Nova Scotia Legal Aid Commission 2012/2013 Annual Report TABLE OF CONTENTS MESSAGE FROM THE CHAIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 EXECUTIVE DIRECTOR'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 COMMISSION MANDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 NSLA COMMISSION STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 MANAGEMENT TEAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SERVICE OFFICE LOCATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ACCEPTED SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ACCEPTED SERVICES & TYPE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . 13 SERVICES RECEIVED BY AREA OF LAW . . . . . . . . . . . . . . . . . . . . . . . . 14 FULL SERVICE REPRESENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 CERTIFICATES ISSUED TO 217 PRIVATE LAWYERS . . . . . . . . . . . . . . . . 16 AFTER HOURS TELEPHONE DUTY COUNSEL . . . . . . . . . . . . . . . . . . . . . 17 FINANCIAL ELIGIBILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 AUDITED FINANCIAL STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDICES: NUMBER OF FULL SERVICE MATTERS COMPLETED. . . . . . . . . . . . 37 (Adult Criminal) NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . . 38 (Youth Criminal) NUMBER OF FULL SERVICE MATTERS COMPLETED . . . . . . . . . . . . 39 (Provincial/Family/Civil) TABLE OF CONTENTS RECIPROCALS RECEIVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 STANDING COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 STAFF DISTRIBUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PUBLIC INTEREST DISCLOSURE OF WRONDONG ACT REPORT FOR 2012/2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 GLOSSARY OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 MESSAGE FROM THE CHAIR On behalf of the Nova Scotia Legal Aid Commission, I am pleased to present the 2012/2013 Annual Report. Nova Scotia Legal Aid has completed another successful year. In times of fiscal challenges the Commission has taken the opportunity to re-evaluate what it does and how it does it. The purpose of this exercise is to improve the services that Legal Aid provides to Nova Scotians in need. The complete staff has been fully invested in a process of better accounting for the time and resources spent by Legal Aid. This process has, in turn, provided management with the critical information necessary to better direct the organization toward the priorities which have been identified as the raison d’etre. In tandem with the drive to improve the accounting has been an allencompassing, strategic planning exercise. With the remarkable volunteer assistance of Legal Aid Ontario, the entire staff has been fully engaged in a strategic planning process. The entire staff and Commission have helped to create the plan and that, in itself, helps build the momentum that will carry the organization forward for the next three years. Implementation is planned for fiscal year 2013/2014 and should ensure that the NSLA Commission continues to be an even larger part of access to justice issues. In addition to the development of a Strategic Plan, the Commission Directors have begun the process of Board renewal. This process is something that has been board driven and has the goal of better engaging and utilizing the exceptional skills and talents of the Directors who make up the Nova Scotia Legal Aid Commission. The Commission Directors are, to a large extent, volunteers who are legally charged with the responsibility “for all matters relating to legal aid in the Province.” The Directors have undertaken the process of Board renewal with enthusiasm and, as a result, the upcoming year promises to be both challenging and rewarding. For all the reasons above I continue to be proud to be part of Nova Scotia Legal Aid and to be privileged to submit and endorse this Annual Report for public consideration. Donald G. Harding, QC Chair, Nova Scotia Legal Aid Commission 1 EXECUTIVE DIRECTOR'S REPORT 2012/2013 Legal Aid – Part of the Solution Legal Aid is key to making justice possible. I am pleased to present a report which highlights the essential role of the Nova Scotia Legal Aid Commission in realizing the goal of accessible justice for all Nova Scotians. Service Delivery and Fiscal Realities Our service