Everything You Should Know About Legal Aid Services
Legal Aid represents a safety net of rights through representation for many of our clients in Niagara Falls and the surrounding communities. When we speak of their services, most people have a passing knowledge but are not completely sure of what legal aid is all about. Legal aid is the provision of legal advice to those who would not normally be able to afford a lawyer without it. They will assess your case which and may grant funding for a variety of civil issues, criminal matters, and in some circumstances, family cases, depending on your financial situation. Legal aid may be available for immigration or refugee matters also. For the most part, qualified lawyers who provide legal aid are highly skilled and trained in their fields. For example criminal lawyers will focus on the criminal law side and not straddle one or two other areas of the law while assisting with your case. This goes for all lawyers who offer legal aid as their primary practice. They will meet with you and complete an application. They will go over your resources and situation in order to determine what assistance, if any, that they can provide. An important requirement when applying for legal aid, is to prove your financial situation . You must be able to demonstrate, through proof such as tax returns and benefit statements, that you do not have the means to hire a private attorney to help with your legal problems. If legal aid determines that you are financially eligible for their services, a certificate will be issued to help cover the cost of lawyer’s fees for a set period of time. If you qualify for legal aid, you will be referred to a lawyer in the area that is suitable for you at that particular time. The assigned attorney will contact you and arrange a time and place to meet with you to go over your situation and try to get the matter resolved in the best way possible. Others may need to find a skilled criminal defense attorney to assist them in resolving issues related to criminal charges or issues. If you feel that defence is needed, you may apply through legal aid and they will see if they can find someone for you. In serious cases, they may be able to pay all lawyers fees and will assign a private criminal defence lawyer to represent you. The first step is to determine your eligibility for rights protection through legal aid. Resolving these issues, whether or not through legal aid, will be essential to living a successful life free of legal issues.
Eligibility for Legal Aid in Niagara Falls
In order to determine if an individual is eligible for financial assistance through legal aid in Niagara Falls, the first step is to consider the financial eligibility requirements. As of 2023, your income (after deductions) must be less than the limits outlined below, and your major assets must be less than the limits below, for legal aid to be available:
INCOME
For individuals: Income limit is $1,700 monthly after tax deductions.
For Two people: Income limit is $2,047 monthly after tax deductions.
For Three people: Income limit is $2,465 monthly after tax deductions.
For Four people: Income limit is $2,676 monthly after tax deductions.
For Five people: Income limit is $2,818 monthly after tax deductions.
For Six people: Income limit is $3,145 monthly after tax deductions.
ASSETS
Cash/Bank Accounts: Under $5,000
RRSP/TFSA: Under $5,000
Investments: Under $5,000
Life Insurance: Under $5,000
Value of Home (owned by you): Under $150,000 (note: this is the equity that you have in your home)
Value of Car, Boat, or other Asset: Under $10,000
Value of Couch/TV/Phone/Furniture/Appliance: Under $10,000
As you can see the income permitted is quite low, and the asset limit is very low as well. This means that legal aid Northern region is sought only by those in genuine legal need, and not by just any person, as is sometimes the misconception.
Legal aid is primarily reserved for the following issues:
As a family law attorney who has experience working with clients who are eligible for legal aid Northern region Ontario, I will say that you do get what you pay for with legal aid—nothing more, nothing less. You will have a limited time to discuss your issues with the legal aid lawyer and obtain legal advice. Your legal aid lawyer will not be able to represent you, as they typically only handle administrative issues that need to be resolved in a timely manner. In non-legal aid family law cases we see that issues can take several months to resolve, but with legal aid cases the courts want issues settled quickly to reduce lengthy legal aid funding.
If you are interested in applying for legal aid in Niagara Falls, contact the Fort Erie legal aid office for Ontario and get in touch with a family law lawyer today.
Making an Application for Legal Aid
Applying for legal aid services can be a complex process, especially in Niagara Falls, where residents may not know where to turn for help. Thankfully, the Niagara Falls Community Legal Clinic exists to assist families and individuals in need of legal support. The clinic also helps applicants get through the legal aid process quickly and efficiently.
The following steps will guide you through the application process:
1. Apply for Legal Aid Online
Ontario residents can apply for legal aid via telephone or online by visiting the Legal Aid Ontario portal. Start your application online and ask about available legal aid services on the phone for help with challenging applications.
2. Gather Documentation
Once you’ve started the process, begin collecting the documentation you’ll need to finalize your application. These include:
3. Visit the Legal Aid Ontario Office in Niagara Falls
Your appointment will take place at the Legal Aid Ontario office located in Niagara Falls. Whether you decided to go to the Niagara Falls Community Legal Clinic or Legal Aid Ontario, make sure you have all necessary documents and identification on hand.
4. Bring a Completed Application
Remember that your completed application will be the most important document you bring to the clinic. Once you’ve completed the form to the best of your knowledge, forward it to the front desk when you arrive for your appointment.
5. Be Prepared to Answer Questions
Both the Niagara Falls Community Legal Clinic and Legal Aid Ontario may ask questions to clarify some of the information that you’ve provided in your application. Some examples include:
6. Wait for a Response
Once you’ve completed the application process, you will be notified of your status via regular mail to either your home or business address. If you are accepted for legal aid services, you will receive a legal aid certificate that allows you to move forward with your case. If your application is denied, you may re-apply for legal aid services if your financial situation changes.
