NCJ Number
91077
Date Published
1983
Length
23 pages
Annotation
Following a tracing of the origin and development of Ontario's Legal Aid Plan, which uses private lawyers in the defense of indigents, this paper describes the structure and operations of the plan.
Abstract
Prior to 1951, there was no legal aid scheme in Ontario, either civil or criminal, but a limited improvement occurred in 1951 with the enactment of the Law Society Amendment Act, which established a voluntary plan whereby services were provided free through a small annual fund set aside by the provincial government. The plan was voluntary, and no lawyer was entitled to any remuneration for services rendered an indigent accused. The 1967 Legal Aid Act led to a dramatic reversal in legal aid; now it is estimated that virtually every accused person who wishes counsel is represented. Control of the Ontario Legal Aid Plan is with the Law Society of Upper Canada, which appoints a legal aid committee. The chief executive officer of the plan is appointed by the Law Society, subject to the approval of the attorney general. Forty-seven area directors are similarly appointed and deal with applications for legal aid. Local area committees, composed of lawyers and lay persons, are appointed by the Law Society. Each area maintains criminal and civil panels upon any attorney in good standing with the Law Society can have his/her name placed to perform legal aid services. Representation is provided at all court levels, including appeals. Funding is provided by the provincial and Federal governments, and applicants are expected to pay whatever they can afford. The legal fee is based upon what a client of modest means would pay to his/her attorney for services rendered. Payment also covers support services. The Mentor Program and the Legal Aid Criminal Law Research Facility provide legal aid attorneys with advice and support services. Canada's new Charter of Rights will place heavy demands on legal aid and may serve to expand the right to representation to many persons who previously did not have this right. Three references are provided.