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Definition of Terms

Application - refers to a formal written request for legal assistance. Related legal matters enumerated at the time of application are included on one application, despite the requirement for a court appearance. Separate applications are counted for criminal, family, civil or provincial offence matters.

Appeal - refers to an appeal of a lower court or administrative tribunal decision, not an appeal of a refused application.

Appeal against refusal - refers to an appeal of a refused application for legal services.

Civil matters - refers to all other civil proceedings that are not of a family nature.

Contribution - refers to that portion of the costs of legal services that an applicant, client, former client or other person may be required to pay.

Coverage or range of service restrictions - refers to applications refused because the legal matter is not covered by The Saskatchewan Legal Aid Commission.

Duty counsel project service - refers to legal services provided by a lawyer at a location other than a legal aid office, where the person assisted had not applied in writing requesting legal aid services. Commencing in 2001-02, this project was provided to adults in-custody for Provincial Court at Regina and Saskatoon.

Duty counsel advice service - immediate, although temporary advice by telephone to arrested or detained persons, irrespective of financial status (per the Brydges decision of the Supreme Court of Canada). As of December, 2004, this service is provided 24 hours a day, 7 days a week.

Family matters - refer to proceedings related to divorce, separation, maintenance, custody/access, and other matters of a family law nature.

Federal criminal matters (adult) - refers to applications for matters under the Criminal Code of Canada, Narcotic Control Act, Food and Drug Act, or other Federal Statutes if the proceedings are by way of indictment; or, if upon conviction and sentence, there is a likelihood of imprisonment or loss of livelihood.

Federal criminal matters (youth) - refers to applications for matters under the Young Offenders Act and effective April 1, 2003, the Youth Criminal Justice Act.

Financial ineligibility - refers to reasons for refusing an application based on some financial information revealed by the applicant about income, assets and liabilities.

Full service application - refers to an application that is granted legal services.

Interprovincial reciprocity agreement - refers to the informal agreement among Legal Aid Plans in Canada to handle nonresident civil matters.  Applicants must request legal services in the province/territory of home, rather than in the province/territory where the legal recourse is sought.

Merit, lack of - refers to applications refused because the nature of the case or the seriousness of the matter does not warrant legal assistance.

Merit, professional - some or all of the following are considered:

  • is this case one that a reasonable person of modest means would commence or defend?
  • are the legal costs of commencing or defending an action reasonable compared with the relief asked for?
  • what is the seriousness of the legal or economic outcomes?
  • what are the potential benefits to the client?
  • is there a possible defence to a charge?
  • has the client been cooperative, such as keeping appointments, keeping in touch with the office after a move, etc.?
  • has the client accepted reasonable professional advice from the assigned lawyer?

Non-compliance/abuse - refers to refusals based on an applicant's prior or current experience with The Saskatchewan Legal Aid Commission. Included are applications where the services applied for are abusive of the legal process or failure to cooperate with the lawyer.

Prepaid expenses - Payments made during the year that relate to goods and services that will not be received until subsequent fiscal years (includes items such as professional dues, memberships and subscriptions).

Provincial offence matters - refers to applications for matters under provincial statutes, such as Alcohol Control Act, Wildlife and  Parks Act, or Highway Traffic Act.

Range of service or coverage restrictions - refers to applications refused because the legal matter is not covered by The Saskatchewan Legal Aid Commission.

Reciprocal application - see Interprovincial reciprocity agreement. Incoming refers to those applications coming from other jurisdictions, while Outgoing refers to those Saskatchewan sends out.

Refused application - refers to all formal written requests for legal aid that have been denied legal services due to financial ineligibility, lack of merit or range of service or coverage restrictions.

Summary advice or service - refers to the provision of legal advice, information, or any other type of minimal legal service to an individual involving no more than a brief interview or telephone call.

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