Nova Scotia Legal Aid Commission
2014/2015 Annual Report
TABLE OF CONTENTS
MESSAGE FROM THE CHAIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EXECUTIVE DIRECTOR'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 1
2
COMMISSION MANDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
NSLA COMMISSION STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
MANAGEMENT TEAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
OFFICE LOCATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CLIENT FEEDBACK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
THE RIGHT PEOPLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PRESENTATIONS & PUBLICATIONS SPOTLIGHT . . . . . . . . . . . . . . . . . . . . . . . . 24
ACCEPTED SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
ACCEPTED SERVICES & TYPE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SERVICES RECEIVED BY AREA OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
FULL SERVICE REPRESENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CERTIFICATES ISSUED TO 301 PRIVATE LAWYERS . . . . . . . . . . . . . . . . . . . . . . 30
AFTER HOURS TELEPHONE DUTY COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
FINANCIAL ELIGIBILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
AUDITED FINANCIAL STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
APPENDICES:
 NSLA Enhanced Duty Counsel 2015 Evaluation Report. . . . . . . . . . . . . . . . 51
 NSLA Summary Advice Counsel (SAC) Report. . . . . . . . . . . . . . . . . . . . . . 64
 NUMBER OF FULL SERVICE MATTERS COMPLETED. . . . . . . . . . . . . . . . . . 71
(Criminal Adult)
 NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . . . . . . . . 72
(Criminal Youth)
TABLE OF CONTENTS
 NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . . . . . . .
(Provincial/Family/Civil)
73
 RECIPROCALS RECEIVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 74
 STANDING COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 75
 STAFF DISTRIBUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
 ABORIGINAL JUSTICE INITIATIVE 2014/2015 . . . . . . . . . . . . . . . . . . . . .
 GLOSSARY OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77
. 80
MESSAGE FROM THE CHAIR
I have the privilege to present the 2014/2015 Annual Report of the Nova
Scotia Legal Aid Commission.
Nova Scotia Legal Aid has had a year of increased demand for all its
services. This is in the face of the challenging fiscal environment which Nova
Scotia finds itself in. Throughout the organization, staff have necessarily
become personally attuned and invested in improving the services they provide in innovative
and more efficient ways.
The challenges of increased demand and financial restraint bring increased pressure on staff
and the organization. In recognition of these pressures, the Commission and its executive
have as one of its focuses, the health and well-being of its staff. In order to retain staff and
maintain a good work environment the Commission recognizes that it must be alert and
sensitive to what the staff are telling us and the demands they face. Legal Aid helps people in
distress and that is a tough job which requires staff who are highly motivated and trained. As a
result, the organization places education and training at a premium and has been expanding
and improving the delivery of programs which better equip and assist our staff to do the difficult
job they do.
Nova Scotia Legal Aid continues to be an active participant and valued partner in the justice
system in Nova Scotia and in Canada. The Commission places a high priority on its staff
actively participating and sometimes leading initiatives in our legal system which is always
facing challenges and pressures of its own.
At the Commission level new appointments have been made. A restructured Commission has
been active and fully engaged in oversight and planning for the future. The Commissioners
bring diverse talents and backgrounds to the table to focus on the rewarding challenge of
better providing legal aid to Nova Scotians.
Donald G. Harding, QC
Chair, Nova Scotia Legal Aid Commission
1
EXECUTIVE DIRECTOR'S REPORT
Tell me a story …
We are drawn to personal stories. They humanize events and spur our thinking on policy decisions.
Stories make us step back and ask, “Is this right?”.
Let me tell you my story about Legal Aid. It begins with a quote appropriated from the Ivany Report –
“IT IS ABOUT US, our COURAGE,
DETERMINATION to do BETTER”.1
our
IMAGINATION
and
our
Three years ago Nova Scotia Legal Aid took stock.
This is what we saw: Nova Scotians who faced criminal or family law issues and were the poorest Nova
Scotians did their best to make their way to our office





Between 8:30 - 4:30
Monday - Friday
Remember your appointment … it’s in 6 weeks
Don’t be late
Have your proof of income or you may not get past the window.
These were the things that happened:

Courtney has two children and wants to separate. She worries about the screaming and when the next
punch will land. She waits 6 weeks for her appointment with a lawyer. How can she get a custody order?
Will that protect her and the children? Does she have to move out of the co-op apartment? She has so
many questions. She doesn’t get any answers. She works at Home Depot and makes $12 an hour. Too
much income for legal aid. She goes back home.

Morgan is 15 and is in a fight at school. Morgan has to go to court and is expelled from Grade 10.
Morgan gets a lawyer for the criminal charge. Morgan gets no help about the school board decision. He
wonders: Doesn’t it matter that the other person threatened me first? Can’t I go back? My mom is so
stressed. Morgan misses 3 months of school…the first day back is tomorrow and that seems…well,
impossible.

Jamie is a Mi’kmaq father. His son Ben is 5. Ben has been taken by Community Services. He doesn’t
know where the social worker has taken Ben. Community Services will only tell him that Ben is with an
“approved” foster family, somewhere in the valley, 3 hours away. Jamie has to go to the first court date
1 Ivany Report, An Urgent Call to Action for Nova Scotians
2
by himself and everyone in court seems to know what is going on… except him. Jamie is scared. He has
many questions: Does the foster family know Ben likes a goodnight kiss behind both ears? Why can’t Ben
be with my mother, his grandmother? Jamie gets a lawyer 2 weeks after the first court date. The lawyer
knows about the law, but not about Mi’kmaq culture. Jamie thinks… this isn’t going to turn out right…

Alvin slips at the loading dock. Now his disc “bulges” according to the doctor and he is unable to drive
for more than 15 minutes. Not good for a truck driver. His application for CPP Disability is denied. He is
48 years old and has been a truck driver since he was 17. His back has been a problem for the last few
years but he managed until now. The worry is constant: no money, 3 kids and a mortgage. Alvin needs
help with appealing the CPP Disability decision. He takes this case to Legal Aid. Legal Aid said they
couldn’t help. Alvin didn’t appeal the CPP decision. Things spiraled down- the marriage and the house
gone and a criminal charge of uttering threats. Alvin’s focus is now family court, criminal court and
looking for a room he can afford on income assistance. He will be going back to legal aid; not for a fair
shot at a pension appeal but for cases in family and criminal courts.
SO what happened over the last 3 years at Legal Aid to make these stories turn out better? Well,
remember I said NS Legal Aid took stock.
We decided we didn’t like saying “no”.
Courts, crown attorneys, private lawyers, transition houses and parent resource centres didn’t like us
saying “no”.
And Nova Scotians who looked for help didn’t like us saying “no”.
So, we started to say “YES”.
We came up with a plan.
Key Changes
1. Move from a “yes” or “no” organization to “some level of help is available to all Nova Scotians”
in criminal, family and now also social justice.
2. Moving from “you come to see us” to “connecting better with communities” we are here to
help.”
3. Moving from “lawyers and secretaries” to a “client centered team approach”.
We gave our plan a name:
“Here to Help”
The plan was the focus of my 2014 ED report. The focus of this 2015 Report is a report card: “How
Are We Doing?”
3
The 2014 Report is included at the back of this report. I encourage you to be interactive and make your own
assessment.
How Have We Done So Far?
Strategic Priority 1: Some Level of Help is available to all Nova Scotians in our Core Service
Areas.
•
•
Full service (a lawyer for your case) ↑8% over previous year;
Summary services (one-on-one summary advice or duty counsel) ↑28% over previous year.
Note # of Lawyers ↑ 4% (this includes opening a Sydney Conflict Office as we struggled to find Sydney Private Bar
lawyers to take child welfare cases).
Some level of help
is available to all
Nova Scotians in our 3 core areas of family law, criminal law and social justice.
Social Justice is help with issues that affect income and housing security. Increased stability in
these areas decreases intersection with criminal and family justice systems. An ounce of
prevention.
713 social justice files opened
Youth Social Justice
includes help with
education issues.
4
INFORMATION:
Uploaded 43 documents last year (www.nslegalaid.ca). Some titles:
•
•
•
•
•
•
Can I Get EI If I Quit My Job?
Can I Get Income Assistance if I am a Youth?
What Tenants Need to Know About the Law
You’ve Been Criminally Charged: Now What?
Links to LISNS and others such as Courts of Nova Scotia and www.nsfamilylaw.ca
CFSA parent information video (Child Protection Video).
We worked with members of the Judiciary, Department of Justice, Commmunity Services and Mi’kmaq First Nations to
produce a parent information video for families facing child protection cases. We got funding from the Law Foundation of
Ontario to do this. Here is a picture of Legal Aid Lawyer Sam Moreau being filmed on a sunny Sunday
The video is on our website.
We worked with the NS Barristers Society and Department of Justice to produce content for
www.nsfamilylaw.ca .
We worked with the judiciary and the justice department to develop a workbook for self-represented
family litigants. This will be available soon.
We developed information brochures for Mi’kmaq who need Legal Aid.
Knowledge is power. We understand the need to do a better job explaining ‘the system’.
SUMMARY ADVICE AND DUTY COUNSEL:
Our summary services increased 28% last year.
Summary advice is one on one specific advice from a lawyer. This is for people who don’t qualify for full service legal aid and are unable
to afford a private lawyer. The 28% increase relates to services provided by lawyers.
More of our support staff are providing legal information and help with document preparation and we hope to track this in the next year.
With the growth in self-represented litigants, and the increased awareness about access to justice issues, NSLA intentionally worked on
delivering more advice and limited retainer services.
•
•
•
No financial eligibility barriers;
Summary Advice is delivered:
• In our offices
• In community
• In courthouse
Enhanced Duty Counsel is provided in Criminal Courts:
We increased our Non-custodial Duty Counsel Services by 15% and maintained our Cells Duty Counsel service level.
5
This is a positive for Nova Scotians and for the justice system. Effective and efficient. I invite you to read our Duty
Counsel Report. (Appendix 1)
Chief Judge Pamela S. Williams:
“The Enhanced Duty Counsel Program is an invaluable service to the justice system, including the public, the Public
Prosecution Service and the judiciary. NSLA Duty Counsel, time and again, provide timely and effective legal advice
to persons who otherwise would have to navigate the ‘unknown and sometimes turbulent waters’ of the criminal
justice system, alone and confused. EDC both compliments and enhances access to justice; it performs a vital role in
assisting the marginalized, the vulnerable and the needy who often appear before us. On behalf of the judges of our
courts I would like to extend our gratitude to NSLA for expanding this service. “

