Nova Scotia Legal Aid Commission
Thirty-Second Annual Report
2008/2009
TABLE OF CONTENTS
MANDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1
STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
NOVA SCOTIA LEGAL AID COMMISSION CONTACTS . . . . . . . . . . . . . . . . 3
BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
STANDING COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
OFFICE LOCATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
STAFF COMPLEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
EXECUTIVE DIRECTOR'S REPORT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
FINANCIAL ELIGIBILITY TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..13
STATISTICAL TABLES:
 APPLICATIONS RECEIVED BY METHOD OF SERVICE . . . . . . . . . . . .14
 APPLICATIONS RECEIVED BY AREA OF LAW . . . . . . . . . . . . . . . . . 15
 MATTERS COMPLETED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
 MATTERS COMPLETED BY AREA OF LAW . . . . . . . . . . . . . . . . . . . . .17
 NUMBER OF FULL SERVICE MATTERS COMPLETED. . . . . . . . . . . . . .18
(Adult Criminal)
 NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . . 19
(Young Person Criminal)
 NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . 20
(Provincial/Family/Civil)
 CERTIFICATES COMPLETED BY PRIVATE LAWYERS . . . . . . . . . . . . 21
TABLE OF CONTENTS
 AFTER HOURS TELEPHONE DUTY COUNSEL . . . . . . . . . . . . . . . .. 22
 RECIPROCALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
AUDITOR GENERAL: FINANCIAL STATEMENTS . . . . . . . . . . . . . . . . . . .25
DEFINITION OF TERMS AS USED IN ANNUAL REPORT. . . . . . . . . . . . . . 40
MANDATE
The mandate of the Nova Scotia Legal Commission, in so far as
Government funding permits, is:
(a) To deliver quality legal representation 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.
1
2008/2009 NOVA SCOTIA LEGAL AID 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
Chair (1) Directors
(16)
Executive Director
s.14(2)
MANAGEMENT
Appeal
Committee
Executive Director
Executive Committee
Commission
Secretary /
Executive
Assistant
Staff
Directors
(3)
Chief Financial
Officer
Administration
Office (6)
Managing Lawyers
(ML) (14)
SERVICE
Staff Lawyers (81)
(Includes 14 ML)
Legal Assistants (53.8)
Articled Clerks (4)
Certificates
Completed (4,092)
2
Funding to
Dalhousie Legal Aid
Service $69,000
NOVA SCOTIA LEGAL AID COMMISSION
CONTACTS
T. GERARD LUKEMAN, QC
Executive Director
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halifax, NS B3S 1B3
(902) 420-6573
(902) 420-3471 Facsimile
WALTER I. YEADON
Director
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halifax, NS B3S 1B3
(902) 420-6578
(902) 420-3471 Facsimile
ANNE MALICK, QC
Director
Nova Scotia Legal Aid Commission
102-523 Prince Street
Truro, NS B2N 1E8
(902) 893-5920 Truro
(902) 420-6573 Halifax
(902) 893-6112 Facsimile
KAREN HUDSON
Director
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halifax, NS B3K 4E4
(902) 420-6573
(902) 420-2873 Facsimile
JENNIFER CAIN, CA
Chief Financial Officer
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halifax, NS B3S 1B3
(902) 420-6594
(902) 420-3471 Facsimile
3
NOVA SCOTIA LEGAL AID COMMISSION
BOARD OF DIRECTORS AS OF MARCH 31, 2009
Name
Location
Term Expires
Representing
Vincent B. MacDonald
Halifax
October 29, 2010
Justice
Shanta Dhir
Truro
October 29, 2010
Justice
Linda Tippett-Leary
Halifax
November 20, 2010
Bar Society
Frank Gillis, QC
Glace Bay
December 17, 2010
Justice
Hugh Robichaud
Meteghan
June 2, 2011
Bar Society
Darlene MacRury
Glace Bay
June 2, 2011
Bar Society
Shelburne
March 29, 2012
Justice
James Chipman, QC
Halifax
March 29, 2012
Justice
Frank E. DeMont
New Glasgow
March 29, 2012