Legal aid services play an integral part in helping residents navigate the court system. With a better understanding of the application process, you’ll be ready to take steps to getting the help and support you need.
How to Find a Legal Aid Lawyer
When it comes to finding a legal aid lawyer in the Niagara Falls area, the process is relatively straightforward. Both Ontario and the City of Niagara Falls itself offer resources and directories to help with your search.
Ontario Legal Aid is your first stop and best resource. They maintain a comprehensive directory of approved legal aid lawyers. You can search the directory by the type of lawyer you need (for instance, family law or real estate law) and/or by your location. Simply click "Find a Lawyer" on the Ontario Legal Aid home page and fill out the easy-to-use form.
Your second step should be utilizing the City of Niagara Falls’ list of Niagara-area legal aid lawyers. Sorted by area of expertise, the list provides basic information about each lawyer, including their office address, phone number, and email address. You can view the list on the City of Niagara Falls’ website by clicking "Government" on the home page.
Additionally, you can call or visit your local Community Legal Clinic. Community Legal Clinics are a network of independent legal aid clinics that provide free legal services to individuals and groups who qualify. While each clinic is somewhat unique, most Community Legal Clinics will offer basic legal services, referrals, and courses that will assist you in selecting a legal aid lawyer.
It is worth mentioning that legal services offered through a Community Legal Clinic are typically for low-income individuals and in certain circumstances only. While it is possible that you may qualify for some legal services at a Community Legal Clinic, a Community Legal Clinic will not be a source of legal aid lawyers in more complex matters such as a lawsuit amounting to more than $25,000, a compromise of a creditor’s claim in bankruptcy, various complex criminal offenses, or having your driver’s license reinstated.
Most Common Types of Legal Aid Cases in the Niagara Falls Area
Legal aid in Niagara Falls typically provides representation in three types of cases: family law, housing issues and criminal defense. Family law typically encompasses divorce and child custody proceedings, which may often require some mediation efforts to settle. While mediation is sometimes effective, not all spouses can agree, and the case must be heard in court.
Cases involving housing issues can be especially nuanced, often involving navigating a web of rulings over the state of the property, the ability of the tenant to pay rent and the rights of the landlord to evict them. Often these housing issues are the result of the owner letting services and maintenance slide for long periods of time , causing an unsafe environment for the tenants. Legal aid attorneys work to pursue a settlement between the tenant and the landlord, as often the case involves coming to an agreement to make specific repairs and refunds to the tenant for damage to the home or apartment.
Criminal defense is another area where legal aid may provide representation in the Niagara Falls area, again acting with the intention to make settlements in cases where the individual defense involved may find a way to plea down to a lesser offense rather than go through a lengthy trial. There are some cases, however, where legal aid will get the accused in front of a judge and jury outside of a settlement, largely due to the nature of the alleged crime.
Advantages and Disadvantages of Legal Aid
It is important to note that the benefits of legal aid from the Office of the Legal Aid Commissioner in Niagara Falls are far-reaching and manifold. Having a lawyer on your side to represent you in court will make the court process much easier for you and mean that you are less likely to be taken advantage of by the other party. Applying for legal aid and getting accepted could be the difference between having representation and going without as you fight your court battle alone.
It should also be noted that there are limitations to legal aid that applicants should be aware of in advance. In order to qualify for legal aid, applicants must be financially eligible. They must have income and assets below certain levels that are set and published by the Legal Aid Law. The government has also established a list of messes that are covered and not covered by legal aid. If you require representation in court related to a specific matter, check to see if it is covered under legal aid.
A common reason that budgeting and spending issues come up is because an applicant earns money above the financial eligibility limits at the time of their application, but they don’t have enough money remaining for them to be able to pay for a lawyer long-term. This can be an issue that a lawyer who is working pro bono might have with a client as well.
How to Contact Legal Aid in Niagara Falls
If you are facing legal issues in Niagara Falls and need assistance, there are a number of resources in the area that can help you navigate your situation. Legal Aid in Niagara Falls provides free or low-cost legal support to those who qualify. Below is the information for legal aid services in the area:
Niagara Falls Legal Aid Office
Niagara Falls Legal Clinic Inc.
5257 Dorchester Road
Niagara Falls, Ontario, L2G 5X7
Phone: 289-292-3059
Fax: 905-358-5510
Hours of Operation:
Monday to Friday: 8:30 AM to 5:00 PM
Please note that office hours may vary seasonally or for holidays , so always confirm via phone before visiting.
Ontario Legal Services Centre
Webster Street (Door 5)
5851 Thorold Stone Road
Niagara Falls, Ontario, L2G 0B4
Phone: 1-800-668-2688, ext. 5350
TTY: 1-866-641-8867
Hours of Operation:
Monday to Friday: 8:00 AM to 5:00 PM
Closed Saturdays, Sundays, and Public Holidays
In addition to these Legal Aid opportunities, general legal advice and representation is available from private lawyers and law firms. Try the Lawyer Referral Service which will put you in contact with a local attorney who can provide you with one free half-hour consultation.