Study of the Legal Services Provided to Penitentiary Inmates by Legal Aid Plans and Clinics in Canada

Appendix C: Legal Aid Plan Coverage by Province (cont'd)

Table 1: Legal Aid Plan coverage (cont'd)
  British Columbia Alberta Saskatchewan Manitoba
Method of service delivery to federal prison inmates Judicare and other.

Duty counsel attend provincial and federal institutions to take applications, provide summary advice, investigate potential problems, as well as attend federal disciplinary hearings on serious charges. Annual and biannual reviews (test for sufficiency of evidence) for inmates with mental disorders are covered, as are "faint hope" applications.

 There is no specialized service delivery for federal prison inmates. Prison inmates are eligible for the same coverage as the general public.

Most federal offenders are represented by a lawyer for issues such as: parole hearings and appeals, and disciplinary tribunals. Appeals of transfer requests by correctional staff are not covered by legal aid in Québec.

 There are no specialized services for federal prison inmates.

Prison inmates are eligible for the same coverage as the general public

 The is no coverage of prison issues

The Amherst Office provides some coverage of prison law issues, transfer of charges from another jurisdiction

A paralegal visits the institution once a week, provides advice, where appropriate, can open a file and provide assistance and/or representation on hearings and other issues.
Policies and procedures regarding federal prison inmates Duty counsel must have knowledge of CCC, federal Corrections and Conditional Release Act, Access to Information and Privacy Acts.

Area Director may require counsel to attend special training provided by LAO.		 The offender must call a lawyer, who submits a request to legal aid. Legal aid sends someone to the prison to evaluate the client's case and if the client meets the eligibility criteria, will issue a certificate. Legal aid has established tariffs for prison law and has specified tariffs for parole hearings, appeals, disciplinary tribunals, etc. N/A

 N/A
Process for decision-making regarding service eligibility Decision-making is the responsibility of the Area Director If accepted, a certificate is provided to the counsel of choice. If rejected, the applicant can appeal to the Director The eligibility criteria are the same for offenders as for the general public.

 Decision-making is the responsibility of the Area Manager. If eligible, the client is provided with a staff lawyer. If ineligible, the applicant can appeal the decision

 Decision-making is the responsibility of the Area Manager. If eligible, the client is provided with a staff lawyer. If ineligible, the applicant can appeal the decision