A newcomer to Canada can benefit from a government-funded legal aid system to gain access to justice.
And this system, known as legal aid, provides free access to the justice system under certain conditions.
To qualify for legal aid, two main criteria must be met: financial eligibility and the presence of a legal need that is covered by law.
For individuals who receive social assistance, financial eligibility is automatic.
The legal aid system in Quebec is a “mixed” system that employs full-time staff lawyers as well as private lawyers who accept legal aid mandates.
Many asylum seekers turn to legal aid because they cannot afford the cost of lawyers.
However, the main problem lies in the lack of information.
Many newcomers are unaware that legal aid exists and instead turn to organizations that provide services at a very low cost or even free of charge.
This lack of awareness creates a “fertile ground” for individuals who exploit these circumstances.
Legal aid lawyers, guided by their “community-oriented” perspective, work closely with community organizations. These organizations often serve as gateways for newcomers, directing them to the appropriate services.
The mission of legal aid is to ensure that everyone in Quebec has access to justice.
This quasi-governmental organization receives its funding from the government but operates independently. It is noted that Quebec’s system is unique, as it is the only system in Canada that offers a wide range of services, not limited to criminal law, family law, and immigration, but also including housing law, mental health law, and youth assistance.
The Legal Services Committee is responsible for establishing legal aid centers in each administrative region of Quebec.
Meanwhile, the Montreal–Laval center handles about 30% of legal aid applications in Quebec each year.
Immigrants represent a significant proportion of legal aid recipients.
Legal aid can also assist immigrants in submitting applications on humanitarian grounds, filing requests for judicial review before the Federal Court, and appealing detention decisions issued by the Canadian Immigration Department.
The Montreal–Laval Legal Aid Center handled 72,272 requests last year, including 671 cases related to immigration issues.