Bar Society
Christopher Manning
Kentville
March 29, 2012
Bar Society
Ronald R. Chisholm
Truro
March 29, 2012
Bar Society
Patrick J. Murray, QC
Sydney
April 27, 2012
Justice
Trinda Ernst, QC
Kentville
June 21, 2012
Bar Society
Clarence Guest
Halifax
-
Public Service
Lynn C. Hartwell
Halifax
-
Public Service
Donald G. Harding, QC
Vacancy
Vacancy
(Chair)
-
4
-
Justice
-
Justice
STANDING COMMITTEES AS OF MARCH 31, 2009
APPEAL
James Chipman, QC
Frank DeMont
Shanta Dhir
Vincent B. MacDonald
Christopher Manning
Darlene MacRury
Hugh Robichaud
Linda Tippett-Leary
BUDGET
Donald G. Harding, QC (Chair)
Clarence Guest
Patrick J. Murray, QC
T. Gerard Lukeman, QC (Executive Director)
Walter I. Yeadon (Director)
Anne Malick, QC (Director)
Karen Hudson (Director)
R. Gordon Murray, QC
Resource – Jennifer Cain, CA
(Chief Financial Officer)
EXECUTIVE
Donald G. Harding, QC (Chair)
T. Gerard Lukeman, QC (Executive Director)
Walter I. Yeadon (Director)
Anne Malick, QC (Director)
Karen Hudson (Director)
ELIGIBILITY REVIEW COMMITTEE
Frank G. Gillis, QC
Lynn C. Hartwell
Linda Tippett-Leary
Trinda Ernst, QC
Executive Committee Members
5
R. Gordon Murray, QC
Resource – Jennifer Cain, CA
(Chief Financial Officer)
Resource – Lisa Stokkeskog
(Commission Secretary)
SERVICE OFFICE LOCATIONS AS OF OCTOBER 1, 2009
Nova Scotia Legal Aid
P.O. Box 262
55 Church Street
AMHERST, NS B4H 3Z2
902-667-7544
1-866-999-7544 Toll Free
902-667-0030 Fax
Nova Scotia Legal Aid
400-5475 Spring Garden Rd.
HALIFAX, NS B3K 4E4
(Adult Criminal)
902-420-6583
1-877-777-6583 Toll Free
902-420-1260 Fax
SYDNEY DUTY COUNSEL
Nova Scotia Legal Aid
402-15 Dorchester Street
Sydney, NS B1P 5Y9
902-539-7026
902-539-3058 Fax
Nova Scotia Legal Aid
P.O. Box 188,
56 St. Anthony Street
ANNAPOLIS ROYAL, NS
B0S 1A0
902-532-2311
1-866-532-2311 Toll Free
902-532-7488 Fax
HRM YOUTH AND DUTY
COUNSEL
Nova Scotia Legal Aid
401-5475 Spring Garden Rd.
Halifax, NS B3J 3T2
902-420-7800
902-428-5736 Fax
Nova Scotia Legal Aid
102-523 Prince Street
TRURO, NS B2N 1E8
902-893-5920
1-877-777-5920 Toll Free
902-893-6112 Fax
Nova Scotia Legal Aid
70 West Street, Suite 2
ANTIGONISH, NS
B2G 2X7
902-863-3350
1-866-439-1544 Toll Free
902-863-7598 Fax
Nova Scotia Legal Aid
325 Main Street, Salon B
KENTVILLE, NS B4N 1K5
902-679-6110
1-866-679-6110 Toll Free
902-679-6177 Fax
Nova Scotia Legal Aid
P.O. Box 760
151 Wentworth Rd., Suite 2
WINDSOR, NS B0N 2T0
902-798-8397
1-866-798-8397 Toll Free
902-798-8345 Fax
Nova Scotia Legal Aid
202-141 High Street
BRIDGEWATER, NS
B4V 1W2
902-543-4658
1-866-543-4658 Toll Free
902-543-3044 Fax
LIVERPOOL 902-354-3215
Nova Scotia Legal Aid
116 George Street
NEW GLASGOW, NS
B2H 2K6
902-755-7020
1-877-755-7020 Toll Free
902-752-8733 Fax
Nova Scotia Legal Aid
P.O. Box 163
204-164 Main Street
YARMOUTH, NS B5A 4B2
902-742-0676
1-866-742-3300 Toll Free
902-742-0676 Fax
Nova Scotia Legal Aid
300-99 Wyse Road
DARTMOUTH, NS
B3A 4S5
902-420-8815
1-877-420-8818 Toll Free
902-420-6562 Fax
Nova Scotia Legal Aid
302-15 Kennedy Street
*PORT HAWKESBURY, NS
B9A 2Y1
902-625-4047
1-888-817-0116 Toll Free
902-625-5216 Fax
SUPREME COURT FAMILY
DIVISION DUTY COUNSEL
3380 Devonshire Avenue
P.O. Box 8988, Stn. "A"
HALIFAX, NS B3K 5M6
902-424-5616
902-424-0562 Fax
Nova Scotia Legal Aid
2830 Agricola Street
HALIFAX, NS
B3K 4E4 (Family)
902-420-3450
1-866-420-3450 Toll Free
902-420-2873 Fax
Nova Scotia Legal Aid
401-15 Dorchester Street
SYDNEY, NS B1P 5Y9
902-563-2295
1-877-563-2295 Toll Free
902-539-0489 Fax
SUPREME COURT FAMILY
DIVISION DUTY COUNSEL
136 Charlotte St., Main Level
SYDNEY, NS B1P 1C3
902-563-2200
902-563-2224 Fax
*In this Report, caseload statistics for Port Hawkesbury are reported under Antigonish.
