Under Canada’s Constitution, access to justice is a cornerstone of every Canadian’s rights in a democratic society. Unfortunately, the decline of legal aid in Canada has hit low-income individuals the hardest. A legal issue which may seem small to an affluent individual can be devastating for the poor and working classes. But, legal aid in Manitoba is still available to those who qualify. From 2016 to 2017, over 100,000 people sought legal aid in Manitoba and they got it. Legal assistance not only positively impacts people on an individual level, but it also strengthens the health of Manitoban communities. Below is a fact sheet about legal aid in Manitoba and how to qualify for assistance.
What services are covered under Legal Aid Manitoba?
- Legal advice
- Criminal representation
- Mental health reviews
- Institutional disciplinary hearings
- Family representation for divorce proceedings
- Civil representation
- Immigration representation
Who qualifies for Legal Aid Manitoba?
Legal Aid Manitoba will provide counsel and representation to those who financially qualify and have cases with merit. You can be working and still receive legal aid.
Legal Aid Manitoba services 40 communities that surround Winnipeg, Brandon, The Pas, Thompson, and Dauphin.
Representatives will look at your income, assets, debts, and if you’ll have money available to pay for legal fees once your case ends. People who can still pay for aid at the end of their case can even qualify to receive assistance. Certain eligible individuals may receive assistance for free with no agreement to pay at the end.
Those who receive legal aid but have a change of circumstances must report the change promptly. A failure to do so means you may have to pay back all of the services you’ve received.
If you’ve been operating under a payment agreement but are unable to continue making payments, you must also report the change immediately. Failing to pay will result in a rescission of legal aid. But if you report the change promptly before missing a payment, Legal Aid Manitoba can lower your monthly payments, postpone them, or cancel them entirely if you find yourself unemployed.
How are cases with merit determined?
Legal Aid Manitoba must determine that your case has merit before rendering legal services. They will look at the following factors:
- Is court action necessary?
- Could a different agency solve your legal problem?
- Is your case serious enough that those of modest means would need to pay for a lawyer to handle it?
- Do you have a reasonable chance of success based on the current information available about your case?
Some cases aren’t eligible for legal aid, such as civil suits, fee-generating cases, property divisions, real estate transactions, and wills and estates.
Summary conviction offenses and traffic violations are sometimes eligible for legal aid. Second and third-year law students usually handle these cases, but they are overseen and supervised by a staff lawyer. Law students operate under the authority granted in Section 21 of the Legal Professions Act and are registered with The Law Society of Manitoba.
Who is most likely to receive legal aid in Manitoba?
Over half of all recipients are males. Most of the people who qualify for legal aid are between the ages of 26 and 35 and are single.
What is the average cost of legal aid in Manitoba?
In Manitoba, the average cost of legal aid services is $1252 for each case. Administrative costs of the program in Manitoba were 5.3% for the 2016 fiscal year.
Legal Aid in Manitoba is necessary to keep communities healthy and improve the quality of life for low-income individuals. Legal aid decisions are quick, within 1 to 2 weeks, and each qualifying individual receives legal advice from highly-trained lawyers and law students. If you ever find yourself in need a lawyer but are worried about how you will pay for it, speak to a qualified representative from Legal Aid Manitoba. They’ll be able to point you in the right direction.