Summary Advice Counsel is provided in Family Courts:
This service helps people who do not qualify for legal aid full service and cannot afford a private lawyer. We provided
30% more help with this service last year compared to the prior year. Have a look at our Summary Advice Counsel
Report.
Pamela Marche, Director, Court Services
Department of Justice:
“Nova Scotia Department of Justice Court Services greatly appreciates Nova Scotia Legal Aid’s enthusiasm in
increasing access to justice, and for its dedication to providing valuable services like the Summary Advice
Counsel.”
FULL SERVICE (aka a lawyer for your case):
We increased full service by 8% last year.
Our Regulations tell us that discretion is integral in assessing financial eligibility. Too often however, the two decade old table of guideline
income was used as a ceiling. Too many people over the old guideline table we found ineligible.
We listened to our staff and to Nova Scotians. We took action and retrained on assessing financial eligibility. This is aimed at reducing the
increase in self-represented litigants; the gap between those eligible for Legal Aid and those who are unable to afford a private lawyer.
More staff lawyers also took on more major criminal cases. We have the expertise.
Staff lawyer Christa Thompson was counsel on R. v. X [2014] N.J.S. No. 609
X shot his 15 year old cousin when he was 16. Both youth were African Nova
Scotian. The court considered expert evidence on race and culture when
determining an adult sentence application. This is the first case that sets a clear
example of how expert evidence on race and culture is essential to provide the
court with the proper lens. X was sentenced as a youth.
Legal Aid’s expertise is recognized within the profession. Legal Aid Lawyers are called upon to provide legal education to other lawyers
& to the judiciary; to write legal articles; to work with community organizations; to play key roles in organizations such as the NS
Barristers Society, the Criminal Lawyers Association, the CBA Family Law Section and the Schulich School of Law. It is with
considerable pride that I invite you to have a look at the “Presentations and Publications” section.
6
Jill Perry, Managing Lawyer NSLA Sydney & 2015 President, NS Barristers’ Society
The Private Bar are an invaluable part of Legal Aid. The private bar participates in the delivery of Legal Aid by taking legal aid cases on
certificate, by serving on the commission (our ‘board’), by participating in specific projects.
One project focused on developing a private bar mentoring program for lawyers interested in taking Legal Aid cases. Senior lawyers
including Joel Pink Q.C., Julia Cornish Q.C., Doug Shatford Q.C. and Phil Star Q.C. partnered with us. This will be rolled out in 2015 and
was highlighted in the Society Record fall 2014.
Strategic Priority 2 : Connecting Better
Saying “YES” was a change from saying “you come to us” to “connecting better with the
communities we are here to serve”.
Connecting Better:
• More community consultations – 6 with Mi’kmaq communities; 4 with African-Nova Scotian
communities; legal partnership with Immigrant Services Association of Nova Scotia;
• Smarter use of IT: e-mail to text client reminders, video conferencing, on line applications;
• Regional community outreach – each office tasked with connecting better.
Some examples:
 Yarmouth walk-in clinics;
 Truro after-hours clinics;
 Annapolis → Bear River First Nations;
 HRM:
• 3 Preston communities
• Mi’kmaq Friendship Centre
• Phoenix House
• Bayers Westwood Parents Resource Centre
• Spryfield @ Chebucto Connections
P. Adams Photography
Connecting better also means celebrating the volunteer work we do within the communities in which
7
we work and live.
Managing Lawyer, Rickcola B.
works with Dartmouth Girls
Club (P. Adams Photography)
Financial Services Officer ,
Carlita H., volunteers time to
prepare income tax for low
income Nova Scotians
NSLA staff work jointly with
private lawyer Mark Knox,
QC in evening support
groups with ex- offenders
Connecting better means stronger collaboration. Here are a couple examples only:


Began work with the Access to Justice Coordinating Committee chaired by the Chief Justice and the Minister of Justice. This
committee will consider ways to address access to justice gaps: NSLA’s first new role: we committed to providing advice to
self-represented litigants in family law appeals and this will roll out very soon.
Worked with justice and health stakeholders to implement and refine wellness approaches in criminal courts. This is aimed at
addressing the root causes of criminal justice intersection.
Society Record:
“The Mental Health Court in Dartmouth provided a model for some aspects of
the Kentville pilot. The pilots came about through an unprecedented
partnership between the Provincial Courts, the Public Prosecution Service,
Nova Scotia Legal Aid, Community Corrections and Mental Health and
Addiction Services.” –