6
Administration
1
2
5
1
Total
Articled
Clerks
MIS
Research
1
Coordinator
Court
Support
Workers
Prison
Liaison
Officer
Chief
Financial
Legal
Assistants
Admin.
Support
Lawyers
Staff
Directors
Executive
Director
OFFICE
NSLA STAFF COMPLEMENT AS OF MARCH 31, 2009
11
1
Amherst
3
3
Annapolis
Royal
3
2
Antigonish
2.5
2.6
4
3
1
8
Dartmouth
10
7
1
18
Halifax South
10
5
1
16
Halifax North
7
5
12
Kentville
4
3
7
New Glasgow
4
3
7
Port
Hawkesbury
2.5
2
4,5
Sydney
10
6
16
3
3
7
Windsor
3
2
5
Yarmouth
3
2.6
5.6
7
3
Bridgewater
Truro
1
HRM Youth &
Duty Counsel
SAC Duty
Counsel
Sydney Youth
& Duty
Counsel
Mental Health
Legal Services
TOTALS
1
7
5
5.1
1
1
12
2
2
2
1.6
2
5.6
1
1
3
81
1
5
53.8
1
7
1
3
1
1
4
154.8
EXECUTIVE DIRECTOR'S REPORT
It is my pleasure to present the Thirty-Second Annual Report of the Nova Scotia Legal Aid
Commission. Our work continues as we fulfil our role which helps ensure that Nova Scotia
has a justice system of which we all can be proud.
The Commission and its staff continue to make changes to improve the Legal Aid Program
always with a view of improving access to justice for our clients.
Bridgewater and Annapolis Royal Office Moves
During this year, we have continued to work on new office space for both our Bridgewater
and Annapolis Royal Offices.
Construction is underway on our new Bridgewater location which is part of the new Justice
Center being built in Bridgewater. With our premises to be located close to both the courts
and the Prosecution Service offices, we expect that this will benefit our staff by reducing
travel time. We expect to be in our new Bridgewater premises by July 2009.
We have also continued to search for new premises for Annapolis Royal which has been
problematic as there is little suitable space available in that small town. However, in the
latter part of this year we are negotiating with an individual to have new premises built in
Annapolis Royal on vacant land. The location is easily accessible by clients who may have
to travel to our office by the local bus service. We hope that construction will begin late
Spring with occupancy to occur before October 2009.
We are proud at Administration of the improvements that we have been able to deliver to
our staff thereby improving their day-to-day work life. Our past experience tells us that our
clients are particularly pleased when they see their legal aid team in modern premises – it
makes them feel that they are respected by the justice system.
Poverty/Administrative Law Services
During this year, a Poverty Law Committee was struck consisting of staff and one member
from the board of the Commission. The purpose of the Committee is to consider expanded
service delivery in this area of law and to provide guidance on appropriate test cases that
involve issues arising for people in poverty.
Our plans for the future will include an effort to provide summary legal advice Province-wide
on issues of Income Support, Employment Insurance, Canada Pension Plan, and Residential
Tenancies.
8
Mental Health Court
During this year, we were invited to participate in the planning for a Mental Health court to
be set up in Halifax Regional Municipality (HRM). Staff has attended both steering
committee and numerous working group sessions during the year.
Legal Aid will have a significant role in the Mental Health Court itself once it is in operation
as we will be providing dedicated Duty Counsel for all sittings of the Mental Health Court.
During this year, we hired a new Staff Lawyer who will be the Duty Counsel at the Mental
Health Court. This has enabled the Duty Counsel lawyer to be involved in the planning for
and setup of the Mental Health Court project
We are pleased to say we are ready to respond to citizens who are to appear in the Mental
Health Court to ensure that they have proper legal representation.
Continuing Legal Education
The Commission acknowledges that it needs to assist our Staff Lawyers in their
responsibility to keep abreast of developments in the law related to their practice areas.
During this year, the Commission supported twenty-six Staff Lawyers to attend the National
Criminal Law Program and eighteen Staff Lawyers to attend the National Family Law
Program. These continuing education programs are recognized nationally as being excellent
opportunities for lawyers to keep current with the law in the areas of family and criminal
law.
