Eligibility — Centre communautaire juridique de la Rive-Sud

Eligibility

How do I apply for legal aid?

Any person wishing to apply for legal aid must contact the legal aid office closest to their place of residence and schedule an appointment.

Based on the required documentation you provide, an application is filled, and one of our permanent lawyers then reviews your financial eligibility. The lawyer reviewing your application will also determine if the service(s) you apply for is/are covered, in compliance with Legal Aid Act and its regulations

Please note that eligibility assessments are not billed to customers and cannot be completed over the phone.

Who qualifies for legal aid?

Eligibility is determined by assessing your financial situation and evaluating service coverage.

If you are eligible, you may fall under one of two categories: free eligibility, or eligibility with contribution (between $100 and $800).

If you receive welfare or social solidarity benefits, you are automatically eligible for legal aid.

Assessing financial eligibility

In order to determine if you are financially eligible to legal aid, we assess the following, with respect to you and your family:

All sources of income are considered, such as:

  • employment income 
  • business income
  • income from real estate
  • employment insurance benefits
  • CNESST (formerly CSST) income replacement indemnities
  • SAAQ income replacement indemnities
  •  wage insurance benefits; 
  • child and spousal support; 
  • scholarships and other benefits
  • old-age pension 
  • Quebec Pension Plan.

Deductions that may apply to your income:

  • expenses incurred to alleviate a serious physical or mental deficiency 
  • child care fees actually paid out, to the extent of the amount covered under the provincial tax credit
  • child and spousal support actually paid out; – school fees deductible under the Taxation Act..

The value of your house and other buildings (standardized value from an up-to-date tax account), and of your investments (RRSP, etc.). 

Deductions that may be applied to the value of your assets:

  • Mortgages, loans.

Also considered are amounts held in your bank accounts or in cash, as well as short-terms assets that can be turned into cash, such as shares and savings bonds. 

Eligibility Scales for Free and contributory legal aid

To learn more about eligibility scales, please click on the links below. These PDF files correspond, respectively, to the Free Eligibility Scale, and the Eligibility with Contribution Scale. For more information, you can also visit the Commission des services juridiques website.

Gratuitous legal aid (PDF)         Contributory legal aid (PDF)

Are minors eligible to receive legal aid?

Yes, in any of the following circumstances:

  • If they are charged with a criminal offence under the Youth Criminal Justice Act (YCJA).
    • In such circumstances, only the assets and liquidities of the child will be considered, not those of the parents
  • If the child is involved in proceedings initiated by the Director of Youth Protection (DYP).
    • In such circumstances, only the assets and liquidities of the child will be considered, not those of the parents
  • If the child is to be represented in Superior Court (custody and access rights disputes, determining child support).
    • In such circumstances, only the assets and liquidities of the child will be considered, not those of the parents. However, it should be noted, that there may be recovery of costs pursuant s.39 of the Legal Aid Regulation.

Homologation Assistance Service (HAS) and SARPA or Service administratif de rajustement des pensions alimentaires pour enfants (a service to modify child support payments without going to court):

Exceptionally, for HAS and SARPA, applicants who were deemed financially inadmissible to receive legal aid may still benefit from these services by paying the following:

  • 558$ (subject to indexation) for HAS;
  • 50$ (subject to indexation) for SARPA.

Required documents

At your first appointment, depending on your financial situation, you will have to provide us with certain documents. To find out which ones you need to bring, see the list below and click on the description that best fits your current situation. This list is not exhaustive and we may request that you provide additional documents. If you have any doubts regarding what documents are necessary to asses your eligibility, please communicate with your local legal aid office 

On welfare

Salaried worker

Self employed

In another situation