delivery outcomes are measured against one question: “Are we doing the right thing?” This, of course must be answered within our fiscal realities. Criminal, Family and Poverty Administrative Law1 involve fundamental issues: liberty, family security, income and housing stability. These areas fit within our Mandate. It is important that we provide full service representation in these areas. This means a lawyer for the case. Our Province-wide Poverty Law Initiative is in its infancy, yet must be nurtured. Income and housing instability worsen intersections with criminal and family justice. Our full service numbers (essentially criminal and family) kept pace with the prior year. Total direct service expenditures were $21.4 million and more than 80% of these dollars were allocated to full service. In the context of Provincial Back to Balance funding for long-term stability, maintaining status quo full service is a good but challenging example of our commitment to realizing accessible justice for Nova Scotians: Unrepresented litigants suffer worse outcomes and add to justice system delays. Before I leave full service, I want to highlight our commitment to balancing criminal and civil legal aid expenditures. Of our full service expenditures, civil legal aid (mostly family law services) accounted for 41% and criminal adult legal aid accounted for 49%. 75% of family clients are women; 75% of criminal clients are male. The reality is that Legal Aid cannot ‘lawyer up’ all unrepresented litigants. This is where limited retainer services provide opportunities for innovative response. This year, energy was focused on our Enhanced Duty Counsel (EDC) program. By yearend and without adding personnel, we had a program that gained recognition 1 Poverty Administrative Law or Social Justice Law involves issues respecting (issues re EI Claims, CPP Disability, Income Assistance and Residential Tenancies. Dr. Ab Currie noted in ‘The Legal Problems of Everyday Life’: “…the lower the income, the more likely people are to report problems related to social services, disability benefits, debt and housing…the lowest income group.. are 2.9 times more likely to have a housing problem, 3.7 times more likely to have a problem with disability benefits…” 2 across Canada and prompted a site visit by Legal Aid Ontario. Our program was positively referenced in a report to the Attorney General of British Columiba and was considered by a Department of Justice Canada Researcher. EDC uses experienced lawyers along with Court Support Workers (CSWs). EDC achieves early final resolutions where appropriate, quicker hookup with full-service offices when necessary and helps address underlying drivers of intersection with criminal justice systems by helping accused connect with community supports. EDC services are not subject to financial eligibility criteria. All this adds up to effective access to justice for more Nova Scotians and is an efficiency key for the criminal justice system. Our program focused on the right people, doing the right thing and tracking the right outcomes. On the family side, we implemented, without adding personnel, court-based Summary Advice Counsel (SAC) in the Family Court in the northeast and began implementation planning for Family Courts in the southwest. SAC provides unrepresented litigants with access to experienced, court-based lawyers. This provides effective help for people who don’t qualify for full-service legal aid and can’t retain private counsel. It helps with family justice efficiencies. ‘Doing the right thing’ also means working with other justice stakeholders to support timely and responsive justice. We take our involvement and contribution seriously as this work is key to ensuring better access to justice for all Nova Scotians. This year, we promoted a collaborative child welfare model with Department of Justice and Department of Community Services. It is called the Early Referral Program and is based on preventative case conferencing which would take place prior to, and hopefully instead of, a protection application being brought in court. All stakeholders, and at the highest level, have committed future energy. This is about getting the right services to Nova Scotians at the right time. One other example: Our Poverty Law advocacy played