During this year, we also continued our in-house, one-day education program on child
welfare litigation. This year, we expanded the program by inviting a number of private bar
lawyers who take on legal aid clients on Certificate to join us for the day. We also extended
the same invitation to the other Maritime Provinces’ legal aid plans.
French-Language Services Act
The Commission this year joined with the Nova Scotia Department of Justice in preparing a
common French language services plan for the justice system.
Our goal is to be able to offer to legal aid clients a reasonable level of legal aid services to
French-speaking citizens of Nova Scotia.
To that end, we have this year sent staff to the Université de Moncton Law School as a
recruitment effort for Articled Clerks. Interviews were carried out so as to have fully
bilingual graduates consider employment with the Commission as Articled Clerks. It is our
hope that such recruiting will lead to Articled Clerks who decide to take employment as a
Staff Lawyer when admitted to the Nova Scotia Bar.
9
For the few bilingual staff that we already have, we have offered French legal terminology
training through the Université Sainte-Anne. We also have continued meeting with
L’Association Des Juristes D’Expression Française De La Nouvelle Écosse to ensure that we
can receive input from the community as to how we may better serve the needs of Frenchspeaking Nova Scotians.
The John Tait Award of Excellence
It was with great pleasure this year that we celebrated the well-deserved recognition
bestowed upon Vincent Calderhead, a Staff Lawyer with our Halifax North Office. The
Canadian Bar Association chose Mr. Calderhead to be this year’s recipient of the Award
which is presented each year “to a public sector lawyer who has achieved the highest
standards of professional conduct and competence and has made significant contributions to
social justice or community affairs, and who exemplifies preeminent public service”.
Legal Aid Services Provided
The Commission had 38,520 requests for Legal Aid in the year 2008/2009. Of those, 2,693
requests were rejected as being ineligible for Legal Aid. At the year end, 209 individuals
were in the process of having their eligibility determined and so are recorded as “Pending
Decision”. In the remaining 36,618 requests, the Commission provided these individuals
with legal aid services.
These 35,618 services were provided in the following areas of law:
 we provided 23,583 services to adult individuals facing criminal charges;
 we provided 4,035 services to young persons (aged 12 to 17 inclusive) facing
criminal charges;
 we provided individuals facing charges under Provincial Statutes with 8 services.
We rarely provide services for provincial offences except when incarceration is a
possibility or the particular circumstances of the individual necessitate such
representation;
 we provided 7,164 services to individuals facing family law problems with a priority
being placed on child protection matters and custody disputes; and,
 we provided 640 services to individuals with a variety of civil legal issues.
 with our After Hours Telephone Duty Counsel Service, there were 188 callers for
whom information as to whether it was a young person or an adult calling was not
collected.
For more details, I would refer you to the information charts provided later in this Annual
Report.
10
In Closing
During this year, we said goodbye to four staff members on the occasion of their
retirement.
Nora Searles served as our Financial Services Officer in our Administration Office and retired
on May 31st, 2008 after 23 years, 11 months of service. David Campbell, QC, Staff Lawyer
in our Sydney Office, retired on July 31st, 2008 after 12 years, 1 month of service. Joan
Jones, who worked in our Halifax North Office as a Community Worker and, latterly, in our
HRM Youth and Duty Counsel Office as a Youth Court Support Worker, retired on August
31st, 2008 after 21 years, 8 months of service (including time with the Metro Community
Law Clinic). Shirley MacKay, Legal Assistant with our Sydney Office, retired on September
30th, 2008, after 23 years, 8 months of service.
To these individuals, we express our gratitude for the contributions they have made to the
development and operation of Nova Scotia’s Legal Aid Program. Our best wishes for good
health and happiness go with them as they enter upon the next chapter in their lives.
During the next fiscal year, I will be retiring from my role as Executive Director and so this
will be my last Annual Report.
To the staff in the field who deliver the legal aid program to our clients, I commend you for
your decision to build a career dedicated to ensuring that our fellow citizens living in poverty
will have able and effective legal representation. I wish you all the best in your careers and
much happiness in your lives. Those of us that have worked for legal aid know that it is the
support and friendship of our fellow employees as we work in sometimes difficult
circumstances that makes Legal Aid such a great place to work!
Also, I would extend to the Commission members, current Commission Chair, Donald G.
Harding, QC, and past Chair, The Honourable Justice Glen G. McDougall, my thanks for the
support you have shown to me in my role as Executive Director, but most of all, for the
support you have shown for Legal Aid – this speaks very loudly to your personal belief in
fairness and justice.