Worked with Corrections, Court Services, Judiciary, and PPS to better incorporate IT (think video conferencing and electronic
disclosure) in our criminal justice systems.
Strategic Priority 3: Client Centered
A client first mentality:
•
•
Lawyers and support staff with
increased diversity and cultural
competencies;
Support staff working in triage with
lawyers.
Client first means non-lawyers can play a key role (think Nurse Practitioners):
•
•
•
•
Added a court support worker to Dartmouth Provincial Court;
Added a Family Support Worker in the Dartmouth Family office;
Our first Aboriginal Social Worker joined us in January 2015. Ms. Lee’s focus is to work with aboriginal parents facing child
welfare issues and lawyers;
Support Staff in Amherst piloted a navigational approach at Arraignment Court to facilitate quicker hookup to Legal Aid for
youth and adults. Aimed at decreasing adjournments.
Client first is a commitment to increasing our responsiveness.
8
•
•
15% of our lawyers are racialized/visible minority;
Professional development meetings include Aboriginal competencies. We were honoured to have Chief Prosper , Joe B.
Marshall, Union of NS Indians, and Dr. Jane McMillan present at our AGM.
Cathy Benton, Managing Lawyer,
Bridgewater Office & staff lead on the
Aboriginal Justice Initiative, accepting the
award (2015)
NSLA received the CBA Excellence In Equity & Diversity Award
Staff Lawyers & Community Leaders at the IB&M Reception (2015)
(Law School Indigenous, Black and Mi’kmaq Initiative)
HERE WE ARE
We navigate the access to justice road with values of excellence, responsiveness and accountability as
our guiding principles.
More access to more justice for more Nova Scotians. It comes at a cost. The Province has provided
sustainable funding and on behalf of Nova Scotians who need legal aid and stakeholders, I thank the
Province.2
The GPS, however, warns of future challenges:
1. Financial reinvestment will be required in two years as NSLA expends what reserves it has.
2
The Federal Government has provided the same amount of specific dollars toward the delivery of criminal Legal Aid.
9
2. Staff complement will have to be increased. Present staff levels are at capacity. Staff have
stepped up to the plate and have answered the call to “do more with less” but as the number of
those we service increases, so must those who provide the service.
THE END
SO the story is positive.
conclusion.
. The information contained in this report will, I hope, lead you to the same
The story is not perfect and the future is not without challenges. I will end the story where I started. The
way forward will take
COURAGE
IMAGINATION
DETERMINATION TO DO BETTER
I believe we have these qualities.
-------------------------------------------------------------------------------------
Karen Hudson, QC
Executive Director
10
COMMISSION MANDATE
The mandate of the Nova Scotia Legal Aid Commission, in so far as
Government funding permits, is:
(a)
To deliver quality legal services to qualified applicants with
priority for matters involving the liberty and civil rights of
individual clients and for matters involving the integrity and
protection of an individual's family;
(b)
Such other legal services as Government may contract with the
Commission to provide to individuals or groups.
11
NSLA COMMISSION STRUCTURE
LEGISLATIVE
AUTHORITY
Legal Aid Act
1989, RSNS, c.252
Attorney General/
Minister of Justice
s.6(2), 9(5), 11(2)
Nova Scotia Legal Aid
Commission Directors
(16) & Chair (1)
Executive Director
s.14(2)
MANAGEMENT
Executive Director
Executive Committee
Service
Delivery
Director
Internal
Operations
Director
Chief
Financial
Officer
Managing Lawyers
(ML)
SERVICE
Staff Lawyers (includes MLs)
Legal Assistants
Court Support Workers
Family Support Assistants
Aboriginal Social Worker
Private Lawyers
Accepting
Certificates
12
Funding to
Dalhousie Legal Aid
Service $69,000
BOARD OF DIRECTORS AS OF MARCH 31, 2015
Donald G.
Harding, QC
(Chair)
George Ash
Dartmouth
Trinda
Ernst, QC
Truro
Glace Bay
Darlene
MaRury
Naiomi
Metallic
Linda
TippettLeary
Halifax
Halifax
Frank Gillis,
QC
Kentville
Glace Bay
Fred
Colaiacovo,
CA
Ronald R.
Chisholm
Kathy Isnor
Halifax
Barbara
Darby
Bedford
Edward
Kirby, CA
Halifax
Richard W.
Norman
Hugh
Robichaud
Halifax
Halifax
Meteghan
Walter I.
Yeadon
Brookside
Vacancy
Vacancy
13
MANAGEMENT TEAM
OFFICE OF THE EXECUTIVE DIRECTOR:
KAREN HUDSON, QC
Executive Director
JOSEPH A. CAMERON
Internal Operations Director
D. PETER MANCINI, QC 3
Service Delivery Director
JENNIFER CAIN, CA
Chief Financial Officer
REGIONAL OFFICES:
ROBERT GREGAN4
Managing Lawyer, Amherst
BRIAN VARDIGANS
Managing Lawyer, Kentville
DARREN MACLEOD
Managing Lawyer, Annapolis Royal
STEPHEN ROBERTSON
Managing Lawyer, New Glasgow
CINDY MURRAY
Managing Lawyer, Antigonish
SAMUEL MOREAU5
Managing Lawyer, Port Hawkesbury
CATHY BENTON
Managing Lawyer, Bridgewater
E. ANN MARIE MACINNES
Managing Lawyer-Criminal
Sydney/Sydney Duty Counsel
SHELLEY HOUNSELL-GRAY
Managing Lawyer – Dartmouth Family
KAREN ENDRES
Managing Lawyer – Dartmouth Criminal
BRAD SARSON
Managing Lawyer, Halifax South
KRISTA FORBES
Managing Lawyer, Halifax North
LONNY QUERIPEL
Managing Lawyer-Duty Counsel
HRM Youth and Duty Counsel
MEGAN LONGLEY6
Managing Lawyer – Youth
HRM Youth and Duty Counsel
JILL PERRY
Managing Lawyer– Sydney Family
SHANNON MASON
Managing Lawyer, Sydney Conflict
ROBERT MOORES
Managing Lawyer, Truro
BRIAN STEPHENS
Managing Lawyer, Windsor
MURRAY JUDGE
Managing Lawyer, Yarmouth
PAUL STORDY
Managing Lawyer, Information & Advice
DAVID MAHONEY
3
Peter Mancini gave retirement notice effective November 2015 and Megan Longley was hired September 1, 2015 as his
successor for the Service Delivery Director position.
4
Robert Gregan was Managing Lawyer until his appointment as a Justice to the Supreme Court Family Division in June
2015. He was replaced by Stephanie Hillson.
5
Management of the Antigonish and Port Hawkesbury Offices was split effective September 1, 2015 and Samuel Moreau
took over management of the Port Hawkesbury Office from Cindy Murray.
6
Megan Longley was Managing Lawyer until her appointment as Service Delivery Director effective September 1, 2015.
She was replaced by Rickcola Brinton.
14
Managing Lawyer – Special Projects
OFFICE LOCATIONS
PO Box 760
151 Wentworth Rd., Suite 2
WINDSOR, NS B0N 2T0
T 902-798-8397
TF 1-866-798-8397
F 902-798-8345
55 Church Street
AMHERST, NS B4H 3A7
T 902-667-7544
TF 1-866-999-7544
F 902-667-0030
102-523 Prince Street
TRURO, NS B2N 1E8
T 902-893-5920
TF 1-877-777-5920
F 902-893-6112
325 Main Street, Salon B
KENTVILLE, NS B4N 1K5
T 902-679-6110
TF 1-866-679-6110
F 902-679-6177
70 West Street, Suite 2
ANTIGONISH, NS
B2G 2X7
T 902-863-3350
TF 1-866-439-1544
F 902-863-7598
PO Box 188,
56 St. Anthony Street
ANNAPOLIS ROYAL, NS
B0S 1A0
T 902-532-2311
TF 1-866-532-2311
F 902-532-7488
204-164 Main Street
YARMOUTH, NS B5A 1C2
T 902-742-0676
TF 1-866-742-3300
F 902-742-0676
202-141 High Street
BRIDGEWATER, NS
B4V 1W2
T 902-543-4658
TF 1-866-543-4658
F 902-543-3044
LIVERPOOL 902-354-3215
116 George Street
NEW GLASGOW, NS
B2H 2K6
T 902-755-7020
TF 1-877-755-7020
F 902-752-8733
300-99 Wyse Road
DARTMOUTH, NS
B3A 4S5 (Adult Criminal)
T 902-420-8815
TF 1-877-420-8818
F 902-420-6562
1210-99 Wyse Road
DARTMOUTH, NS
B3A 4S5 (Family)
T 902-420-7921
TF 1-855-420-7921
F 902-420-7804
302-15 Kennedy Street
*PORT HAWKESBURY,
NS B9A 2Y1
T 902-625-4047
TF 1-888-817-0116
F 902-625-5216
*In this Report, caseload
statistics for Port
Hawkesbury are reported
under Antigonish.
HRM YOUTH AND DUTY
COUNSEL
401-5475 Spring Garden Rd.
Halifax, NS B3J 3T2
T 902-420-7800
F 902-428-5736
SUPREME COURT FAMILY
DIVISION DUTY COUNSEL
3380 Devonshire Avenue
PO Box 8988, Stn. "A"
HALIFAX, NS B3K 5M6
T 902-424-5616
15
F 902-424-0562
SYDNEY DUTY COUNSEL
402-15 Dorchester Street
Sydney, NS B1P 5Y9
T 902-539-7026
F 902-539-3058
SUPREME COURT FAMILY
DIVISION DUTY COUNSEL
136 Charlotte St., Main Level
SYDNEY, NS B1P 1C3
T 902-563-2085
F 902-563-2224
338 Charlotte Street
SYDNEY, NS B1P 1C8
(Conflict Office)*
T 902-563-2770
F 902-563-2774
*Opened May 2014
2830 Agricola Street
HALIFAX, NS
B3K 4E4 (Family)
T 902-420-3450
TF 1-866-420-3450
F 902-420-2873
400-5475 Spring Garden Rd.
HALIFAX, NS B3K 4E4
(Adult Criminal)
T 902-420-6583
TF 1-877-777-6583
F 902-420-1260
401-15 Dorchester Street
SYDNEY, NS B1P 5Y9
T 902-563-2295
TF 1-877-563-2295
F 902-539-0489
OFFICE OF THE
EXECUTIVE DIRECTOR
Nova Scotia Legal Aid
Commission
920-1701 Hollis Street
Halifax, NS B3J 3M8
T 902-420-6578
TF 1-877-420-6578
(client related)
TF 902-420-6573
(Executive Director)
F 902-420-3471
CLIENT FEEDBACK
.
Leslie Hogg (support staff) and Kishan
Persaud (Duty Counsel) each received
a thank you card from a woman who
received some summary advice from
Kishan, facilitated by Leslie, after she
was laid off and needed help with some
paperwork. She described Leslie as an
angel.
This is a good reminder that what seems like a small
effort to us makes a huge difference to someone who has
no access to the information or advice they need at a
very stressful time.
Also a reminder that 'the right people' for the job also
makes all the difference.
16
THE RIGHT PEOPLE
Peter Mancini, QC (Service Delivery Director) has worked with
Legal Aid since 1986, except for his year teaching at C.B.U. and
three years as a Member of Parliament.
Chandra Gosine (HRM Youth) retired on March 31, 2015 from
Legal Aid after 31 years. Chandra specialized in representing
youth.
Karen Armour, Managing Lawyer,
Windsor Office, specialized in
criminal law. She retired in 2014
and left (figuratively) big shoes to
fill.
17
Executive Director, Karen Hudson, QC, and John Simms, QC, Chair of
CBA Access to Justice Committee addressing NSLA Lawyers
Chrystal MacAulay, Head of the Staff Lawyers’ Group for NSLA
18
David Curry, Chair of our Racial Equity Group
&
practices in Adult Criminal
Commission Director, Darlene MacRury; Private Bar Lawyer, Colin
Campbell; Dalhousie Legal Aid Lawyer, Shawna Hoyte, QC; Private Bar
Lawyer, Chris Manning; Private Bar Lawyer, Roseanne Skoke; all
participate in Legal Aid.
19
Roger Burrill heads up our Criminal Appeals & Special Cases Program
and presents to lawyers and judiciary.
Brad Sarson is Managing Lawyer of our Halifax Adult Criminal Office,
takes major crime cases and volunteers with the 7th Step (Ex-Offender
Re-integration).
Staff and lawyers prepared holiday gift bags for Salvation
Army...just some of the bags and just one example of a
giving spirit.
20
NSLA received the Excellence in Equity and Diversity
Award from the CBA at the mid-winter meeting held in
January 2015.
Naiomi Metallic, Burchells LLP, and Chief PJ Prosper have been part of
making our Aboriginal Justice Initiative a success.
21
NSLA Staff and Children Participating with Chebucto
Connections in Spryfield Parade, December 2014
Both
Courtney
Spencer
(Community
Development
Coordinator and Program Coordinator for ECHO Hub) and I
[Bonnie Ste-Croix, Executive Director] wanted to share with
you how much we value having Nova Scotia Legal Aid
presence at ECHO Hub. It is clear that NSLA presence has
made a great impact in the greater Spryfield area. We
believe the current cliental accessing your services in
Spryfield are only the tip of the iceberg and as residents find
out about this valuable service more will be through ECHO
Hub’s doors.
As you know residents in Spryfield experience many barriers
in reaching legal services in HRM, and unfortunately many
needs go unmet. By Nova Scotia Legal Aid providing services
in Spryfield you are actively reducing obstacles many
residents experience. Legal Aid has been our most popular
service at ECHO Hub and we are very grateful for the
professional service of Charlene, Megan and Brad. Their work
has been met with a positive response from the community
and Chebucto Connections is looking forward to fostering this
partnership for years to come.
Thank you for sharing this valuable resource with the
Spryfield community.
Sincerely,
Bonnie and Courtney
22
Kai Glasgow (Staff Lawyer, NSLA); Keith Colwell, MLA Preston-Dartmouth; Minster
Lena Diab, Minister of Justice and Attorney General; George Ash, Lawyer,
BOYNERCLARKE LLP and NSLA Commission Director – Launch of Prestons Legal
Outreach Pilot in Fall 2014.
Adams Photography Inc.
Some of our “here to help” Sydney
staff
23
PRESENTATIONS & PUBLICATIONS SPOTLIGHT
“In addition to our daily work”
Here are some examples of how Nova Scotia Legal Aid staff contributed to continuing legal
education and furthered discourse about access to justice issues.
**********************************
Darren MacLeod, Annapolis Royal, published article title “Valley: Doorway to Bounty”
Karen Endres, Dartmouth, assisted in research on two papers for Judge
Hoskins: The Appointment of Counsel to Cross-Examine and Right to
Counsel
Pat ric ia J o n e s , Da r t m ou t h , p r es en t ed a t Ava lon on Tes t im on ia l Aid s
Sydney: Ann Marie MacInnes, presented at Cape Breton University Classes on criminal justice and,
along with Jill Perry, was interviewed on CBC regarding our new strategic direction. Matt MacNeil
volunteers for evening parent education sessions at the Court. James Snow is a member of the
Board of Directors of Howard House (halfway house) and volunteers with
Northside/Harbourview Foundation. Blair Kasouf took part in community dialogues in Eskasoni
and Membertou.
Doug Lloy, New Glasgow, develops presentations for lawyers in the northeastern part of
the Province and has authored a book on CPP Disability.
Louis Matorin, Dartmouth, and Tanya Jones, Halifax, presented at the Immigrant Services
Association of Nova Scotia.
Charlene Moore, Halifax, presented to four universities and colleges on residential tenancies and
other social justice issues.
Shelley Hounsell-Gray, Managing Lawyer, Dartmouth, presented at the Federation of Law
Societies National Family Law Program; along with Family Support Assistant, Gloria Best,
presented to young mothers at SHYM (Supportive Housing for Young Mothers).
24
Lee Seshagiri, Halifax, drafted a sentencing chapter for Carswell’s 2014 Annual Review of Criminal
Law and presented Leading Criminal Cases at the May, 2015 Nova Scotia Criminal Lawyers’
Association Conference.
Peter Mancini, QC, Service Delivery
National Pro Bono Law Symposium;
Director,
presented
to
the
Joseph Cameron, Internal Operations Director, met with various community groups to better
understand how Legal Aid can help.
Karen Hudson, QC, Executive Director, presented to the Heads of Legal Aid Plans, National CBA,
Judges, Lawyers and public (opportunities to listen and learn).
Megan Longley, Managing Lawyer, Youth Office, presented at a National Conference
organized by the Canadian HIV/AIDS Legal Network on the criminalization of HIV;
David Curry, Dartmouth, facilitated meetings between senior members of the RCMP and
African Nova Scotians in the Yarmouth and surrounding areas concerned with access to
justice/treatment issues. Meetings were held at the Legal Aid Office and facilitated by David.
Andrew Kirk, Dartmouth, and Member of our Aboriginal Justice Initiative, attends at the Mi’kmaw
Friendship Centre, on Wednesday three times per month to provide one-on-one advice and
general legal information.
Cathy Benton, Managing Lawyer, Bridgewater, and staff lead on our Aboriginal
Justice Initiative, has presented to the Confederacy of Mainland Mi’kmaq, the
Marshall Symposium in Membertou and has led community dialogues in a number of First
Nation Communities to increase our understanding of legal needs and to increase
awareness of how Nova Scotia Legal Aid can help. Jessie Denny, member of our
Aboriginal Justice Initiative and Sydney staff lawyer, was interviewed in the media
about her focus as a Legal Aid Lawyer:
25
26
Accepted Services
April 1st to March 31st
Disposition
2014/2015 2013/2014
Change
Accepted Services
45,589
42,386 3,203
7.6%
Rejected Services
1,359
1,442
(83)
-5.8%
Pending Decision
91
190
(99) -52.1%
GRAND TOTAL
47,039
44,018 3,021
6.9%
Services
Accepted
Rejected
Pending
2.9% 0.2%
96.9%
27
Accepted Services
April 1st to March 31st
Disposition
Full Service:
Staff Lawyers
Private Lawyers
Full Service
2014/2015 2013/2014
15,872
3,985
19,857
Reciprocals – Outgoing
Summary Service
Duty Counsel:
Cells
Non-Custodial
SAC
Business Hours Telephone
After Hours Telephone
Duty Counsel
Change
14,842 1,030
3,515
470
18,357 1,500
6.9%
13.4%
8.2%
102
72
30 41.7%
2,156
1,684
472 28.0%
8,394
7,246
2,090
1,317
4,427
23,474
8,649 (255)
6,288
958
1,608
482
1,253
64
4,475
(48)
22,273 1,201
-2.9%
15.2%
30.0%
5.1%
-1.1%
5.4%
Type of Service
April 1, 2014 to March 31, 2015
Summary
Service
5%
Full Service
44%
Duty Counsel
51%
28
Full Service:
Staff Lawyers
Private Lawyers
Full Service
% Full Service
Reciprocals
Outgoing
Summary Service
Duty Counsel:
Cells
Non-Custodial
SAC
Business Hours
Telephone
After Hours
Telephone
Duty Counsel
Accepted
Services
Rejected Services
Pending Decision
GRAND TOTAL
% of Total
9,453 1,229
2,048
194
11,501 1,423
%
Total
Provincial
Statutes
Civil
Family
Criminal
Age n/a
Criminal
Youth
Disposition
Criminal
Adult
Services Received by Area of Law
April 1, 2014 to March 31, 2015
0
0
0
4,147
1,681
5,828
934
62
996
109
0
109
15,872
3,985
19,857
33.7%
8.5%
42.2%
0
0
0
102
0
0
102
0.2%
604
28
0
939
508
77
2,156
4.6%
7,730
6,499
0
1,173
664
255
0
143
0
0
0
0
0
0
2,090
0
0
0
0
0
0
492
0
1
8,394
7,246
2,090
1,317
17.8%
15.4%
4.5%
2.8%
3,997
371
59
0
0
0
4,427
9.4%
19,399 1,433
59
2,090
0
493
23,474
49.9%
31,504 2,884
59
8,959 1,504
679
45,589
96.9%
541
6
0
728
76
8
1,359
2.9%
41
1
0
47
2
0
91
0.2%
32,086 2,891
59
9,734 1,582
687
47,039 100.0%
68.2% 6.1% 0.1% 20.7% 3.4% 1.5% 100.0%
29
FULL SERVICE REPRESENTATION
Gender Breakdown
24.8%
Criminal Adult
75.2%
21.9%
Criminal Youth
78.1%
74.0%
Family
26.0%
57.9%
42.1%
Civil
0
Female
1000
Civil
541
Male
393
2000
3000
Family
3,069
1,078
4000
5000
6000
7000
8000
Criminal Youth
Criminal Adult
269
2,343
960
Staff Lawyer & Private Bar (Certificate)
30
7,110
Amherst
Annapolis Royal
Antigonish
Bridgewater
Dartmouth
Family
Dartmouth
Criminal
Halifax North
Halifax South
HRM YDC
Kentville
New Glasgow
Sydney
Truro
Windsor
Yarmouth
TOTAL
Percent
%
Total
Civil
Family
Criminal
Youth
Office
Criminal
Adult
Certificates Issued to 301 Private Lawyers
April 1, 2014 to March 31, 2015
105
51
110
166
0
4
1
2
14
0
56
75
151
176
226
3
5
0
2
1
168
132
263
358
227
4.2%
3.3%
6.6%
9.0%
5.7%
442
1
7
1
451
11.3%
0
425
2
144
70
294
128
50
61
2,048
51.4%
0
0
76
29
4
18
32
7
6
194
4.9%
200
0
0
206
92
213
150
67
62
1,681
42.2%
4
0
1
0
2
31
6
6
0
62
1.5%
204
425
79
379
168
556
316
130
129
3,985
100.0%
5.1%
10.7%
2.0%
9.5%
4.2%
14.0%
7.9%
3.3%
3.2%
100.0%
31
After Hours Telephone Duty Counsel
April 1, 2014 to March 31, 2015
450
400
350
300
250
200
150
100
50
0
Criminal Adult
Criminal Youth
Unknown Age
Criminal Adult
Unknown Age
Criminal Youth
9%
1%
90%
After Hours Telephone Duty Counsel
April 1, 2014 to March 31, 2015
Month
April
May
June
July
August
September
October
November
December
January
February
March
TOTAL
Criminal
Adult
370
356
367
387
408
323
312
344
328
283
284
235
3,997
Criminal
Youth
38
47
38
34
38
20
46
28
22
28
15
17
371
32
Unknown
Age
2
9
1
8
2
11
3
13
1
4
2
3
59
Total
410
412
406
429
448
354
361
385
351
315
301
255
4,427
FINANCIAL ELIGIBILITY
Eligibility (Legal Aid Regulations)
1 (1) Subject to the Act, an applicant is eligible to receive civil legal aid and criminal
legal aid.
(a) when an applicant qualifies for benefits under the Provincial Social Assistance Act,
Part II, or benefits under the Family Benefits Act; or
(b) when the obtaining of legal services outside of the legal aid plan would reduce the
income of an applicant to a point whereby the applicant would qualify for benefits as
per clause 1(1)(a).
(2) A client who is eligible pursuant to clause (1)(b) may be required by the
Commission to make a contribution towards the payment of the costs of the legal
services rendered on the applicant’s behalf.
(3) An applicant shall not be required to dispose of his principal place of residence or
assets necessary to maintain his livelihood.
2 Notwithstanding Section 1, where the income of an applicant for legal aid exceeds
the amounts specified in Section 1, the applicant may be declared eligible for legal
aid if the applicant cannot retain counsel at his own expense without him or his
dependants, if any, suffering undue financial hardship such as incurring heavy
indebtedness or being required to dispose of modest necessary assets.
----------------------------------------------------------------------------------------------Eligibility Table
Legal Aid may be granted to a person on Social Assistance or in an equivalent
financial position where there is merit in providing legal assistance in certain areas of
family/civil and criminal law.
A person is in a position equivalent to that of someone on Social Assistance when the
gross monthly income of the person and his/her spouse, including common-law
spouse, is less than the amount set out below. (Child Tax Credit is not counted in
income) and the person's monthly expenses for shelter, food, miscellaneous,
transportation and the cost of the legal service requested is greater than the amount
set out below. (Maximum allowance for transportation is $18.00).
HOUSEHOLD
One Adult
and 1 Child
and 2 Children
and 3 Children
and 4 Children
and 5 Children
and 6 Children
and 7 Children
GROSS
MONTHLY
INCOME
$1067.00
$1416.00
$1700.00
$1924.00
$2148.00
$2372.00
$2596.00
$2820.00
HOUSEHOLD
Two Adults
and 1 Child
and 2 Children
and 3 Children
and 4 Children
and 5 Children
and 6 Children
and 7 Children
33
GROSS
MONTHLY
INCOME
$1424.00
$1708.00
$1932.00
$2156.00
$2380.00
$2604.00
$2828.00
$3052.00
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
APPENDICES
51
NOVA SCOTIA LEGAL AID’S
ENHANCED DUTY COUNSEL
2015 Evaluation Report
Photo by Paul Adams
Part of the NSLA EDC Team “Here to Help”
Kai Glasgow (Staff Lawyer); Lonny Queripel (Managing Lawyer Duty Counsel); Joanne
MacKinnon & Susan Slaunwhite (Court Support Workers); Kishan Persaud (Staff Lawyer)
52
NOVA SCOTIA LEGAL AID’S ENHANCED
DUTY COUNSEL (EDC) EVALUATION
REPORT (2015)
Prepared by:
Lonny Queripel, Managing Lawyer, Duty Counsel Services,
Nova Scotia Legal Aid
1.
INTRODUCTION
In 2013, the Executive Director, Karen Hudson, QC, prepared a report
setting out the purpose, structure and value of Enhanced Duty Counsel
(EDC) in the Provincial Courts of Nova Scotia. A copy of that report is
attached at Appendix “A” to provide background.
This report, authored by the Managing Lawyer for Duty Counsel Services, is
an update.
Enhanced Duty Counsel innovations have occurred since 2013:




2.
Cells duty counsel service in Dartmouth is now provided by an NSLA
Staff Lawyer rather than by many members of a private law firm on
contract.
The Court Support Worker in Dartmouth is now fully dedicated to
assisting Duty Counsel.
A second lawyer has been partially reassigned from the Halifax to the
Dartmouth Court in an effort to improve resolution outcomes by
providing extra resources.
Efforts to improve education and awareness within NSLA has led to an
increase in non-custodial service in the rural offices since 2013, and
improved statistical accuracy. The nine rural offices have increased
the number of clients seen by EDC from a total of 259 in 2012-13 to
907 in 2014-15.
TRENDS IN NON-CUSTODIAL DUTY COUNSEL
Non-Custodial Duty Counsel (NCDC) is help for accused who are not in
custody, but are unrepresented.
Non-custodial service has increased each of the past two years. Province
wide there has been a 19% increase in clients seen for non-custodial service
in that time. This is more help to more Nova Scotians and supports
increased efficiencies in the Criminal Justice System.
NON-CUSTODIAL DUTY COUNSEL
2012-2013
CLIENTS
QUALIFY
CHARGES
FINAL RES.
PROVINCE
4,844
68%
15,478
15%
HALIFAX
SYDNEY
DARTMOUTH
1,441
1,356
1,788
4,677
3,669
6,366
12%
25%
13%
2013-2014
CLIENTS
QUALIFY
CHARGES
FINAL RES.
PROVINCE
5,059
73%
13,280
17%
HALIFAX
SYDNEY
DARTMOUTH
1,353
1,237
1,859
73%
77%
67%
3,410
3,582
5,027
13%
24%
17%
2014-2015
CLIENTS
QUALIFY
CHARGES
FINAL RES.
PROVINCE
5,787
76%
15,826
15%
HALIFAX
SYDNEY
DARTMOUTH
1,625
1,199
1,961
78%
69%
69%
4,753
3,513
5,506
12%
25%
12%
Rural Increase in Non-Custodial Duty Counsel
6,000
5,787
5,800
5,600
5,400
5,200
5,000
2012/2013
5,059
2013/2014
4,844
2014/2015
4,800
4,600
4,400
4,200
Persons Helped
53
While the services provided in the three large centers has increased by 4%,
rural services, as mentioned above, have increased 350% over the same
period. The substantial increase is likely due to not only an effort to capture
services that had always been provided but not documented, but also a
conscious effort on the part of our lawyers to be available and provide
assistance where it might not have been given in the past.
NON-CUSTODIAL SERVICES: RURAL
AMHERST
ANNAPOLIS
ANTIGONISH
BRIDGEWATER
KENTVILLE
NEW GLASGOW
TRURO
WINDSOR
YARMOUTH
2013-2014
2014-2015
INCREASE
22
44
15
141
101
110
103
49
1
25
76
51
262
162
111
163
54
3
13%
72%
340%
86%
60%
1%
58%
10%
300%
Quantitative information (statistics) leads to qualitative discussion – why
variations between service delivery from one office to another?
NSLA will continue to focus on supporting non-custodial service in our rural
offices. Unlike cells duty counsel service, non-custodial service does allow
for an increase in services provided by NSLA lawyers simply being available
to help. And while final resolutions are not achieved as often, some
resolution (final or ‘legal’)7 was achieved in nearly 40% of cases in the past
two years, meaning the individual’s case was advanced in some way in four
out of ten instances where assistance was provided.
One of the positive aspects of the non-custodial service is the ability to
provide assistance to individuals that might not otherwise qualify for legal
aid assistance. Not only do the Courts benefit from this ‘open’ service,
hopefully NSLA, and the justice system in general, gain some goodwill from
members of the public that would otherwise not qualify for full service.
There is no financial eligibility for Duty Counsel Services. It is a way in which
NSLA puts our “Here to Help” motto into action.
3.
TRENDS IN CELLS DUTY COUNSEL
Cells duty counsel responds to the number of individuals brought to Court in
custody. The focus has been, where warranted, on increasing the number of
cases where final resolution has been achieved. In Halifax and Sydney the
final resolution numbers have consistently shown a resolution rate in the
7
Resolutions can be final resolutions:
sentenced, diversion/restorative justice, charges
withdrawn/stay, unfit/not criminally responsible. Resolutions can be legal resolutions: referral to
Mental Health Court/Domestic Violence Court, application heard, information and advice.
54
25% to 35% range, meaning that between a quarter and a third of the
charges brought before the cells courts in those jurisdictions have been
completed by cells duty counsel.
CELLS DUTY COUNSEL
2012-2013
CLIENTS
RELEASED
CHARGES
FINAL RES.
PROVINCE
5,264
64%
24,939
23%
HALIFAX
SYDNEY
DARTMOUTH
1,747
1,038
1,271
9,121
5,031
6,077
31%
35%
12%
2013-2014
CLIENTS
RELEASED
CHARGES
FINAL RES.
PROVINCE
5,182
60%
22,726
24%
HALIFAX
SYDNEY
DARTMOUTH
1,743
963
1,215
73%
62%
47%
8,802
4,583
4,725
32%
31%
14%
2014-2015
CLIENTS
QUALIFY
CHARGES
FINAL RES.
PROVINCE
5,078
61%
22,375
24%
HALIFAX
SYDNEY
DARTMOUTH
1,964
907
824
69%
63%
49%
9,540
4,187
3,562
35%
24%
12%
Final Resolutions - 2014-2015
??
Dartmouth
12%
Sydney
24%
Halifax
Final Resolutions
35%
0%
10%
20%
30%
55
40%
While the number of individuals seen by cells counsel Province-wide has
declined modestly by 4% since 2012-13, resolution numbers have remained
around 24%, and in Halifax reached a high of 35% in the past year.
Dartmouth continues to produce only half the provincial average of final
resolutions, even after changes in the resources available, and will continue
to be a focus in an effort to bring resolution numbers in line with the other
large centers, and the Province in general.
4.
CONCLUSION
In the 2013 Report, four areas were noted under the heading ‘Strengths and
Weaknesses’. Three of those areas have been, and continue to be addressed
in a positive manner:



Experienced lawyers continue to be placed in the three large
centers providing exclusive EDC service.
Training throughout Legal Aid has led to an increase in services
provided.
Training of lawyers and staff has also improved accuracy in data
collection.
The one area of concern continues to be cells service provided in Dartmouth,
which consistently falls below the provincial, and Halifax/Sydney average for
final resolutions and releases. It is suggested that a meeting take place
between the Management of NSLA and PPS.
Early and appropriate
resolution of criminal matters is a specific goal of the Criminal Justice
Transformation Group.
Karen Hudson, QC, Executive Director:
“NSLA’s Enhanced Duty Counsel Services
are court-based services and provides:



Experienced lawyers;
Focused on early resolution where
appropriate;
Court Support Workers who work
in triage with the lawyers, who
help
navigate
accused
to
community
resources,
who
facilitate quicker hookup with Legal
Aid Offices.
All this helps individual Nova Scotians and
the Criminal Justice System.”
56
Chief Judge Pamela S. Williams:
“The Enhanced Duty Counsel Program is
an invaluable service to the justice
system, including the public, the Public
Prosecution Service and the
judiciary. NSLA Duty Counsel, time and
again, provide timely and effective legal
advice to persons who otherwise would
have to navigate the ‘unknown and
sometimes turbulent waters’ of the
criminal justice system, alone and
confused. EDC both compliments and
enhances access to justice; it performs a
vital role in assisting the marginalized, the
vulnerable and the needy who often
appear before us. On behalf of the judges
of our courts I would like to extend our
gratitude to NSLA for expanding this
service. “
Enhanced Duty Counsel is a valuable component of Nova Scotia’s Criminal
Justice System. Our model was considered by Legal Aid in British Columbia.
They are rolling out an EDC program with many of the same elements as
ours. Here is a quote, April 2015, from the BC Attorney General and
Minister of Justice:
“The expanded criminal duty counsel will give low-income British
Columbians increased access to criminal legal aid services which are
focussed on resolving cases before the trial date is set. Clients will
have the benefit of using the same lawyer throughout the process,
resulting in better service and resolution of their legal matter as
quickly as possible. “
While we are pleased with the success and recognition our program has
achieved, Nova Scotia Legal Aid is committed to the continued assessment
and improvement of the EDC services it provides to Nova Scotians.
57
APPENDIX “A”
58
ENHANCED DUTY COUNSEL (EDC)
EVALUATION REPORT FOR OVERSIGHT
& IMPLEMENTATION COMMITTEE
Prepared by:
Karen Hudson, QC, Executive Director,
Nova Scotia Legal Aid Commission
1.
INTRODUCTION
What is EDC?
EDC “is an approach to providing Duty Counsel services that attempts to
move matters quickly at the early stages of the court system, often
achieving early resolutions prior to written application for full legal aid
services”1
How Does EDC Work?
“EDC differs from the traditional facilitating model [i.e. a walking brochure]
in that Duty Counsel Lawyers are assigned to the same court on a
continuous basis so they are able to see the same client on more than one
initial appearance.”2
EDC uses experienced lawyers along with non-lawyers (Court Support
Workers). Court Support workers (CSW) provide triage to the lawyers
(obtain disclosure, call sureties, etc.), navigate accused to community
resources and facilitate hook up with full-service offices when necessary.
The Nova Scotia EDC Landscape
Cells and Non-Custodial Duty Counsel is provided by NSLA around the
Province. The highest volumes are Sydney, Dartmouth and Halifax and those
three locations have 8 full-time solely-focussed Duty Counsel (seven fulltime lawyers and one block contract) and 4.5 Court Support Workers (CSW).
Current distribution looks like this:
1
Not Just a Substitute for Full Service: Expanded Duty Counsel in Nova Scotia, 2012 Report by Dr.
Ab Currie, Department of Justice (Canada) and Karen Hudson, QC, Executive Director, Nova Scotia
Legal Aid Commission
2 Ibid
59
Office
Halifax
Sydney
Dartmouth*
Duty Counsel
Lawyers
4
2
2
Court Support
Workers
2
2
.5
*No arraignment court for youth at that location.
EDC is divided into Cells Duty Counsel (CDC) and Non-Custodial Duty
Counsel (NCDC).Sydney has one CDC and one NCDC; Dartmouth has the
equivalent of 1 CDC (block contract – a number of lawyers in one firm
provide coverage equivalent to one person) and one NSLA staff NCDC;
Halifax has 2 CDC, 1 NCDC and 1 Youth Duty Counsel.
All lawyers, with the exception of the block contract, work in a team
assisting and covering for each other.
2.
BENEFITS
EDC achieves:




Early final resolutions where appropriate;
Quicker hook up with full-service offices when necessary;
Movement of issues (release, disclosure, information and advice);
Navigation to community resources to help address root causes.
Not Just a Substitute for Full
Service: Expanded Duty
Counsel in Nova Scotia
“EDC…has important implications for
cost control and the sustainability of
legal aid [decreasing demand on the
full-service office] and for supporting
efficiencies in the courts”.
Ab Currie, Principal Researcher: Legal
Aid and Access to Justice
Department of Justice Canada
and
Karen Hudson, Executive Director, Nova
Scotia Legal Aid Commission
EDC in Nova Scotia 2012 Report by Dr. Ab
Currie, Department of Justice (Canada) and
Karen Hudson, QC
60
“[The
Public
Commission
Report
recommended EDC as] the most effective
and cost-efficient mode of delivering legal
assistance”.
“At the same time, attention has to be
paid to ensure that Duty Counsel are
properly resourced, that they have
enough time to carry out their functions,
and that space is allotted so that they can
meet
with
clients
in
private.
Consideration should also be given to
providing paralegal assistance to work
alongside Duty Counsel”.
Public Commission Report on Legal
Aid in British Columbia, 2011
“EDC can help achieve more early
resolutions generally and can help
manage
the
growing
volume
of
administrative cases such as breach of
probation and failure to appear.
The
lawyer continuity provided by this model
allows Duty Counsel to assist clients to
access services to address the root causes
of their problems and efficiently manages
appropriate cases to resolution and
creates opportunities for DC to work
closely with Crown and Court Services to
improve disclosure, scheduling and other
processes”.
Making Justice Work, Improving Access and
Outcomes for British Columbians – Report to
the Minister of Justice and Attorney General
British Columbia, July 2012
“Our preliminary assessment is that EDC
should reduce the number of court
appearances and shorten the time to case
conclusion for their clients….a 27%
decrease in appearances and time to
resolution as a result of this proposed
service could yield $158,000 in savings
per 1,000 cases”.
61
3.
NSLA EDC 2012/2013 – PRELIMINARY FIGURES
COMMISSION TOTALS PROVINCE-WIDE
Cells Duty Counsel
Cells Duty Counsel
5,264 accused, received 8,705 services
dealing with 24,939 charges
23% early final resolutions
82% would likely qualify for Nova Scotia
Legal Aid
64% were released
Breaking it Down
Halifax
1,747 accused
9,121 charges
Final resolution 31% overall
Sydney
1,038 accused
5,031 charges
Final resolution 35% overall
Dartmouth
1,271 accused
6,077 charges
Final resolution 12%
 Three of our most senior CDC Counsel finally resolved between 33%
and 44% of all charges
 Youth matters generally do not resolve at the same rate as adult
matters.
 Block contract (NSLA pays a firm to provide coverage for Cells Duty
Counsel) shows a final early resolution rate of only 12%.
 Rural offices provided cells Duty Counsel to 1,208 accused.
Commission Totals Province-Wide
Non-Custodial Duty Counsel
Non-Custodial Duty Counsel
4,844
accused,
received
6,531
services dealing with 15,478 charges
Final resolution rate overall 15%
68% likely qualify (32% likely not
qualify)
Halifax
Sydney
Breaking It Down
1,441 accused
4,677 charges
Final resolution rate overall 12%
1,356 accused
3,669 charges
62
Commission Totals Province-Wide
Non-Custodial Duty Counsel
Final resolution rate overall 25%
Dartmouth
1,788 accused
6,366 charges
Final resolution rate overall 13%
 Rural offices provided NCDC to 259 accused.
4.
2012/2013 FOCUS




5.
Changes to Case Management System (CMS) implemented April 1,
2012.
Updated training for DC Lawyers, Court Support Workers and Legal
Assistants inputting data.
Data consideration and analysis.
Personnel and position focus changes in Sydney.
STRENGTHS AND WEAKNESSES