a role in the Province’s recent decision to increase the maternal nutritional allowance for Income Assistance recipients. Finally, it is important to listen. We engaged in and facilitated a number of community consultations – with transition houses, Phoenix House youth, and participated in a number of consultations with First Nations communities around the Province. All this will help us better understand the needs of Nova Scotians who need legal aid. Internal Operations and Fiscal Realities Internal operations are measured against this question, “Are we doing things right?” within in our financial realities. The backbone of NSLA is the commitment of my staff and private bar colleagues. They have continued to care and show this by stepping up to the plate. This year, getting and retaining the right people to replace retirees was a focus. We expanded our visibility in the Schulich School of Law and implemented a Racial Diversity Committee. 3 In the Law School, we: Participated in orientation week; Collaborated with the Indigenous Blacks and Mi’kmaq Initiative; Provided student placement for the Criminal Law Clinic and new Public Placement Clinic and continued support to Dalhousie Legal Aid Clinic; Provided teaching support and involvement in lectures; Our Racial Diversity Committee helped us deliver two Province-wide legal aid goals: to increase our First Nations and African Nova Scotian cultural competency through focussed professional development; and, to attract staff that better reflect the cultural diversity of our clients. ‘Doing things right’ means looking at how we deliver services. This year, we increased our Aboriginal outreach by providing services in the Paq’tnkek community (formerly Afton) and Potlotek (formerly Chapel Island). Our Aboriginal in-community and near-community initiative now goes into six First Nations Communities. Darrel Pink, Executive Director, Nova Scotia Barristers’ Society, spoke at the 2012 Annual Meeting on Future Directions for Delivery of Legal Services and what this means for Legal Aid. Challenging us to build on our role in increasing legal information and using multi-disciplinary staff, we refined the focus of our Court Support Workers, developed the Family Support Assistant position, helped develop www.nsfamilylaw.ca and set a goal to expand our in-office summary services and limited retainer which will be implemented this fiscal year. Asking ourselves if we are doing things right lead us to develop Commission standards for criminal and family law. Minimum levels of professional development, experience and/or mentorship will be necessary for the Commission to issue a Certificate to a private bar lawyer. Consultations with members of the Bar, the Nova Scotia Barristers’ Society and the Criminal Lawyers Association took place. These standards will be implemented this year and will further promote effective justice for Nova Scotians. Finally, doing things right means, ‘You can’t manage what you don’t measure’. Operational focus on developing the right accountability reports continued. My commitment is that decisions will be based on both quantitative data (statistics) and qualitative feedback (listening). Decisions were made to decrease the Halifax North Office by one lawyer and add a Family Support Assistant, to divide the Dartmouth Office into separate family and criminal offices, to open a conflict office in Sydney (so as to decrease having to retain private bar lawyers from HRM) and to have the full-time Summary Advice Counsel in Sydney also provide Poverty Law services. Offering Poverty Law in the Sydney Supreme Court Family Division will complement the Department of Justice focus on better meeting the needs of Nova Scotians who are trying to deal with family law issues. Many people who experience family breakdown also experience poverty law issues and need help with income stability and housing security. 