I also want to express to my co-workers, past and present, in Administration my deep
appreciation for all the support you have given me in my time as Executive Director. Your
wise counsel and friendship enabled us together to deliver a legal aid program that should
instill pride in all of us.
To my Executive Assistant, Lisa Stokkeskog, a person possessing tremendous organizational
skills, a memory par excellence and who is an extremely capable and hard-working
individual, thank you for all your support. I truly appreciate all the times you were there for
me and our Legal Aid Program when extra efforts beyond the day-to-day routine were
required.
11
While next year will be a time of change in Legal Aid, with the team that is in place, I am
certain that the transition in leadership will go well.
Thank you!
T. Gerard Lukeman, QC,
Executive Director
12
NOVA SCOTIA LEGAL AID COMMISSION
FINANCIAL 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
GROSS
MONTHLY
INCOME
HOUSEHOLD
GROSS
MONTHLY
INCOME
One Adult
$1067.00
Two Adults
$1424.00
and 1 Child
$1416.00
and 1 Child
$1708.00
and 2 Children
$1700.00
and 2 Children
$1932.00
and 3 Children
$1924.00
and 3 Children
$2156.00
and 4 Children
$2148.00
and 4 Children
$2380.00
and 5 Children
$2372.00
and 5 Children
$2604.00
and 6 Children
$2596.00
and 6 Children
$2828.00
and 7 Children
$2820.00
and 7 Children
$3052.00
13
Applications Received by Method of Service
April 1, 2008 to March 31, 2009
Disposition
Full Service:
Staff Lawyers
Private Lawyers
Full Service
Reciprocals – Outgoing
2008/2009 2007/2008
13,568
4,779
18,347
Change
13,412
156
3,902
877
17,314 1,033
1.2%
22.5%
6.0%
68
56
12
21.4%
992
935
57
6.1%
Duty Counsel:
Staff
Cells
Non-Custodial
SAC
Business Hours Telephone
After Hours Telephone
Weekend Bail Court
Duty Counsel
168
5,279
2,363
1,373
1,424
5,481
123
16,211
155
5,612
1,843
1,528
1,395
5,431
n/a
15,964
13
(333)
520
(155)
29
50
n/a
247
8.4%
-5.9%
28.2%
-10.1%
2.1%
0.9%
n/a
1.5%
Accepted Applications
Rejected Applications
Pending Decision
GRAND TOTAL
35,618
2,693
209
38,520
34,269 1,349
3.9%
2,608
85
3.3%
271
(62) -22.9%
37,148 1,372
3.7%
Summary Service
14
Full Service:
Staff Lawyers
Private Lawyers
Full Service
Reciprocals
Outgoing
Summary
Service
Duty Counsel:
Staff
Cells
Non-Custodial
SAC
Business Hours
Telephone
After Hours
Telephone
Weekend Bail
Court
Duty Counsel
Accepted
Applications
Rejected
Applications
Pending Decision
GRAND TOTAL
Percent
%
Total
Provincial
Statutes
Civil
Family
Criminal
Age n/a
Criminal
Youth
Disposition
Criminal
Adult
Applications Received by Area of Law
April 1, 2008 to March 31, 2009
8,032
2,226
10,258
2,023
343
2,366
0
0
0
3,143
2,048
5,191
365
162
527
5
0
5
13,568
4,779
18,347
35.2%
12.4%
47.6%
0
0
0
67
1
0
68
0.2%
331
14
0
532
112
3
992
2.6%
154
4,592
2,249
0
1,262
13
687
114
0
162
0
0
0
0
0
1
0
0
1,373
0
0
0
0
0
0
0
0
0
0
0
168
5,279
2,363
1,373
1,424
0.4%
13.7%
6.1%
3.6%
3.7%
4,623
670
188
0
0
0
5,481
14.2%
114
9
0
0
0
0
123
0.3%
12,994
23,583
1,655
4,035
188
188
1,374
7,164
0
640
0
8
16,211
35,618
42.1%
92.5%
1,270
20
0
1,246
132
25
2,693
7.0%
130
24,983
64.9%
4
4,059
10.5%
1
0
209
773
33
38,520
2.0% 0.1% 100.0%
0.5%
100.0%
0
74
188
8,484
0.5% 22.0%
15
Matters Completed
April 1, 2008 to March 31, 2009 with Comparative
Disposition
Full Service:
Staff Lawyers
Private Lawyers
Full Service
2008/2009 2007/2008
