Criminal Legal Aid

The New Brunswick Legal Aid Services Commission provides legal assistance to eligible applicants in certain criminal and family law matters. Legal Aid is regulated by the Legal Aid Act and the Legal Aid Regulations.

Criminal Legal Aid

The New Brunswick Legal Aid Services Commission offers two types of services for criminal legal proceedings: Duty Counsel and Certificates.

Duty Counsel

This service allows persons accused of an offence to consult with a lawyer prior to appearing before the Court to answer a charge. The Duty Counsel lawyer will generally be at the courthouse on “plea days” and will be available to give advice on a specific charge, on the legal procedures and on the options available. The Duty Counsel lawyer may appear with the accused to enter a plea or ask for an adjournment, but will not represent the accused or appear at trial. Duty Counsel service is available to everyone regardless of the type of charge.

Certificates

This service allows an accused to retain the services of a lawyer to defend him or her against a criminal charge. The accused must make an application to Legal Aid to obtain a Certificate. Certificates are issued only to persons who do not have the financial means to pay for legal representation. Once a Certificate is issued, the lawyer will be paid by the New Brunswick Legal Aid Services Commission, in accordance with the established tariff. Not all lawyers accept work on Legal Aid Certificates. Generally, the New Brunswick Legal Aid Services Commission office is able to provide a list of lawyers who accept legal defense work under the Legal Aid tariff.

Financial Eligibility

Along with the Legal Aid application, the accused must provide financial statements for use in determining whether he or she qualifies for Legal Aid. Eligibility is determined taking into consideration the assets, liabilities, income and expenses of the applicant and the applicant's spouse. Consideration is also given to the number of dependents the accused has. Even if eligible for Legal Aid, an applicant may still be required to make some financial contribution to the cost of legal services.

Eligibility – Type of offence

Not all criminal offences are covered by Certificates. Generally, Certificates are issued to persons charged with indictable offences, which are more serious charges.

Certificates are only issued to persons charged with summary conviction offences if one of the following circumstances exists:

• there is a likelihood of imprisonment or loss of means of earning a livelihood upon conviction;
• there are circumstances that would serve to mitigate the severity of the imposed penalty; or
• due to extraordinary circumstances, it is in the best interests of justice that the applicant be given legal representation.

An applicant may be refused Legal Aid if he or she has been convicted of a similar offence in the past, or by reason of the total amount of services that the applicant has previously received from Legal Aid.

Legal Aid Offices in the Judicial Districts of New Brunswick

Bathurst	(506) 546-5010	Miramichi	(506) 622-1061
Campbellton	(506) 753-6453	Moncton	(506) 853-7300
Edmundston	(506) 735-4213	Saint John	(506) 633-6030
Fredericton	(506) 444-2777	Woodstock	(506) 328-8127