4 Financial & Technology Continued focus on financial management and openness to new technology applications is necessary for Legal Aid to be an essential part of the access to justice solution. New financial management focuses included: Audit/Finance implementation; Changeover to new accounting standards; Updated deliverable expectations for our Management Information Systems Coordinator (MISC). Changes will see this position move from simply a help desk to a proactive part of overall system management. None of this takes long to say, but were indeed major items on our financial management radar and were done on time. Conclusion Being ‘part of the solution’ means collaboration. Collaboration must mean action not just talk. Nationally, I was pleased to work with: Association of Legal Aid Plans (ALAP) of Canada as Executive member for the Atlantic Region. ALAP has undergone a change from an information sharing association to a focus as a national voice on access to justice. Press Release: http://www.newswire.ca/en/story/1197669/alap-supports-trainingto-meet-legal-needs-of-clients-with-mental-health-issues Canadian Bar Association (CBA) nationally on the importance of legal aid in access to justice. Presentations to the Envisioning Equal Justice Summit in BC, facilitating a closer connection between the CBA and ALAP and work on future directions for Legal Aid Plans were a few highlights. Steering Committee member of the National Symposium on Criminal Justice. This year, the focus was on strategies to address the intersection of mental health and the criminal justice system. Our NSLA Annual Meeting this year will focus on recognizing and responding to clients with mental health struggles and so we will be following up on a key recommendation from the Symposium. National Judicial Institute presentation on legal aid and legal aid and child welfare. This, hopefully, increased judicial awareness that lawyers welcome a more participatory role for judges in these proceedings. Federal/Provincial/Territorial Permanent Working Group (PWG) on Legal Aid along with my Provincial colleague, Judith McPhee, QC, Executive Director, Policy & Information Management, Department of Justice. The Federal 5 Government provides funding to the Province for criminal legal aid. Since 2003, the Federal Government has provided Nova Scotia with $3.6 million. Judith will be retiring this year and I would like to publicly thank her for her efforts on issues of federal/provincial fiscal responsibility for legal aid. The Nova Scotia Legal Aid Commission is in the top 50% of the Legal Aid Plans of Canada for Provincial/Territorial funding. Investing in legal aid is the right thing to do for individual Nova Scotians and for justice efficiencies. However, all Legal Aid Plans could be so much more. I think about legal aid all the time. Here are a few final thoughts about how all Legal Aid Plans could be an even greater part of the solution: R Develop more value for money Research, showing the investment in legal aid makes fiscal sense. E Expand Eligibility criteria for full service to include the working poor. A Embrace an Advocacy role for legal aid to speak on access to justice for vulnerable Canadians (if not us, then who?). C Value Coverage beyond criminal into equal service dollars for family poverty law legal aid. Women and children need this. H Apply Holistic or client-centered services which would see us working outside of our offices, being present where clients need us and using technology to provide help in a more accessible way. Legal Aid must REACH to the future. solution. and We can be an even bigger part of the Karen Hudson, QC Executive Director 6 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 [this means information, advice, partial representation and full-service representation – but not to spelled out herein] 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. 7 2012/2013 NSLA COMMISSION STRUCTURE Legal Aid Act 1989, RSNS, c.252 LEGISLATIVE AUTHORITY 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 Appeal Committee 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 Private Lawyers Accepting Certificates 8 Funding to Dalhousie Legal Aid Service $69,000 BOARD OF DIRECTORS AS OF MARCH 31, 2013 Donald G. Harding, QC (Chair) Ronald R. Chisholm Barbara Darby Trinda Ernst, QC Truro Bedford Kentville Donald Fraser Frank Gillis, QC Kathy Isnor Edward Kirby, CA Kentville Glace Bay Vincent B. MacDonald Darlene MacRury Naiomi Metallic Hugh Robichaud Halifax Glace Bay Halifax Meteghan Vacancy Vacancy Vacancy George Ash Dartmouth Linda TippettLeary Halifax Halifax 9 Halifax MANAGEMENT TEAM AS OF MARCH 31, 2013 OFFICE OF THE EXECUTIVE