13,179
4,092
17,271
Reciprocals – Outgoing
Summary Service
Change
13,495 -316
3,387 705
16,882 389
68
56
1,062
988
-2.3%
20.8%
2.3%
12 21.4%
74
7.5%
Duty Counsel:
Staff
Cells
Non-Custodial
SAC
Business Hours Telephone
After Hours Telephone
Weekend Bail Court
Duty Counsel
165
5,279
2,363
1,373
1,424
5,481
123
16,208
154
11
7.1%
5,612 -333
-5.9%
1,843 520 28.2%
1,528 -155 -10.1%
1,395
29
2.1%
5,431
50
0.9%
n/a
n/a
n/a
15,963 245
1.5%
Accepted Applications
Rejected Applications
GRAND TOTAL
34,609
2,696
37,305
33,889
2,649
36,538
16
720
47
767
2.1%
1.8%
2.1%
Summary Service
Duty Counsel:
Staff
Cells
Non-Custodial
SAC
Business Hours
Telephone
After Hours
Telephone
Weekend Bail Court
Duty Counsel
Accepted
Applications
Rejected
Applications
GRAND TOTAL
Percent
Provincial
Statutes
Family
Criminal
Age n/a
7,664
1,783
9,447
2,042
340
2,382
0
0
0
3,104
1,881
4,985
363
88
451
6
0
6
13,179
4,092
17,271
35.3%
11.0%
46.3%
0
0
0
67
1
0
68
0.2%
348
18
0
579
114
3
1,062
2.8%
151
4,592
2,249
0
1,262
13
687
114
0
162
0
0
0
0
0
1
0
0
1,373
0
0
0
0
0
0
0
0
0
0
0
165
5,279
2,363
1,373
1,424
0.4%
14.2%
6.3%
3.7%
3.8%
4,623
670
188
0
0
0
5,481
14.7%
114
12,991
22,786
9
1,655
4,055
0
188
188
0
1,374
7,005
0
0
566
0
0
9
123
16,208
34,609
0.3%
43.4%
92.8%
1,281
19
0
1,239
132
25
2,696
7.2%
24,067
64.5%
4,074
10.9%
188
0.5%
8,244
22.1%
698
1.9%
34
0.1%
37,305
100%
100%
17
Civil
%
Reciprocals
Outgoing
Total
Full Service:
Staff Lawyers
Private Lawyers
Full Service
Criminal
Youth
Disposition
Criminal
Adult
Matters Completed by Area of Law
April 1, 2008 to March 31, 2009
DR
HRM
YDC
KE
NG
SY
SY
DC
TR
WI
YA
Staff
Total
Private
Lawyer
2
6
72
7
16
7
19
10
11
2
6
9
10
16
3
16
3
60
1
4
75
3
1
20
5
23
7
6
5
4
10
3
34
1
18
89
2
5
1
66
5
8
10
11
41
11
9
3
12
22
25
4
20
1
19
80
17
8
25
203
2
19
51
27
181
18
29
6
21
70
25
34
10
25
50
295
1
-
3
64
20
2
66
400
2
2
49
58
75
453
17
49
24
9
12
89
61
69
21
2
134
1
464
1
2
16
9
87
1
10
23
10
62
10
18
4
15
15
8
31
3
20
117
4
1
6
63
4
9
11
45
3
19
15
13
1
16
1
10
74
3
8
12
16
185
1
4
15
53
27
156
22
56
1
5
52
46
25
12
39
4
1
56
1
256
-
1
1
8
4
1
27
40
1
5
9
11
49
6
9
1
6
47
16
11
14
11
12
37
3
2
5
91
1
4
25
17
31
8
23
2
66
7
7
14
40
11
1
44
2
3
6
32
3
4
7
8
18
11
6
7
2
9
4
26
4
7
112
81
5
162
1,358
3
24
131
298
216
1,104
114
248
32
51
288
252
225
152
272
14
3
360
1
5
1,561
18
12
69
63
2
81
445
0
0
8
43
158
41
128
26
34
3
0
3
21
115
11
4
12
2
0
124
2
0
226
4
13
208
1
28
304
45
354
20
375
25
1,141
1
9
128
2,283
1
3
12
476
34
329
1
22
1,079
-
16
1
168
512
32
434
19
167
16
19
546
7,664
28
104
1,783
HAS
BW
2
2
1
44
2
5
17
6
26
2
8
3
20
1
8
5
10
1
10
18
HAN
AT
Homicide
Attempted Murder
Robbery
Sexual Assault
Sexual Abuse
Aggravated Assault
Assault
Kidnapping
Abduction
Arson
Weapons/Explosives
Break & Enter
Fraud/False Pretences
Theft
Possession of 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
Appeal
Other
Criminal Adult Total
AR
CRIMINAL ADULT
AM
Number of Full Service Matters Completed
April 1, 2008 to March 31, 2009
18
1
1
2
2
33
1
11
25
2
9
1
4
1
1
7
1
42
5
149
1
3
1
14
6
1
13
3
2
2
3
3
35
2
89
3
2
1
32
3
23
24
6
43
6
46
2
1
14
86
2
294
19
2
2
1
1
5
10
1
6
8
1
4
5
3
1
4
11
1
5
3
70
1
2
11
4
2
11
1
6
2
12
3
12
1
1
2
18
2
1
92
1
3
9
1
1
7
1
6
1
5
2
2
13
1
3
56
1
53
21
3
105
250
1
13
36
154
11
271
35
183
49
92
25
53
10
7
2
82
1
476
1
18
5
84
2,042
Private
Lawyer
1
43
8
92
98
1
3
