Eligibility

Financial eligibility is determined in accordance with the Financial Eligibility Table below. In determining financial eligibility, the Executive Director may, in addition to considering the Financial Eligibility Table, consider other relevant or extraordinary (financial or other) information you provide. Financial eligibility requirements do not apply to individuals who receive legal aid from Duty Counsel. In some cases, legal aid may secure a contribution for partial payment of legal representation.

For Criminal matters you must have had your first appearance before applying for legal aid.

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 and/or 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.

Financial Eligibility Table

Eligibility for Legal Aid Coverage Policy Statement

Eligibility Guidelines and the Discretion to be Exercised by the Board of Directors and the Executive Director in Determining an Applicant’s Eligibility for Legal Aid Coverage

Financial Eligibility Guidelines

1. Financial eligibility is to be determined in accordance with the Financial Eligibility Table.

2. In determining financial eligibility, the Executive Director may, in addition to considering the Financial Eligibility Table, consider the following:

(a)  the net assets possessed by the applicant and the liquidity or securability of those assets;

(b) the amount and nature of the indebtedness of the applicant;

(c) any other matter which the Executive Director or Yukon Legal Services Society (the “Society”) Board of Directors considers relevant.

3. Financial eligibility requirements do not apply to individuals who receive legal aid from Duty Counsel.

4. The Society may secure from a client the repayment of all or part of the costs incurred in legal representation of that client by one or more of the following:

(a) taking a promissory note from the legal aid client;

(b)  taking an assignment of any proceeds of settlement, cash bail, judgment, or legal costs, to which the legal aid client is entitled;

(c) such other method as the Executive Director or the Board of Directors considers appropriate.

Determination of Financial Eligibility

1. In determining financial eligibility, the Executive Director shall consider the size of the applicant’s household and the net household income.

2. For the purposes, of this determination, the following definitions apply:

1) Where the applicant is an adult, “household” means the applicant and the applicant’s dependents, if any, and includes the following:

(a) The spouse of the applicant;

(b) The applicant’s common law spouse where the Executive Director considers the applicant to have an established common law relationship;

(c) Any child who resides with the applicant and who, in the opinion of the Executive Director, is financially dependent upon the applicant;

(d) Where a dependent child resides with the applicant on a part time basis, the monthly and annual income amounts set out in the Financial Eligibility Table shall be adjusted to reflect that fact.

2) “Gross Income” means all income received from all sources by the applicant and all members of the applicant’s household

3) “Net household income” means the gross income received from all sources by all members of the household less the following:

(a) Income tax, Canada Pension Plan contributions, and Employment Insurance contributions;

(b) Maintenance paid by the applicant with respect to a child of the applicant who is not residing with the applicant;

(c) Any expenses which are, in the opinion of the Executive Director, extraordinary expenses. Such expenses are not to include luxury items.

3. All income must be verified unless such requirement has been dispensed with by the Executive Director.

4. Where, in the opinion of the Executive Director, an applicant cannot provide complete information about his/her household income without jeopardizing the safety of the applicant, the Executive Director may determine the applicant’s financial eligibility based on the applicant’s income alone.

5. Where the net household income of the applicant falls within the guidelines for both monthly and annual income set out in the Financial Eligibility Table, the applicant shall be found eligible for legal aid subject to coverage restrictions.

6. The Executive Director may find the applicant to be eligible where the applicant agrees to contribute to the cost of legal assistance as a condition of the applicant’s receipt of legal aid.  The Board of Directors may find the applicant to be eligible upon appeal, at their discretion and in consideration of the applicant’s needs and means, at any amount of income, with or without a contribution agreement.

7. Where the net household income of the applicant is within the guidelines for monthly but not annual income, or vice versa, determination of financial eligibility shall be at the discretion of the Executive Director or the Board of Directors.

8. Where an applicant has an outstanding financial obligation to the Society, the applicant will not be eligible for further legal aid assistance unless approved by the Executive Director or the Board of Directors.

9. The Executive Director or the Board of Directors may vary or waive any income guidelines or financial eligibility requirements where the guidelines or requirements would cause, in the opinion of the Executive Director or the Board of Directors, undue financial hardship to an applicant.

10. Where, in the opinion of the Executive Director or the Board of Directors, the applicant has provided false information to the Society or failed to advise the Society of a change in financial circumstances, the Executive Director may cancel any or all certificates for the provision of legal services to the applicant.

11.  Refusal by the applicant to provide their spouse’s or common-law’s financial information may deem the applicant’s application incomplete and may be denied.