DIRECTOR: KAREN HUDSON, QC Executive Director JOSEPH A. CAMERON Internal Operations Director D. PETER MANCINI Service Delivery Director JENNIFER CAIN, CA Chief Financial Officer REGIONAL OFFICES: ROBERT GREGAN Managing Lawyer, Amherst DARREN MACLEOD Managing Lawyer, Annapolis Royal CINDY MURRAY Managing Lawyer, Antigonish & Port Hawkesbury JOHNETTE ROYER2 Managing Lawyer, Bridgewater MARIAN MANCINI4 Managing Lawyer, Dartmouth BRAD SARSON Managing Lawyer, Halifax South LEE MITCHELL5 Managing Lawyer, Halifax North LONNY QUERIPEL Managing Lawyer-Duty Counsel HRM Youth and Duty Counsel MEGAN LONGLEY Managing Lawyer - Youth HRM Youth and Duty Counsel BRIAN VARDIGANS Managing Lawyer, Kentville STEPHEN ROBERTSON Managing Lawyer, New Glasgow PATRICIA FRICKER-BATES3 Managing Lawyer-Criminal Sydney/Sydney Duty Counsel JILL PERRY Managing Lawyer–Family, Sydney DAVID MAHONEY Managing Lawyer, Truro KAREN ARMOUR Managing Lawyer, Windsor MURRAY JUDGE Managing Lawyer, Yarmouth 2 Cathy Benton effective May 1, 2013. 3 E. Ann Marie MacInnes effective May 1, 2013. 4 New Position added effective April 1, 2013 for Managing Lawyer for Family. Shelley Hounsell-Gray appointed for Family with Marian Mancini retaining Managing Lawyer responsibilities for Criminal. 5 Wayne Matheson effective April 1, 2013. 10 SERVICE OFFICE LOCATIONS 55 Church Street AMHERST, NS B4H 3A7 T 902-667-7544 TF 1-866-999-7544 F 902-667-0030 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 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 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. 300-99 Wyse Road DARTMOUTH, NS B3A 4S5 T 902-420-8815 TF 1-877-420-8818 F 902-420-6562 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 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 F 902-424-0562 11 401-15 Dorchester Street SYDNEY, NS B1P 5Y9 T 902-563-2295 TF 1-877-563-2295 F 902-539-0489 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 Accepted Services April 1st to March 31st Disposition 2012/2013 2011/2012 Change Accepted Services 43,451 43,624 (173) -0.4% Rejected Services 2,010 2,421 (411) -17.0% Pending Decision 416 129 287 222.5% GRAND TOTAL 45,877 46,174 (297) -0.6% Services Accepted Rejected Pending 1% 4% 95% 12 Accepted Services April 1st to March 31st Disposition Full Service: Staff Lawyers Private Lawyers Full Service 2012/2013 2011/2012 15,704 3,624 19,328 Reciprocals – Outgoing Summary Service Duty Counsel: Cells Non-Custodial SAC Business Hours Telephone After Hours Telephone Duty Counsel Change 15,991 (287) 3,722 (98) 19,713 (385) -1.8% -2.6% -2.0% 73 85 (12) -14.1% 1,082 1,112 (30) -2.7% 8,705 6,531 1,700 1,346 4,686 22,968 8,784 5,588 1,670 1,491 5,181 22,714 (79) 943 30 (145) (495) 254 -0.9% 16.9% 1.8% -9.7% -9.6% 1.1% Type of Service April 1, 2012 to March 31, 2013 Summary Service 3% Outgoing Reciprocals 0% Full Service 44% Duty Counsel 53% 13 Full Service: Staff Lawyers Private Lawyers Full Service % Full Service Reciprocals Outgoing % Total Provincial Statutes Civil Family Criminal Age n/a Criminal Youth Disposition Criminal Adult Services Received by Area of Law April 1, 2012 to March 31, 2013 9,497 1,997 0 3,577 593 40 15,704 1,676 258 0 1,661 29 0 3,624 11,173 2,255 0 5,238 622 40 19,328 57.8% 11.7% 0.0% 27.1% 3.2% 0.2% 100.0% 34.2% 7.9% 42.1% 0 0 0 73 0 0 73 0.2% 364 18 0 498 193 9 1,082 2.4% 7,713 5,722 0 1,209 992 333 0 131 0 0 0 0 0 0 1,700 0 0 0 0 0 0 476 0 6 8,705 6,531 1,700 1,346 19.0% 14.2% 3.7% 2.9% 4,023 484 179 0 0 0 4,686 10.2% 18,667 1,940 179 1,700 0 482 22,968 50.0% Accepted 30,204 Services Rejected 783 Services Pending Decision 192 GRAND TOTAL 31,179 % of Total 68.0% 4,213 179 7,509 815 531 43,451 94.7% 15 0 1,017 147 48 2,010 4.4% Summary Service Duty Counsel: Cells Non-Custodial SAC Business Hours Telephone After Hours Telephone Duty Counsel 3 0 211 10 0 416 0.9% 4,231 179 8,737 972 579 45,877 100.0% 9.2% 0.4% 19.0% 2.1% 1.3% 100.0% 14 FULL SERVICE REPRESENTATION Gender Breakdown 24.9% Criminal Adult 75.1% 20.5% Criminal Youth 79.5% 75.0% Family 25.0% 45.4% Civil 54.6% 0 Female 1000 Civil 269 Male 324 2000 3000 Family 2684 4000 893 5000 Criminal Youth 410 6000 1587 Staff Lawyer & Private Bar (Certificate) Private Lawyer 19% Staff Lawyer 81% 15 7000 Criminal Adult 2368 7129 8000 12 0 8 32 0 0 2 110 16 4 61 9 1 3 258 7.1% 