24
65
7
148
16
72
32
24
14
27
7
3
40
187
4
5
43
964
Staff
Total
SY
1
1
1
2
3
8
YA
NG
1
1
1
1
1
1
6
WI
KE
1
2
1
2
6
TR
HRM
YDC
1
1
2
13
2
1
11
1
18
1
15
5
1
3
2
1
1
28
5
6
118
SY
DC
HAS
AT
1
16
2
3
5
5
1
2
2
1
1
2
22
4
67
HAN
1
4
1
1
6
7
6
2
3
1
2
3
13
3
53
DR
10
1
4
9
3
8
3
4
3
17
1
5
68
BW
Homicide
Attempted Murder
Robbery
Sexual Assault
Sexual Abuse
Aggravated Assault
Assault
Kidnapping
Abduction
Arson
Weapons/Explosives
Break & Enter
Fraud/False Pretences
Theft
Possession of 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 Prob./ Order Var.
CC Review Board
YCJA Transfer
YCJA Review
Appeal
Other
Criminal Youth Total
AR
CRIMINAL YOUTH
AM
Number of Full Service Matters Completed
April 1, 2008 to March 31, 2009
0
0
41
3
0
18
61
0
0
8
7
46
0
39
7
19
0
0
21
3
1
4
1
0
0
0
5
0
0
42
0
2
1
11
340
Provincial:
Wildlife Act
Motor Vehicle Act
Liquor Control Act
Appeal
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
Appeal
Other
Civil Total
GRAND TOTAL
Lawyer
Private
Staff
Total
YA
WI
TR
SY
DC
SY
NG
KE
HRM
YDC
HAS
HAN
DR
BW
AT
AR
AM
Number of Full Service Matters Completed
April 1, 2008 to March 31, 2009
-
-
1
1
-
-
-
-
1
1
-
-
1
1
1
3
-
-
1
1
-
3
2
1
6
-
5
12
49
7
1
18
6
1
2
1
2
1
1
106
19
28
73
19
3
5
29
1
15
1
8
3
204
14
30
36
14
5
27
44
3
6
1
12
6198
33
30
47
13
5
46
49
1
13
2
3
242
12
35
147
40
15
50
1
16
2
14
1
333
29
28
190
50
2
27
63
1
28
32
13
463
-
1
1
2
16
28
77
12
9
55
2
28
3
13
243
34
46
55
16
6
49
32
7
7
1
7
2
6
268
29
99
148
29
58
77
1
22
1
28
4
496
-
4
9
25
34
3
30
28
16
25
3
16
1
194
28
18
48
20
10
15
5
4
4
152
20
33
57
6
2
15
47
17
1
2
3
203
243
396
952
260
27
309
496
34
184
16
141
3
43
3,104
36
245
483
414
6
195
183
13
186
8
15
9
88
1,881
3
1
4
386
1
1
562
3
9
2
15
29
649
1
1
1
3
738
2
4
1
2
9
1,489
11
10
4
17
4
46
516
2,291
968
3
4
7
875
1
1
2
4
690
2
2
4
1,876
2
36
180
216
992
1
1
30
32
711
1
1
1
2
3
8
434
16
23
11
62
180
4
3
64
363
13,179
5
4
2
0
1
3
7
66
88
4,092
20
21
Total
60
43
67
106
265
311
1
0
99
85
552
92
61
139
0
1,881
46.0%
2
0
2
4
11
6
0
0
5
8
33
1
7
9
0
88
2.2%
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0.0%
148
78
184
166
728
317
157
166
183
145
1,217
215
116
272
0
4,092
100.0%
%
Provincial
Statutes
15
0
26
8
2
0
2
164
10
0
79
11
2
21
0
340
8.3%
Civil
71
35
89
48
450
0
154
2
69
52
553
111
46
103
0
1,783
43.6%
Family
Amherst
Annapolis Royal
Antigonish
Bridgewater
Dartmouth
Halifax North
Halifax South
HRM YDC
Kentville
New Glasgow
Sydney
Truro
Windsor
Yarmouth
Administration
TOTAL
Percent
Criminal
Youth
Office
Criminal
Adult
Certificates Completed by Private Lawyers
April 1, 2008 to March 31, 2009
3.6%
1.9%
4.5%
4.1%
17.8%
7.7%
3.8%
4.1%
4.5%
3.5%
29.7%
5.3%
2.8%
6.6%
0.0%
100.0%
After Hours Telephone Duty Counsel
April 1, 2008 to March 31, 2009
Month
Criminal
Adult
April
May
June
July
August
September
October
November
December
January
February
March
TOTAL
Criminal
Youth
Unknown
65
68
72
55
56
50
68
48
49
43
38
58
670
30
18
21
19
15
6
9
8
5
14
14
29
188
376
414
386
459
476
342
396
397
341
380
328
328
4,623
Total
471
500
479
533
547
398
473
453
395
437
380
415
5,481
Nova Scotia Legal Aid Commission
After Hours Telephone Duty Counsel Calls
From Apr-01-08 to Mar-31-09
188
3%
670
12%
Adult
Youth
N/A
4,623
85%
22
Nova Scotia Legal Aid Commission
After Hours Telephone Duty Counsel Calls
From Apr-01-08 to Mar-31-09
600
547
533
500
500
479
471
473
453
437
