In 2016, Superior Court Justice Ian Nordheimer issued a temporary suspension of a man's drug offences trial due to his severe disapproval of the income threshold necessary for qualifying for legal aid funding in Ontario.
The defendant in this case had failed to meet the requirement for having criminal defence counsel representation at his trial and was instead representing himself. "It should be obvious to any outside observer that the income thresholds being used by Legal Aid Ontario do not bear any reasonable relationship to what constitutes poverty in this country," expressed Nordheimer, who is now serving on the Court of Appeal.
Many individuals involved in the Criminal Justice System in Ontario consider the frequent underfunding of legal aid to be a serious issue. This can lead to people facing criminal offence charges, who are otherwise classified as living in poverty, being rendered ineligible for legal aid. It consequently impairs such defendants' capability to properly respond to the criminal allegations brought against them.
The common viewpoint is that it is not ideal for defendants to represent themselves at trial as they typically lack familiarity with the complex nature of the legal system. Individuals who fail to qualify for a Legal Aid Certificate are sometimes left with no choice but to represent themselves in court. In 2017, a significant report from the House of Commons criticized the low-income threshold necessary for a defendant to qualify for legal aid funding.
Despite this positive recognition, both the federal and provincial governments have taken little to no action to ensure that those most in need can access legal aid. To be eligible for legal aid in Ontario, an individual must have scarcely any income left after covering basic necessities such as food and housing. A person needs to first qualify for a Legal Aid Certificate to have a criminal defence lawyer represent them in their criminal matter.
A Legal Aid Certificate acts as a voucher that ensures that a private practice criminal defence lawyer, willing to take on a defendant's case, will receive compensation for representing the defendant for a preset number of hours. A defendant must undergo a financial eligibility test to establish their financial eligibility for the Certificate program.
To be eligible for a Legal Aid Certificate, your legal situation must be more serious and complicated. Moreover, your family's annual gross income and family size should meet the following criteria: it should be below $8,964 for a single individual; below $13,635 for a single-family unit; below $23,588 for a family of two; below $26,889 for a family of three; below $30,834 for a family of four; and below $33,726 for a family unit of five or more.
As of December 10, 2017, Legal Aid Ontario has revised its processes concerning eligibility for Legal Aid Certificates. Defendants now need to answer additional questions to determine their eligibility. For more information, you can visit legalaid.on.ca or contact them via the toll-free number 1-866-979-9934.