52 72 133 126 207 248 0 0 140 83 342 100 69 89 1,661 45.8% 16 1 2 0 2 0 4 0 0 1 0 6 0 12 1 29 0.8% 98 105 251 264 707 252 247 111 239 142 722 179 131 176 3,624 100.0% % Total Civil 33 31 110 104 500 0 245 1 82 55 313 70 49 83 1,676 46.3% Family Amherst Annapolis Royal Antigonish Bridgewater Dartmouth Halifax North Halifax South HRM YDC Kentville New Glasgow Sydney Truro Windsor Yarmouth TOTAL Percent Criminal Youth Office Criminal Adult Certificates Issued to 217 Private Lawyers April 1, 2012 to March 31, 2013 2.7% 2.9% 6.9% 7.3% 19.5% 7.0% 6.8% 3.1% 6.6% 3.9% 19.9% 4.9% 3.6% 4.9% 100.0% After Hours Telephone Duty Counsel April 1, 2012 to March 31, 2013 500 450 400 350 300 250 200 150 100 50 0 Criminal Adult Criminal Youth Unknown Age Criminal Adult Unknown Age Criminal Youth 10% 4% 86% After Hours Telephone Duty Counsel April 1, 2012 to March 31, 2013 Month April May June July August September October November December January February March TOTAL Criminal Adult 372 350 384 416 438 321 319 307 317 306 247 246 4,023 Criminal Youth 53 42 39 50 54 39 37 36 48 42 25 19 484 17 Unknown Age 11 40 1 21 1 17 13 15 10 13 7 30 179 Total 436 432 424 487 493 377 369 358 375 361 279 295 4,686 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 18 GROSS MONTHLY INCOME $1424.00 $1708.00 $1932.00 $2156.00 $2380.00 $2604.00 $2828.00 $3052.00 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 APPENDICES 36 DR KE NG SY SY DC TR WI YA MH Staff Total Private Lawyer BW 0 0 1 3 0 2 49 0 0 2 13 19 2 31 14 18 0 0 2 0 11 17 0 33 3 1 8 0 0 0 0 1 5 0 0 54 0 0 0 5 15 4 30 4 15 0 0 0 13 9 11 16 28 4 0 9 0 1 2 0 5 12 1 0 78 0 0 3 8 17 21 53 9 18 0 0 3 58 22 27 5 3 1 0 19 0 0 0 0 25 12 0 6 215 0 0 5 35 56 36 239 23 32 1 0 10 322 92 52 25 46 9 0 44 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 0 0 0 3 29 15 0 104 400 1 0 1 44 73 87 551 34 69 2 0 15 25 91 53 52 86 4 0 94 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 0 0 1 9 0 5 73 1 0 1 6 34 14 78 7 18 0 0 12 83 20 20 5 25 2 1 16 0 1 0 0 1 8 0 12 72 0 0 1 2 8 14 71 20 23 0 0 0 0 14 28 4 9 0 0 26 0 0 0 1 4 13 2 25 181 0 0 2 17 26 24 170 12 58 0 0 5 201 20 41 11 61 1 0 68 0 0 0 0 0 0 0 0 10 0 0 0 0 0 0 0 0 1 0 0 2 1 0 0 0 0 0 0 2 0 0 3 1 8 3 2 14 40 0 0 1 11 18 10 89 8 15 0 0 12 110 25 5 6 33 0 1 11 0 1 0 0 3 3 0 8 91 2 0 0 10 9 11 75 3 13 0 0 1 62 21 11 10 33 0 0 14 0 0 0 0 4 1 1 8 46 1 0 2 2 12 10 18 4 8 0 0 0 0 4 7 1 13 2 0 14 0 0 0 0 8 1 0 0 67 0 0 0 8 13 9 85 4 15 0 0 1 7 0 3 7 13 1 0 19 0 0 7 6 91 91 7 188 1,416 5 0 18 163 318 246 1,502 145 310 3 0 65 924 344 285 152 400 27 3 352 1 3 14 17 63 64 7 65 403 4 0 7 62 127 35 109 24 31 1 0 6 47 150 20 6 21 2 1 83 3 2 29 101 82 64 192 0 595 1 63 115 191 1 43 48 55 92 1,672 111 0 2 1 8 244 0 0 2 24 356 0 1 1 46 354 0 0 2 9 440 0 4 0 25 1,507 0 0 0 0 - 0 3 21 89 2,541 0 0 0 0 2 0 0 0 4 499 0 1 2 34 465 0 0 0 26 1,160 0 0 0 7 24 0 0 0 13 483 0 1 1 25 455 0 0 0 34 247 191 0 0 7 551 191 12 30 351 9,328 0 2 20 94 1,601 HAS AT 2 1 1 6 1 4 40 0 0 0 2 18 4 12 2 7 0 0 2 42 15 10 10 17 0 0 8 0 0 HAN AR 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 AM CRIMINAL ADULT HRM YDC Number of Full Service Matters Completed April 1, 2012 to March 31, 2013 37 38 0 0 0 0 0 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 0 0 0 2 0 0 1 1 0 0 14 0 0 0 0 6 0 4 3 2 0 0 0 19 1 0 0 1 0 0 2 0 0 14 0 0 0 0 0 0 68 0 0 3 2 0 1 12 1 0 0 3 4 2 8 3 8 0 0 1 2 2 0 0 0 0 0 2 0 0 15 0 0 0 0 0 0 69 0 0 1 1 0 1 8 0 0 0 0 3 0 3 1 3 0 0 0 0 0 0 0 1 0 0 0 0 0 11 0 0 0 0 0 7 40 MH 0 0 2 1 0 4 20 0 0 1 2 4 1 19 8 14 0 0 1 49 2 12 2 1 0 0 9 0 1 57 0 0 0 0 0 1 211 YA 0 0 7 2 0 3 13 0 0 0 3 16 0 37 24 26 0 0 0 0 5 6 1 1 0 0 5 0 0 94 0 0 0 0 0 8 251 WI 0 0 2 2 0 0 32 1 0 0 1 19 0 21 3 8 0 0 2 12 2 2 2 0 0 0 6 0 0 20 0 0 0 0 0 3 138 TR 1 0 42 2 0 50 111 0 0 2 31 91 12 164 28 70 0 0 9 89 23 27 12 4 0 0 39 0 0 229 0 0 0 2 5 57 1,100 SY DC 0 0 0 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 0 0 1 SY 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 - NG 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 - KE 0 0 0 7 1 0 10 0 0 0 0 3 0 15 3 9 0 0 0 16 2 7 1 0 1 0 2 0 0 17 0 0 0 1 0 2 97 HRM YDC 0 0 0 1 0 0 4 0 0 1 0 1 0 2 2 4 0 0 0 0 0 2 0 2 0 0 1 0 0 3 0 0 0 0 0 4 27 HAS 0 0 0 2 0 0 3 0 0 0 2 6 0 3 0 5 0 0 1 0 2 1 0 1 0 0 1 0 0 7 0 1 0 0 0 2 37 HAN BW 0 0 0 1 0 0 5 0 0 1 0 9 