We have the right DC lawyers in the staff positions and HRM CSWs are
highly motivated (Sydney has struggled with transitions and absences
in CSW positions. 2013 will be better).
Further training is needed on form completion and data inputting. All
charges should show a resolution.3 Increased training and continued
data analysis will increase confidence in data.
Dartmouth volumes are growing but we do not plan to increase DC or
Court Support Workers this fiscal year.
Increasing volume of services.
44.6% increase over 4 years
(2009/2010 to 2012/2013) only addition to personnel was 0.5 Court
Support Worker for Dartmouth.
KH/lms
File: 0974
3 Resolutions can be final resolutions:
sentenced, diversion/restorative justice, charges
withdrawn/stay, unfit/not criminally responsible. Resolutions can be legal resolutions: referral to
Mental Health Court/Domestic Violence Court, application heard, information and advice.
63
NOVA SCOTIA LEGAL AID’S
SUMMARY ADVICE COUNSEL (SAC)
REPORT (2015)
Prepared by:
Paul Stordy, Managing Lawyer,
Information & Summary Services and
full-time Summary Advice Counsel
Supreme Court Family Division Halifax
Nova Scotia Legal Aid
1.
INTRODUCTION
In 2003 there was a request by the Nova Scotia Judiciary and the Provincial
Government to develop some assistance to the growing number of selfrepresented parties going through the Family Court system.
Nova Scotia Legal Aid (NSLA) responded by starting the Summary Advice
Counsel Service (SAC) in the Supreme Court Family Division in Halifax.
Ironically the first date of the SAC Court-based Service coincided with
Hurricane Juan in the Fall of 2003.
The SAC expanded in 2004 to the Sydney Justice Centre.
Effective 2014, NSLA provides SAC in each of the twelve (12) family court
sites throughout Nova Scotia. This service expansion was effected without
an
in personnel. For example, a lawyer from the Windsor Office will travel
1x per month to the Bridgewater Family Court to provide SAC.
SAC service is possible because of the support of the Judiciary, the Nova
Scotia Department of Justice and Court Services.
2.
WHAT IS THE SAC SERVICE?
Free legal information and tailored advice.
Typically, it is for self-represented litigants. Those who do not qualify for full
service legal aid and cannot afford a private lawyer.
It is Courthouse-based to provide easy accessibility for self-represented
litigants; however, in keeping with the provincial focus on proportional
response [think triage and early resolution] it is also for Nova Scotians who
have not started a Family Court Application but wish some one-on-one, up
front advice.
64
“Promoting access to justice is a priority for the Province of Nova
Scotia. The Nova Scotia Legal Aid Summary Advice Counsel Service
plays a pivotal role in our efforts to improve the delivery of family justice
services. Rates of self-representation within the family justice system are high - a review of case
files in Sydney and Halifax revealed that up to 85% of respondents are self-represented at the
court’s intake stage. Public legal literacy is low and navigation through the family justice system
can be challenging and costly. Further, it is widely recognized that the adversarial system can be
damaging to families who often benefit from alternatives to court. For these reasons, the
Department of Justice’s Court Services division has focused on the provision of legal information
products and early intervention, including diversion, proportionate to levels of conflict.
The Summary Advice Counsel Service is a primary referral service for clients who struggle to have
their legal needs met. Court staff avidly promote and refer to the service, particularly at the early
stages of the court process. It is at this stage when it can be critical for family justice clients to be
able to clarify or apply the legal information provided to them by court staff with timely and easy to
access legal advice provided by Summary Advice Counsel. Similarly, the Summary Advice Counsel
is readily available to give legal advice within the two week cooling off period following a court
assisted negotiated agreement between family justice clients. This promotes and cements the validity
and sustainability of these out-of-court agreements.
Staff are grateful to be able to point clients to a service through which they can obtain the advice
that they themselves cannot give. Nova Scotia Department of Justice Court
Services greatly appreciates Nova Scotia Legal Aid’s enthusiasm in
increasing access to justice, and for its dedication to providing valuable
services like the Summary Advice Counsel.”
Pamela Marche, Director, Court Services
Department of Justice
The SAC can help with:
■
■
■
■
■
■
Legal terms
How to start or respond to a court application
The implications of agreeing or not agreeing to a court order
Court processes
Legal documentation
Other aspects of family law
Some examples of the things that the SAC can do to help:



Advice about how to separate from a spouse or partner
Common law rights
Domestic violence issues and concerns
65












