Frequently Asked Questions

Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system.

Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel, and the right to a fair trial. 

Our vision is to provide improved legal services for more eligible people provided by engaged, healthy, and productive employees and lawyers.

Every Yukon resident can apply to YLSS for legal assistance. However, to receive legal aid:

1. You must have a legal problem that we cover:

• Criminal Code and Controlled Drugs and Substances Act charges;

• Interim family law matters, including custody, access, and child support;

• Child and Family Services Act matters;

• Territorial Offences where the accused faces a likelihood of jail;

•  Mental Health Act matters; and

• Poverty law matters, where liberty, disability benefits, or housing is an issue.

2. Your income and the value of your property must be below a certain limit. (See Eligibility Guidelines.)

Legal aid is free to people who fall within our financial eligibility guidelines. If you are slightly over our guidelines, you may be required to pay some amount to YLSS.

If applicable, this is set out in a “Contribution Agreement” between you and Legal Aid.

If you receive money as a result of a settlement or judgment, you will probably have to repay some or all costs of your legal aid assistance.

YLSS employs staff lawyers who work at four separate law offices. For a list of clinics and lawyers, see our offices, hours, and contacts. Some private bar lawyers will also provide legal aid through agreements with YLSS. 

There is no difference in professional qualifications between staff and private lawyers providing legal aid—all provide high quality legal services. While you can request a specific lawyer when you apply for legal aid, there is no guarantee that the lawyer you requested will be assigned to you.

YLSS receives funding from Government of Yukon and the Federal Government of Canada, but is an independent, non-profit organization that provides legal help for people in the Yukon Territory. We are not a government agency, organization, or department. YLSS is created and regulated by a law, the Legal Services Society Act. According to the Legal Services Society Act, YLSS is governed by a Board of Directors appointed by the Yukon Territorial Minister of Justice and managed by an Executive Director.

To apply for legal aid assistance, you must contact YLSS’s Intake Office to schedule an appointment for a telephone interview with our Intake Manager. Information and documents may have to be provided to complete your application. You can contact our office to schedule and attend a telephone interview by calling our toll-free number: 1-800-661-0408 Extension 5210 or our local Yukon number at 867-667-5210 Extension 1.

Once you have attended your first court appearance and have been scheduled for a second appearance, contact YLSS for an appointment.

You must provide the following information in order to apply for legal aid:

• Any documents relating to your case, including court orders, agreements, served papers or your copy of the Duty Counsel Appearance Form.

• Proof of all household income for the past 6 months, including pay stubs, bank statements, Social Assistance budget sheets, EI statements or current financial statements if you are self-employed.

• Proof of any Child Support paid or received for the past 6 months.

• Proof of unusual expenses such as medical/dental costs.

Legal Aid Intake will review all the documents you have provided. You will also be asked about any assets you may have, including vehicles, property, savings and/or investments. You may also be asked to provide additional documents to determine whether you qualify.

You must sign your application as being true. If you provide YLSS with false information about your eligibility or anything to do with your application, then your coverage may be subsequently denied.  If any of the information provided with your application changes, including your contact information or financial situation, you must advise YLSS immediately.

Once your application has been processed, you may find out right away whether you are eligible for legal aid. If you are not approved at the interview, you can contact the Intake Office to check on the status of your application.

Occasionally, a lawyer may have to review your matter to decide if there is merit before proceeding on your behalf.

You are responsible for contacting the Intake Office to check the status of your application. Once you have been assigned a lawyer, contact the office where your lawyer is working to schedule an appointment. Please also read Working with Your Lawyer and Your Responsibility to Legal Aid, available by printed brochure or online.

If your application for legal aid assistance is refused, you have the right to appeal the decision to Yukon Legal Services Society’s Board of Directors. You will receive by mail or email a letter indicating why you have been refused along with an appeal form, which you must complete and return to our office one week prior to the next scheduled appeal meeting (usually the fourth Monday of each month). The date for the Board meeting will be included in the letter.

In your appeal to the Board of Directors, state why the decision should be reconsidered. If you would like the Board to consider financial information not provided to Intake office, you should provide additional proof of your circumstances. Be prepared to demonstrate why your situation either falls within the eligibility guidelines or is exceptional.

You have the right to present your appeal to the Board in person or by telephone during the scheduled appeal meeting. The Board will consider the reasons you have given for appealing the refusal and will review your file and application for legal aid. The Board will either grant you legal aid assistance or uphold the refusal.

If you have been turned down for legal aid but still need the services of a lawyer, you can also contact Lawyer Referral Service: (867) 668-4231 or consult the Yellow Pages of the phone book under “Lawyers”.

For legal information, you can contact the Law Line at (867) 668-5297.

Without limiting the following list, YLSS does not provide legal aid services in the following matters:

• Real estate

• Change of name

•  Wills and estates

• Bankruptcy

• Power of attorney

•  Libel, defamation, and slander

• Commercial litigation

• Divorce

• Division of assets

• Obtaining a peace bond

The following matters require a merits assessment, in addition to an assessment of financial eligibility:

1. Appeals of:

a. Criminal matters by the accused;

b. Family law interim orders; and,

c. Interim, temporary, or final Child Protection orders.

2. Family law:

a. mobility or relocation applications;

b. spousal support; and

c. variation applications.

3. Criminal law Supreme Court bail review; and

4. Mental Health Act judicial review.