients not otherwise eligible for legal representation, and increased continuity for clients | time to resolution, # of appearances, volume of clients (total); volume of eligible clients not eligible for full representation services; proportion of resolutions achieved | All clients facing a criminal matter in the program court location, but in particular those clients with matters that can be resolved without trial and those not eligible for full representation services but eligible for this service; judges, crown, court services in the program locations, due to increased efficiencies; complementary justice system initiatives with similar aims. |
2. Criminal Early Resolution Contract (CERC) | In 2018/19 LSS developed a limited criminal representation contract to help clients with cases appropriate for resolution within 90 days and before trial dates are set, following the same expanded coverage and financial eligibility criteria as for expanded criminal duty counsel ($1000 per month above the standard financial eligibility threshold and not facing a risk of jail). Objectives for this service are also similar to expanded criminal duty counsel: Increase early resolution of cases; Increase the scope of recipients of criminal legal aid services; reduce the number of court appearances, increase continuity of service for clients who would only have been eligibility for duty counsel previously. | Launched in April 2019 and is intended to be ongoing. | LSS expects the following outcomes: Fewer court appearances for CERC cases than baseline, earlier resolution for CERC cases so clients can get out of the justice system; elimination of unnecessary court attendance for witnesses and victims of crime; expansion of legal aid to clients otherwise not eligible legal representation; increased continuity of service for CERC clients. | LSS anticipates it will use similar performance measures as used for Expanded Criminal Duty Counsel: time to resolution, # of court appearances, volume of clients; proportion of resolutions achieved. Other measures may be developed as service monitored and early results are observed. | Criminal clients across BC with matters that can be resolved without trial who are not eligible for full representation services but eligible for this service; judges, crown, court services across BC due to increased efficiencies; complementary justice system initiatives with similar aims. |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. New Database "customized" CRM platform plus migration of existing data |
Purchase and customize new system to improve efficiency, implement new processes and meet statistical reporting requirements. | Should be done by Dec 31, 2020. There has been a delay due to lack of contractors available (and skilled enough) to provide this service in the north as Yukon faces unique challenge. The time required to source this expertise has been approx. 80-100 hours to date. New vendor has been sourced and seems promising. The new build is finally underway. | Updated database/statistical tracking system that can meet our current operational and reporting needs. We have discovered that this project is FAR more time consuming and difficult than anticipated! | Confident submission of the final claim and an annual report, statistics and KPI's able to be set for management use in areas such as human resources, increased efficency in areas such as client experience (e.g. client satisfaction surveys). | YLSS management, YLSS staff, YTG Gov, Federal Gov, Clients who will receive expedited services through upgraded system and improved processes. |
2. Website |
Update the 10+ year old website and rebrand YLSS with a logo, stationary and business cards. All clinic offices standardized. | To date we lack the capacity and resources to complete. | Make it more user friendly and include more useful information for viewers. | Clients, Public, Territorial and Federal Governments, Researchers, Students, etc. |
Name of Innovation/Program | Objective(s) | Timeline | Expected/Actual Outcome(s) | Performance Measure(s) | Beneficiaries |
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1. LAIN 2.0 | Development of new database. | 2019 to 2021 | Replacement of aged database. | Compliance and meaningful reporting. | Funders, policy makers and ultimately clients |
2. Manager Program Support | Streamline deployment of criminal legal aid. | 2018/2019 and ongoing | Shorten time to complete applications, creation of standard administrative processes. | Creation of administrative staff procedures manual. | Staff and clients |
3. Revised Eligibility Tables | Update eligibility criteria that are explainable and transferable. | 2018/2019 and ongoing | New tables | New tables | Clients, staff, public |
4. Innovations from previous years continue |
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