3.
Review and answer questions about how to do an affidavit
Explain the child support guidelines and the exceptions to it
Process of uncontested and contested divorces
Preparing for a settlement conference
Preparing for a contested Court matter
How do I divide my property, pensions
Legal definitions
Interpreting of Court Orders and other documents
Variation of Court Orders
Emergency Court matters
Alternatives to Court
Conduct workshops on legal topics
CHANGES AND INNOVATIONS
The number of self-represented parties in family court has increased
significantly since the inception of the SAC in 2003. This means that more
“Do-it-yourself” information is being produced to make the family court
system more accessible to these self-represented parties. The two full-time
SAC Lawyers (Gus Postlewaite in Sydney and Paul Stordy in Halifax) participate
in developing and delivering workshops, videos, step-by-step guides to the
Court processes, user-friendly forms, on-line websites, inter-active court
forms. Collaboration is key.
The SAC is involved in all aspects of these changes and the SAC Service is
responsive to the needs of Nova Scotians:
 Expanding SAC to all family court sites allows for better access to free
legal advice
 Expanded advice to grandparents and extended family members who
have questions about their legal rights and responsibilities has been
undertaken.
 The use of websites (and the work of SAC Lawyers in developing
content for websites) such as www.nsfamilylaw.ca, www.legalinfo.org,
www.courts.ns.ca, www.nsbs.org, and www.nslegalaid.ca allows
access to legal information and processes from home or cell phone.
 Evening appointments in Halifax and limited legal advice on the
telephone allows better access for those who have mobility issues,
work limitations, child care issues, transportation concerns or
geographic barriers.
66
 The expansion in the near future to “on-line chat” legal advice will
allow technology to be a key factor in better access to justice.
 Promotion of the SAC over the past year (visits to Court sites, Legal
Aid Offices and Community groups) and development of promotional
information such as emails, posters, and web site promotion increased
visibility and awareness.
 Work with the DOJ and Judiciary on a self-help workbook and work
with the Legal Information Society of Nova Scotia helped advance the
accessibility of Justice.
4.
STATISTICAL DATA COMPARISON
In the first year of the SAC (2003/2004) there were approximately 1000
persons who had access to free family legal advice.
In 2013/2014 there was a total of 1608 persons who saw the SAC for Legal
Advice.
This increased in 2014/2015 to 2090 - an increase of over 30%.
This trend is expected to continue in 2015/2016. Sustainable funding from
the Province of Nova Scotia has allowed NSLA to provide this service.
The Halifax and Sydney sites are the only locations where there is an on-site
SAC lawyer. The other ten (10) Family Court sites have an SAC lawyer that
attends the Court one day a month for appointments that are arranged and
booked by the staff of that Family Court site. The lawyers involved in this
service are Nova Scotia Legal Aid employees who have added these
additional responsibilities to their other regular duties.
67
SPOTLIGHT
80% of persons who use this service exceed NSLA’s
financial guidelines for full representation services.
Approximately 60% of those receiving the service are
female.
The Halifax and Sydney sites
are the busiest which is
consistent with the
demographics of the Nova
Scotia population.
There has been significant
change in the number of
people accessing this
service.
30%
68
over prior year
5.
“FEEDBACK”
Almost all the comments regarding the SAC Service are positive. This
includes the self-represented persons, the Judiciary, Court Staff, Transition
Home Staff, Victim Services, Police Agencies, Legal Aid, Private Lawyers, and
various other stakeholders.
Some examples of general common comments:
“Very good service. I don’t know what I would have done without the help
from the Summary Advice Lawyer.”
“I feel much better having some knowledge of what I am entitled to.”
“It is nice to tell people that they can have their Conciliation Consent Order
reviewed by a lawyer on a timely basis.”
“I don’t have to use up Court time explaining the Court process to people. I
can just tell them to call the SAC and that lawyer will help.”
The few general common negative comments related to wait times and lack
of in-court duty counsel.
Some examples:
“I need to speak with the lawyer now on the weekend when my access was
denied.. Not Monday when the Court is open!”
“I want the lawyer to come to Court with me and assist me in the
Courtroom. I find it difficult to tell the Judge what I want.”
69
5.
CONCLUSION
There continues to be an increase in demand for the SAC service. If we want
better access to justice for people going through the family law system
without lawyers, we need to adapt the service to better suit their needs.
Some changes have already taken place or are being developed, including
availability of after-hours appointments, telephone advice, use of social
media and websites, and “on-line chat” accessibility. Having “Duty Counsel”
in court for family law issues is not possible given the time and financial
restraints. However this may be something that will need to be explored in
the future.
We should consider adding a non-lawyer to either Sydney or Halifax to
provide proportional help (think, “nurse practitioners”); this position could
provide legal information re: court processes, referrals and help with
document preparation.
demand has been met within current resources (i.e. no additional staffing
hired).
SAC (Summary Advice Counsel) Services should remain a core Legal Aid
service.
70
Homicide
Attempted Murder
Robbery
Sexual Assault
Sexual Abuse
Aggravated Assault
Assault
Kidnapping
Abduction
Arson
Weapons/Explosives
Break & Enter
Fraud/False
Pretences
Theft
Possession Stolen
Property
Property Damage
Mischief
Prostitution
Gaming/Betting
Public Order Offence
Administration of
Justice
Traffic/Import Drugs
Possession of Drugs
CC Motor Vehicle
Offence
Impaired Driving
Forgery/Uttering
Criminal Negligence
Uttering Threats
Conspiracy
Peace Bond
Breach of Probation/
Order Variation
CC Review Board
Child Pornography
Appeal
Other
Criminal Adult
Total
Private
Lawyer
Staff
Total
NEC
MH
YA
WI
TR
SY
Conflict
SY
DC
SY
NG
KE
HRM
YDC
HAS
HAN
DR-C
DR-F
BW
AT
AR
CRIMINAL ADULT
AM
Number of Full Service Matters Completed
April 1, 2014 to March 31, 2015
0
0
0
0
0
2
1
0
0
0
2
3
0
0
2
8
0
0
2
3
0
1
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7
18
17
23
1
2
0
2
12
1
0
9
0
1
7
2
0
0
0
20
12
2
0
0
0
23
17
0
0
0
0
1
9
2
0
4
0
5
6
0
0
0
0
0
0
0
4
2
0
4
11
2
1
15
3
4
2
0
0
0
0
66
108
12
64
55
3
3
9
1
0
0
15
0
87
0
3
7
25
0
2
13
8
5
1
0
179
108
52
0
45
0
50
0
65
1
0
0
249
2
0
0
324
6
0
0
83
3
64
0
190
0
31
0
1
0
51
2
76
1
51
0
48
0
0
0
1,380
15
351
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
-
4
0
2
0
1
0
2
0
3
0
2
0
2
0
0
1
1
0
4
0
18
8
3
12
3
14
5
16
6
16
0
0
51
48
0
0
32
59
1
0
3
16
8
11
25
31
0
0
0
0
5
14
13
16
3
10
6
5
0
0
164
268
58
170
2
4
4
15
0
40
0
48
0
9
14
18
0
0
13
3
4
4
0
178
48
32
27
26
69
0
258
0
560
0
100
65
218
0
0
78
55
32
37
0
1,557
130
3
7
3
4
0
19
0
27
0
12
3
28
0
0
10
8
5
2
0
131
31
7
8
14
7
0
40
0
53
0
10
14
44
6
1
12
14
15
5
0
250
26
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
-
3
0
1
0
0
0
0
0
1
0
0
0
10
0
0
0
34
0
0
0
5
0
0
0
19
0
0
0
1
0
10
0
2
0
0
0
2
0
0
85
0
4
39
0
6
91
0
141
0
127
0
63
3
124
8
0
99
53
0
18
1
773
56
12
15
17
15
13
9
11
17
0
0
54
48
0
0
59
72
0
0
49
25
5
21
57
40
0
0
0
0
11
9
22
13
6
10
1
3
1
0
318
297
122
43
2
1
7
5
0
35
0
44
0
10
4
11
0
1
9
14
1
12
0
156
11
18
3
0
16
27
2
0
17
39
0
0
18
27
2
0
12
0
0
0
0
71
2
1
60
0
0
0
0
67
9
0
73
0
0
0
0
45
2
0
24
31
0
0
10
70
1
1
50
0
0
0
4
0
0
0
0
50
0
0
12
33
0
0
14
17
0
0
16
4
1
0
17
0
0
0
0
499
22
2
343
19
5
0
85
0
1
1
1
0
0
0
2
0
0
0
0
0
0
1
3
0
0
0
1
0
3
0
1
0
0
0
0
0
4
1
0
0
0
0
0
0
0
3
16
0
2
29
97
65
40
0
282
0
404
0
33
71
198
1
1
35
20
75
69
0
1,420
126
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
183
0
184
0
3
1
10
0
2
44
0
3
40
4
1
13
0
0
1
2
4
29
0
0
0
6
23
63
0
0
0
0
0
5
1
2
36
4
0
31
0
0
0
0
0
0
1
0
9
1
1
14
2
0
51
0
1
4
0
0
0
24
38
350
2
9
64
267
358
330
421
1
1,502
0
2,234
1
520
379
1,200
50
7
454
400
322
433
2
8,881
1,649
71
Private
Lawyer
Staff
Total
NEC
MH
YA
WI
TR
SY
Conflict
SY
DC
SY
NG
KE
HRM
YDC
HAS
HAN
DR-C
DR-F
BW
AT
AR
CRIMINAL
YOUTH
AM
Number of Full Service Matters Completed
April 1, 2014 to March 31, 2015
Homicide
Attempted Murder
Robbery
Sexual Assault
Sexual Abuse
Aggravated Assault
Assault
Kidnapping
Abduction
Arson
Weapons/Explosives
Break & Enter
Fraud/False Pretences
Theft
Possession Stolen
Property
Property
Damage/Mischief
Prostitution
Gaming/Betting
Public Order Offence
Administration of Justice
Traffic/Import Drugs
Possession of Drugs
CC Motor Vehicle
Offence
Impaired Driving
Forgery/Uttering
Criminal Negligence
0
0
0
0
0
0
7
0
0
0
0
2
0
4
0
0
0
1
0
1
5
0
0
1
0
5
0
8
0
0
0
0
0
0
7
0
0
0
0
4
0
5
0
0
0
2
0
0
9
0
0
0
0
0
2
12
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
20
6
0
40
86
0
0
2
32
44
4
83
0
0
0
5
2
1
28
1
0
1
0
7
1
9
0
0
1
0
0
2
21
0
1
3
0
10
0
24
0
0
0
2
0
1
30
0
0
3
2
1
1
11
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
3
0
1
9
0
0
1
2
5
0
19
0
0
0
4
0
1
14
0
0
0
0
0
0
2
0
0
1
0
0
0
4
0
0
0
0
4
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
23
23
2
47
220
1
1
11
36
82
8
178
1
4
16
5
0
11
32
0
0
7
4
24
2
14
0
2
0
0
0
0
0
0
10
1
0
1
0
0
0
0
2
0
0
16
7
1
2
2
5
0
0
0
0
48
4
24
10
0
0
5
3
2
0
0
106
7
0
0
1
0
2
1
0
0
0
0
0
2
0
0
0
0
0
1
0
0
0
21
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
11
110
22
17
0
0
2
9
1
3
0
0
0
2
0
0
0
0
0
7
2
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
15
0
0
0
0
1
0
1
1
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
17
164
28
31
0
0
1
16
8
4
1
0
0
0
0
0
0
0
13
1
0
1
0
0
3
0
1
0
0
20
2
0
0
0
2
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
0
0
1
0
0
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
9
-
0
0
0
Uttering Threats
1
2
1
3
0
0
0
0
32
6
8
13
0
0
3
0
2
0
0
71
8
Conspiracy
Peace Bond
Breach of Prob/Order
Var.
CC Review Board
Child Pornography
YCJA Transfer
YCJA Review
Appeal
Other
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
4
14
8
4
0
0
0
0
113
4
27
50
0
0
23
5
16
0
0
268
11
0
0
0
0
0
2
0
0
0
0
0
5
0
0
0
0
0
4
0
2
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
6
2
14
0
0
0
0
0
2
0
0
0
3
0
8
0
0
1
0
0
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
1
0
0
0
0
0
0
0
0
0
1
0
2
1
0
0
0
0
0
0
0
0
0
0
0
1
2
1
11
2
42
0
1
0
0
1
6
26
50
33
63
0
0
0
0
719
89
137
143
0
0
94
32
37
1
0
1,424
192
Criminal Youth
Total
72
Provincial Statutes:
Wildlife Act
Motor Vehicle Act
Liquor Control Act
Other
Provincial Total:
Family:
Separation
Divorce
Custody
CFSA
Enforcement
Application to Vary
Family Maintenance
Matrimonial Property
Access
Paternity
Adult Protection
Appeal
Other
Family Total
Civil:
Litigation
Non-Litigation
Admin. Tribunal
Immigration
Review Board
IPTA
Secure Treatment
Adult Protection
POV – CPP
POV – EI
POV – IA
POV – Housing
POV – Other
Appeal
Other
Civil Total
GRAND TOTAL
Private
Lawyer
Staff
Total
NEC
MH
YA
WI
TR
SY
Conflict
SY
DC
SY
NG
KE
HRM
YDC
HAS
HAN
DR-C
DR-F
BW
AT
AR
AM
Number of Full Service Matters Completed
April 1, 2014 to March 31, 2015
0
0
0
0
0
2
14
0
9
25
0
3
1
0
4
0
8
1
2
11
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
6
2
5
13
0
4
0
0
4
0
1
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
1
0
3
0
11
1
3
15
0
3
0
1
4
0
0
0
0
0
0
0
0
0
0
2
52
6
20
80
0
0
0
0
0
12
6
63
13
0
27
11
0
3
0
7
0
5
147
9
17
44
13
0
1
4
2
3
0
9
0
4
106
18
19
37
37
11
31
73
4
10
0
20
2
15
277
43
38
63
24
4
63
50
0
11
2
6
0
4
308
13
29
167
38
2
24
65
2
13
0
34
0
3
390
7
22
78
23
0
2
48
0
9
0
2
0
1
192
30
50
184
68
5
64
62
4
32
2
32
0
7
540
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
19
22
77
36
0
47
12
1
13
3
13
1
2
246
26
5
95
28
2
47
41
3
9
2
18
0
4
280
28
30
165
80
8
23
105
1
24
0
30
0
8
502
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
7
39
30
1
6
17
2
4
1
0
1
2
112
8
14
67
25
1
20
12
6
12
1
21
0
0
187
53
14
57
23
1
14
24
1
13
0
6
0
1
207
35
16
44
20
2
34
33
1
18
2
16
0
3
224
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
4
30
52
1
7
8
1
4
0
0
1
2
111
304
293
1,210
510
38
410
565
28
178
13
214
5
63
3,831
39
87
430
405
7
156
119
12
108
3
8
7
38
1,419
0
0
0
0
0
0
0
0
4
1
8
4
7
0
5
0
0
0
0
0
0
0
0
0
0
3
2
2
0
5
1
0
0
0
0
0
0
0
4
0
2
0
1
0
12
1
0
0
0
0
3
0
0
5
1
3
3
7
0
6
0
0
0
0
0
0
0
0
3
0
4
3
7
0
0
1
0
0
0
0
0
0
0
0
0
0
0
1
0
0
6
1
0
1
0
0
0
0
18
7
78
65
42
0
27
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
5
0
1
1
0
0
0
0
5
0
0
7
1
5
19
8
0
3
0
0
0
0
0
0
0
0
3
0
5
6
5
0
11
1
2
0
1
0
13
0
1
1
1
8
3
6
0
29
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
1
0
0
1
0
0
0
0
6
189
0
0
1
2
2
1
0
5
0
1
0
0
0
0
0
0
5
1
6
9
5
0
23
3
0
0
0
0
3
0
0
3
0
3
8
3
0
6
0
0
0
0
0
84
0
0
0
0
1
0
2
0
0
0
0
0
3
0
0
0
0
0
0
0
0
0
0
1
15
4
0
5
0
114
189
1
54
13
128
124
103
0
134
1
3
0
1
0
0
0
0
0
0
0
0
0
3
44
29
12
20
29
17
2
245
0
6
49
30
66
0
2
207
50
29
87
4
884
52
469
551
664
832
408
1,696
785
2,234
740
908
827
1,911
50
121
945
704
616
522
117
15,100
3,312
73
Reciprocals Received
April 1st to March 31st
2014/2015
2013/2014
Province
Outgoing Incoming
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland
Northwest
Territories
Nunavut
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon
Outside Canada
TOTALS
Total
Outgoing
Incoming
Total
25
5
2
16
5
10
2
3
9
9
35
7
5
25
14
17
4
1
13
9
4
3
0
16
4
21
7
1
29
13
0
0
0
1
0
1
0
34
3
7
3
2
0
102
0
7
0
4
0
0
0
44
0
41
3
11
3
2
0
146
0
21
3
2
1
0
0
72
0
13
0
3
1
0
0
44
0
34
3
5
2
0
0
116
74
STANDING COMMITTEES AS OF MARCH 31, 2015
AUDIT/FINANCE
Donald G. Harding, QC (NSLAC Chair)
Ronald R. Chisholm (Chair)
Fred Colaiacovo, CA
Kathy Isnor
Edward Kirby, CA
Hugh Robichaud
Karen Hudson, QC (Executive Director)
Jennifer Cain, CA (Chief Financial Officer)
OPERATIONS
Donald G. Harding, QC
George Ash
Naiomi Metallic
(NSLAC Chair)
Richard Norman
Karen Hudson, QC (Executive Director)
Joseph Cameron (Internal Operations Director)
(NSLAC Chair)
Linda Tippett-Leary
Karen Hudson, QC (Executive Director)
Peter Mancini, QC (Service Delivery Director)
(NSLAC Chair)
Walter I. Yeadon
Karen Hudson, QC
SERVICE
Donald G. Harding, QC
Frank Gillis, QC
Darlene MacRury
STRATEGIC PLAN
Donald G. Harding, QC
Barbara Darby
Trinda Ernst, QC
75
(Executive Director)
6
1
1
2
1
Total
Articled
Clerks
Social
Worker
MIS
Research
Coordinator
Family
Support
Assistants
Court
Support
Workers
Chief
Financial
Officer
Legal
Assistants
2
Admin.
Support
1
Lawyers
Staff
Directors
Administration
Executive
Director
OFFICE
STAFF DISTRIBUTION AS OF MARCH 31, 2015
14
Amherst
3
3
6
Annapolis Royal
3
2
5
2.5
2
Bridgewater
5
3
Dartmouth-Family
5
3
DartmouthCriminal
6
Halifax South
Antigonish
1
5.5
8
1
10
4
1
11
10
5
1
16
Halifax North
5
5
Kentville
4
3
7
New Glasgow
4
3
7
2.5
2
4.5
11
6
Truro
4
2
6
Windsor
3
2
5
Yarmouth
3
2.6
5.6
10
3
Port Hawkesbury
Sydney
HRM Youth & Duty
Counsel
SAC Duty Counsel
1
11
1
18
3
16
2
Sydney Youth &
Duty Counsel
Sydney Conflict
Mental Health
Legal Services
Social Justice
(Poverty) Law
Services
Northeast Corridor
TOTALS
1
2
3
1
2
6
2
1
3
2
1
3
2
2
2
1
2
94
1
6
3
54.6
1
76
5
3
1
2
1
4
174.6
Aboriginal Justice Initiative
Annual Report
April 1, 2014 to March 31, 2015
Prepared by Cathy Benton,
Managing Lawyer and Staff Lead on the AJI
The last fiscal year of 2014 and 2015 has resulted in a very productive and
successful year for our first ever AJI. We continue to move forward on the
three AJI platforms:
1. Community Consultation
In August of 2014 Karen Hudson, Jennifer Cox and I met with Cheryl
Maloney from the Native Women’s Association, Mary Jane Abram from the
Confederacy of Mainland Mi’kmaq and Pam Glode-Desrochers from the
Mi’kmaq Native Friendship Centre. As a result of that meeting various
community dialogue sessions were arranged by Cheryl Maloney. Karen and I
were invited by Mary Jane Abram to meet with the Chiefs at the Confederacy
of Mainland Mi’kmaq in October of 2014 and Brad Sarson, Andrew Kirk and I
met with the Director of the Mi’kmaq Native Friendship Centre, Pam GlodeDesrochers in November of 2014
In March of 2014 Karen, Jesse Denny, other lawyers from the Sydney office,
and I attended Eskasoni and Membertou to engage in a community dialogue
on the AJI and child welfare matters which included introducing the child
welfare video. Also, in March of 2014 Brad Sarson, Andrew Kirk and I
attended the Friendship Centre and Jennifer Cox, Jillian Allen and I attended
the Millbrook community to engage in community dialogue. I attended the
Medway and Gold River communities along with the Native Council for
Lunenburg County to provide information sessions. In April of 2014 Jennifer
Cox attended the Indian Brook for a community dialogue.
In January of 2015 Karen, Commissioner Naiomi Metallic, Jennifer Cox and I
were invited to attended the Marshall Symposium organized by the Tripartite
Committee and held in the Membertou community. Karen and I were invited
to speak at same with respect to the service provided by NSLA and our AJI.
As of April 1st, 2014 through to including March of 2015, 596 applicants have
self-identified as Aboriginal.
We continue to distribute the brochures
explaining the importance that Applicants for NSLA self-identify as
Aboriginal. We continue to consult and network with Mi’kmaq Legal Support
Network and specifically I have met with Cheryl Fritz who is responsible for
Gladue Reports. We have indicated to MLSN that we would be prepared to
assist in any training with respect to the preparation of Gladue Reports.
77
2. To Cultural Responsiveness and Service Delivery
We are expanding the in and near Aboriginal Community Service Delivery
Initiative. We already provide intake appointments and summary advice
services to the following Aboriginal communities:






Eskasoni
Wagmatcook
We’koqma’q
Chapel Island
Paq’tnkek
Indian Brook
Arrangements are currently underway to have Jennifer Cox attend the
Millbrook community, Darren McLeod to attend the Bear River community,
David Curry Jr. to attend the Acadia Yarmouth community, Jillian Allen to
attend the Cambridge community and Andrew Kirk to attend the Friendship
Centre to provide intake appointments and summary advice on an ongoing
basis. Andrew is already attending the Mi’kmaq Child Development Centre
on a regular basis.
Karen, Jennifer and I attended meetings with the Aboriginal leaders,
Mi’kmaq Family and Children Services, Nova Scotia Barrister’s Society and
the Department of Community Services focusing on how the Child Welfare
system impacts Aboriginal Peoples. We continue to promote and introduce
the Child Welfare video as part of an information tool for parents that may
be involved in the Child Welfare system. Jennifer acted as the parent’s
lawyer in the video.
Jillian Allen and I are working on developing public legal information
specifically in the area of family and criminal law for the Nova Scotia Legal
Aid website.
3. Cultural Competency
At our AGM we were fortunate and honoured to have Chief P.J. Prosper from
the Paq’tnkek community and Joe B. Marshall, Executive Director of the
Union of Nova Scotia Indians along with Dr. Jane McMillian who prepared the
report on the evaluation of the Marshall Recommendations. Our
commissioner, Naiomi Metallic presented on the various governance
structures within the Aboriginal communities. Andrew Kirk provided a family
law update and I provided a AJI update. At our CFSA Professional
Development Day our new Social Worker, Alana Lee along with Article clerk,
Angeline Amaral discussed Child and Family Services matters arising in
Aboriginal communities. At our Criminal Law Professional Day Cheryl Fritz
from MLSN presented on Youth and Gladue Reports.
78
David Curry Jr. presented at the Schulich Law School during law hour. I was
invited by the Provincial Court Judges to speak on sentencing circles at the
Judges Conference. Andrew will be speaking at the next Family Judge
Conference on Aboriginal Child Welfare.
Nova Scotia Legal Aid has an intentional focus on the hiring and retention of
Aboriginal lawyers and staff. I have drafted an Aboriginal Hiring and
Retention Policy for review of the executive and commission. We have six
Aboriginal lawyers, Aboriginal Commissioner, Naiomi Metallic and as of
January 2015 our Native Social Worker, Alana Lee who has been hired to
provide assistance to families involved in the Child Welfare System. Jennifer
Cox has prepared a memo outlining Alana’s role which has been sent to all
Managing Lawyers.
79
GLOSSARY OF TERMS
Advice – Legal counsel provided to people who require only legal advice but no
further legal service.
AM – Amherst Office
After Hours Telephone Duty Counsel - After hours legal advice provided by
lawyers.
AR – Annapolis Royal Office
AT – Antigonish Office
BW – Bridgewater Office
Cells Duty Counsel – Legal representation provided by a Staff Lawyer at the
court. This representation is provided to only those individuals detained in cells.
Certificate – Contract entered into between the Nova Scotia Legal Aid Commission
and a private lawyer to provide legal representation to clients who qualify for Legal
Aid services but cannot be represented by the local Nova Scotia Legal Aid Office due
to conflicts of interest. Nova Scotia Legal Aid continues to give individuals charged
with offences punishable by mandatory life imprisonment (murder) a choice of
defence counsel and this results in Certificates being issued to private lawyers as
well.
CFSA – Children and Family Services Act
CPP – Canada Pension Plan
Dalhousie Legal Aid Service – A Legal Aid Service affiliated with Schulich School
of Law and which receives a grant from the Nova Scotia Legal Aid Commission. The
Dalhousie Legal Aid Service provides services to its clients through its staff lawyers
with the assistance of Schulich School of Law students who are supervised by their
staff lawyers while gaining clinical legal experience. Dalhousie Legal Aid Service
represents a number of clients who have qualified for Legal Aid on application to the
Commission. The Dalhousie Legal Aid Service is compensated for those clients
according to the terms of the Legal Aid Certificate issued in the matter and the
Nova Scotia Legal Aid Tariff.
DR-C – Dartmouth Criminal Office. Please note that some family statistics are
found under DR-C as the family/criminal split did not occur until September 2013.
DR-F – Dartmouth Family Office
EI – Employment Insurance
80
GLOSSARY OF TERMS
Full Service - Full Service matters are all those matters which require a higher
commitment of legal resources than can be serviced as a Summary Service.
HAN – Halifax Agricola Street Office
HAS – Halifax Spring Garden Road Office
HRM YDC – Youth & Duty Counsel Office for the Halifax Regional Municipality
IA – Income Assistance
IPTA – Involuntary Psychiatric Treatment Act
KE - Kentville Office
Matters Completed - Cases which concluded in the fiscal year.
MH – Mental Health Office
Mental Health Legal Services – services provided in the area of Mental Health,
including representation in the Mental Health Court.
NG - New Glasgow Office
Northeast Corridor Office (NEC) – conflict services and Summary Advice
Counsel to Family Courts provided in the Northeast Corridor of the Province.
Pending Decision – Applications for Legal Aid received in the fiscal year for which
a decision has yet to be made.
PH – Port Hawkesbury Office - For the purposes of this Report, caseload statistics
for the PH Office continue to be reported under Antigonish Office.
POV – Poverty law
Private Lawyers - Members of the private Bar representing clients by way of a
Nova Scotia Legal Aid Certificate.
Reciprocal - Outgoing - An application for Legal Aid which is forwarded to another
Province/Territory where the Nova Scotia resident requires legal representation. All
Provinces and Territories, by agreement, participate in this exchange of applications
for Legal Aid.
Rejected Services - Applicants for Nova Scotia Legal Aid who were not provided
with service due to financial ineligibility, lack of merit, or the service requested was
outside of the scope of service.
81
GLOSSARY OF TERMS
SAC Duty Counsel – This is the Summary Advice Counsel (Duty Counsel) provided
by two Staff Lawyers located at the Supreme Court, Family Division locations in
Halifax and Sydney. SAC provide summary advice in family law matters. This
project is an effort to respond to the unmet needs of self-represented family law
litigants for legal advice. Further, it is expected that providing summary legal
advice to self-represented litigants in the Family Division may result in timelier
processing of family law cases involving self-represented litigants. SAC is now
provided Province-wide by Staff Lawyers.
Social Justice – Poverty Law
Staff Lawyers - Lawyers employed by the Nova Scotia Legal Aid Commission.
Staff Duty Counsel - Lawyers employed by the Nova Scotia Legal Aid Commission
who provide legal representation, either by telephone or in person, to people
detained in the Provincial Court Cells or at a police station. The Staff Lawyers also,
on occasion, provide Duty Counsel services to family or civil clients as the situation
may require.
Summary Service - Summary Service matters are those matters which require a
lesser commitment of legal resources and are serviced through advice.
SY - Sydney Office
SY Conflict – Sydney Conflict Office. This office takes conflict files from the main
Sydney Office.
SYDC – Sydney Duty Counsel Office
YA - Yarmouth Office
YCJA - Youth Criminal Justice Act
TR - Truro Office
WI - Windsor Office
82
83
NSLAC 38th Annual Report 2014/2015
Published October 2015
84