398
380
300
200
100
23
ch
M
ar
y
ru
ar
Fe
b
ry
nu
a
Ja
be
r
ec
em
D
N
ov
em
be
r
r
ob
e
O
ct
r
pt
em
be
t
Se
gu
s
Au
ly
Ju
ne
Ju
ay
M
ril
0
Ap
Volume
415
395
400
Reciprocals
April 1, 2008 to March 31, 2009
2008/2009
2007/2008
Province
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland
Northwest
Territories
Nunavut
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon
Outside Canada
TOTALS
Outgoing
Incoming
Total
Outgoing
Incoming
Total
17
3
0
10
2
12
8
1
4
4
29
11
1
14
6
14
2
0
4
9
5
3
2
8
2
19
5
2
12
11
0
1
1
0
1
1
1
27
2
4
2
0
0
68
0
13
1
3
0
0
0
47
1
40
3
7
2
0
0
115
0
23
2
2
0
0
0
56
0
10
0
4
2
0
0
37
0
33
2
6
2
0
0
93
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
DEFINITION 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.
Applications Pending Decision as to Service – Applications for Legal Aid
received in the fiscal year for which a decision has yet to be made.
Applications Received by Method of Service – Applications for Legal Aid
received in the fiscal year and how those applications were dealt with.
AR – Annapolis Royal Office
AT – Antigonish Office
BW – Bridgewater Office
Cells Duty Counsel – Legal representation provided by a staff lawyer at the
Halifax and Sydney Provincial Court locations. This service is also provided at
the Dartmouth Provincial Court location with a contract lawyer.
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
Dalhousie Legal Aid Service – A Legal Aid Service affiliated with Dalhousie
Law School 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 Dalhousie Law School 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
40
DEFINITION OF TERMS
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 – Dartmouth Office
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
IPTA – Involuntary Psychiatric Treatment Act. (Note: this legislation came
into effect in July 2007. Matters reported in previous years as “Review Board”
are now reported under IPTA).
KE - Kentville Office
Matters Completed - Cases which concluded in the fiscal year.
NG - New Glasgow Office
PH – Port Hawkesbury Office - Please note that for the purposes of this Annual
Report, case load statistics for the Port Hawkesbury Office continue to be
reported under the Antigonish Office
Private Lawyers - Members of the private Bar representing clients by way of a
Nova Scotia Legal Aid Certificate.
(r) – Revised
Reciprocal - Outgoing - An application for Legal Aid which is forwarded to
another province where the Nova Scotia resident requires legal representation.
All provinces and territories, by agreement, participate in this exchange of
applications for Legal Aid.
Rejected Applications - 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.
41
DEFINITION 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. This SAC program is a project partially funded
from Commission resources and by the Federal and Provincial Governments by
way of project funding. The SAC counsel provided summary advice in family
law matters. This project is an effort to respond to the unmet needs of selfrepresented 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 selfrepresented litigants.
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
SYDC – Sydney Duty Counsel Office
TR - Truro Office
WI - Windsor Office
YA - Yarmouth Office
YCJA - Youth Criminal Justice Act
42
Printed October 2009