1 22 4 10 0 0 0 15 4 1 1 0 0 0 0 0 2 18 0 0 0 0 0 2 96 DR AT 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 Prob/Order Var. CC Review Board Child Pornography YCJA Transfer YCJA Review Appeal Other Criminal Youth Total AR CRIMINAL YOUTH AM Number of Full Service Matters Completed April 1, 2012 to March 31, 2013 Staff Total 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 3 0 0 0 0 0 3 1 0 58 22 1 59 235 2 0 5 42 162 16 298 79 159 0 0 14 202 43 58 19 11 1 67 0 3 485 3 1 0 3 5 86 2,140 Private Lawyer 0 1 40 11 0 21 47 0 0 0 23 46 0 56 7 24 0 0 1 27 18 9 4 2 0 0 10 0 0 36 0 0 0 2 0 4 389 Provincial Statutes: 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 Mental Health 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, 2012 to March 31, 2013 0 0 0 0 5 0 1 6 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 2 0 2 1 0 0 1 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 14 2 0 16 0 0 0 0 0 0 0 0 21 4 3 28 0 0 0 0 12 13 50 15 0 19 10 0 4 0 4 1 5 133 26 18 87 14 1 1 34 1 15 0 2 0 1 200 19 24 37 35 4 18 64 1 4 0 12 2 6 226 28 17 83 18 1 37 56 0 22 1 2 0 3 268 15 35 248 70 0 19 109 1 29 0 9 3 5 543 36 70 211 54 4 43 84 5 22 0 16 1 9 555 0 0 1 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 29 40 91 17 1 46 31 0 24 2 9 0 5 295 9 5 94 35 1 8 63 3 35 1 3 0 4 261 29 47 208 49 1 9 153 2 21 3 12 0 0 534 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 4 59 36 0 31 18 7 18 3 18 0 0 199 33 16 59 30 1 21 21 1 11 2 3 0 1 199 16 48 68 9 2 20 40 2 14 0 4 0 2 225 0 0 0 0 0 0 0 0 0 0 0 0 0 0 257 337 1,296 382 16 272 683 23 219 12 94 7 41 3,639 32 103 479 414 8 157 143 13 132 6 8 14 19 1,528 0 0 2 0 0 0 0 0 0 0 3 6 1 1 5 18 491 0 0 0 0 0 0 0 1 1 0 2 0 2 1 4 11 610 0 0 0 0 0 3 0 0 1 0 3 2 2 2 9 22 630 0 0 0 0 0 4 0 0 0 1 0 0 0 0 1 6 811 1 0 0 0 0 0 0 0 0 0 2 0 3 0 2 8 2,058 0 0 0 0 0 0 0 0 9 5 38 48 36 5 11 152 707 0 0 0 0 0 0 0 0 0 1 0 0 3 0 0 4 2,548 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,104 0 0 0 0 0 2 0 0 4 8 5 12 2 0 2 35 968 0 0 0 0 0 0 0 0 1 2 1 1 0 0 0 5 982 0 0 0 0 0 1 0 0 1 0 2 2 0 1 8 15 1,921 0 0 0 0 0 11 0 0 1 0 0 1 0 0 1 14 40 0 0 0 0 0 16 171 0 0 0 3 0 0 0 0 190 940 1 1 0 1 0 0 0 0 2 1 2 1 3 0 33 45 784 0 0 0 0 0 4 0 0 0 0 0 3 0 0 5 12 524 0 0 0 0 0 71 0 0 0 0 0 0 0 0 1 72 626 2 1 2 1 0 112 171 1 20 18 61 76 52 10 82 609 4 3 2 0 2 3 0 0 0 0 0 0 0 0 15 29 39 15,744 3,547 Reciprocals Received April 1st to March 31st 2012/2013 2011/2012 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 16 6 2 11 7 1 7 3 1 19 6 1 23 9 3 30 13 2 17 3 0 18 3 0 2 3 2 17 5 1 19 6 2 35 8 1 0 21 4 3 2 0 0 73 0 8 3 6 3 0 0 57 0 29 7 9 5 0 0 130 0 27 6 7 4 0 0 85 0 9 1 7 0 0 0 47 0 36 7 14 4 0 0 132 40 STANDING COMMITTEES AS OF MARCH 31, 2013 APPEAL George Ash Barbara Darby Frank Gillis, QC Vincent B. MacDonald Darlene MacRury Hugh Robichaud Linda Tippett-Leary AUDIT/FINANCE COMMITTEE Donald G. Harding, QC (NSLAC Chair) Ronald R. Chisholm (Chair) Kathy Isnor Edward Kirby, CA Hugh Robichaud Karen Hudson, QC (Executive Director) Joseph A. Cameron (Internal Operations Director) D. Peter Mancini (Service Delivery Director) Jennifer Cain, CA (Chief Financial Officer) R. Gordon Murray, QC COMMUNICATIONS COMMITTEE Donald G. Harding, QC (NSLAC Chair) Trinda Ernst, QC Karen Hudson, QC (Executive Director) Joseph A. Cameron (Internal Operations Director) D. Peter Mancini (Service Delivery Director) EXECUTIVE Donald G. Harding, QC (Chair) Karen Hudson, QC (Executive Director) Joseph A. Cameron (Internal Operations Director) D. Peter Mancini (Service Delivery Director) ELIGIBILITY REVIEW COMMITTEE Trinda Ernst, QC Frank G. Gillis, QC Linda Tippett-Leary Executive Committee Members Marian Mancini (Managing Lawyer, Dartmouth Office) TARIFF REVIEW COMMITTEE Ronald R. Chisholm Linda Tippett-Leary Executive Committee Members Karen Armour (Managing Lawyer, Windsor Office) David Mahoney (Managing Lawyer, Truro Office) 41 Jennifer Cain, CA (Chief Financial Officer) R. Gordon Murray, QC Resource – Lisa Stokkeskog (Executive Assistant/NSLAC Secretary) Administration 1 2 6 1 2 Total Articled Clerks MIS Research 1 Coordinator Court Support Workers Family Support Assistants Officer Chief Financial Legal Assistants Admin. Support Lawyers Staff Directors Executive Director OFFICE STAFF DISTRIBUTION AS OF MARCH 31, 2013 13 Amherst 3 3 6 Annapolis Royal 3 2 5 2.5 2 4.5 4 3 Dartmouth 11 7 Halifax South 10 5 Halifax North 5.5 5 Kentville 4 3 7 New Glasgow 4 3 7 2.5 2 4.5 10 6 16 Truro 3 3 6 Windsor 3 2 5 Yarmouth 3 2.6 5.6 9 3 Antigonish Bridgewater Port Hawkesbury Sydney HRM Youth & Duty Counsel SAC Duty Counsel 1 1 2.5 14.5 2 3 1 2 .5 2 6 2.5 1.5 2 2 88 16 11.5 1.5 1 8 18 2 Sydney Youth & Duty Counsel Mental Health Legal Services Poverty Law Services Northeast Corridor TOTALS 1 .6 6 53.7 42 2.6 1 4.5 1 1 2 2 162.2 PUBLIC INTEREST DISCLOSURE OF WRONGDOING ACT REPORT FOR 2012/2013 Report of the Executive Director: I am pleased to present the 2012/2013 report on the implementation of the Public Interest Disclosure of Wrongdoing Act Report by the Nova Scotia Legal Aid Commission. This report supports the Government’s commitment to provide a process to facilitate the disclosure and investigation of potential wrongdoing and to provide protection for those who disclose. Nova Scotia Legal Aid delivers a wide range of services that directly and significantly impact Nova Scotians. As public servants we all share a commitment to ensure that Nova Scotians continue to be served by a professional, ethical and accountable civil service. In the rare cases where existing processes are inadequate to assure effective, efficient and fair service delivery, it is important that we encourage a work environment where employees feel safe to report any wrongdoing they may encounter and that they do so without fear of reprisal. The Public Interest Disclosure of Wrongdoing Act and Regulations provide a reporting process and provide greater protection for employees who come forward with a potential wrongdoing. The Public Interest Disclosure of Wrongdoing Act is not intended to deal with all matters and concerns that employees may have. This Act is the avenue for dealing with specific wrongdoings as defined in the Act. Other laws such as the Occupational Health and Safety Act and the Human Rights Act incorporate human resources policies and provide additional avenues of redress for government employees that may be more appropriate depending on some circumstances. Definition of “Wrongdoing” Under the Public Interest Disclosure of Wrongdoing Act, “wrongdoing” means: (i) A contravention of Provincial or Federal Statutes or Regulations if the contravention related to official activities of the employee or any public funds or assets, (ii) A misuse or gross mismanagement of public funds or assets, 43 (iii) An act or omission that creates a substantial and specific danger to the life, health or safety of person or the environment, or (iv) Directing or counseling someone to commit a wrongdoing described in subclauses (i) to (iii). Disclosure of Wrongdoing Between April 1, 2012 and March 31, 2013, there were no disclosings of wrongdoing made by employees of the NSLA Commission under the Public Interest Disclosure of Wrongdoing Act. Other Activities in Support of the Act Fiscal year 2012/2013 was a foundational year in the NSLA Commission’s implementation of the Public Interest Disclosure of Wrongdoing Act. During that time, we appointed a “designated officer”, Joseph A. Cameron, Internal Operations Director, who is responsible to receive and deal with disclosures by employees. In addition, the designated officer is our liaison with the Office of the Ombudsman and other designated officers in other departments and is responsible for overseeing the Act. We have communicated details of the Act and Regulations to all office managers and staff. The designated officer has taken specialized training in the investigation of disclosures under the Act. We have had the Ombudsman and a member of his staff speak to our Managing Lawyers and Support Staff in June 2013. 44 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. 45 GLOSSARY OF TERMS DR – Dartmouth Office EI – Employment Insurance 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 – 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 46 GLOSSARY OF TERMS 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. 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 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 47 GLOSSARY OF TERMS YA - Yarmouth Office YCJA - Youth Criminal Justice Act 48 NSLAC 36th Annual Report 2012/2013 Published September 2013