Criminal Trial Services
If you have been charged with a criminal offence and you cannot afford a lawyer, you may apply for legal aid. Generally, if there is a likelihood that conviction for this offence would result in jail time, and you meet the eligibility criteria, Legal Aid will provide a lawyer to handle your case.
The first step is to contact your local legal aid office to schedule an appointment.
Eligibility Criteria
Generally, people with low income or those on social assistance qualify for covered services. Legal Aid determines who is eligible for legal representation based on scope of service and financial eligibility.
Scope of Service
Not all legal proceedings are covered by legal aid. Criminal matters NOT covered include:
- Default hearings;
- Bail reviews;
- Firearms applications;
- Provincial offences, except where a mandatory jail sentence is called for (e.g. certain offences under the Fish & Wildlife Act).
Financial Eligibility
Financial eligibility is determined based on the following three factors:
1. Income:
Your income includes salary, wages, commissions, boarder income, other income, pension, allowances, and any other benefits received. Income earned by your spouse/common-law partner who resides in your household and dependants included under paragraph (b) (see “Household Size” below) is also included in the calculation.
Sources of income NOT included are:
- Child Tax Benefit or Canada Child Benefit (previously called Universal Child Care Benefit);
- GST Rebates;
- Income Tax Refunds;
- Bursaries or grants received from an educational institution or student loans;
- The gross income of your dependants included under paragraph (a) (see “Household Size” below).
2. Allowable Deductions:
The following expenses paid by yourself, your spouse/common-law partner, or dependants included under paragraph (b) (see “Household Size” below) are deducted from your income.
Allowable deductions include:
- Child care payments (Daycare, Babysitter, etc.);
- Child and spousal support payments;
- Medical or dental expenses that are not covered by an insurance plan, if the annual expenses are $1,500 or more.
3. Household Size:
Includes the following people:
- Yourself;
- Your current spouse/common-law partner;
- Children under 18 years of age who live with you at least 40% of the time;
- Dependants:
a) between the ages of 18 and 25 years (inclusive) who are registered at an
educational institution and who reside with you at least 40% of the
time.
b) 18 years of age or over, who suffers absence or reduction of functional
competence because of physical or mental impairment which
substantially limits their ability to carry out normal daily activities and
who resides with you at least 40% of the time.
You should bring as much information as possible to show your income and allowable deductions, as well as those of your current spouse/common-law partner and dependants referred to in paragraph (b) (see “Household Size” above).
- Identification (e.g. Social insurance card, driver’s license, or Medicare card).
- Proof of income (e.g. pay stubs received during thirty (30) days prior to date of application, income assistance stubs or Employment Insurance statements; other proof as required).
- Are you seasonally employed on a regular basis?
If yes, in addition to the proof of income listed above please bring your most recent Income Tax Notice of Assessment. - Are you in receipt of Social Assistance Benefits?
If yes, please bring your most recent deposit slip and your white or yellow health card issued by Social Assistance.
- Are you seasonally employed on a regular basis?
- Proof of allowable deductions (e.g. receipts).
- Court documentation: You should bring all existing court documentation relating to your case (e.g disclosure, etc.).
After you make an application for representation in a criminal matter, Legal Aid will usually notify you of the outcome of your application within 1 – 2 weeks.
Your income (after allowable deductions have been subtracted) and household size are located on our Income Grid to determine financial eligibility and client contribution amounts. Click here for a printable version.
Eligibility and contribution based on gross monthly income
(after allowable deductions are subtracted)
| TIER 1 | TIER 2 | TIER 3 | TIER 4 | |
| Household Size | No contribution | $150 contribution | $250 contribution | Not Financially Eligible |
| 1 | 0 – $1,200 | $1,201 – $1,900 | $1,901 – $2,600 | $2,601 + |
| 2 | 0 – $1,800 | $1,801 – $2,800 | $2,801 – $3,800 | $3,801 + |
| 3 | 0 – $1,900 | $1,901 – $2,900 | $2,901 – $3,900 | $3,901 + |
| 4 | 0 – $2,000 | $2,001 – $3,100 | $3,101 – $4,200 | $4,201 + |
| 5 | 0 – $2,100 | $2,101 – $3,300 | $3,301 – $4,500 | $4,501 + |
| 6+ | 0 – $2,300 | $2,301 – $3,500 | $3,501 – $4,700 | $4,701 + |
Eligibility and contribution based on gross annual income
(after allowable deductions)
| TIER 1 | TIER 2 | TIER 3 | TIER 4 | |
| Household Size | No contribution | $150 contribution | $250 contribution | Not Financially Eligible |
| 1 | 0 – $14,400 | $14,401 – $22,800 | $22,801 – $31,200 | $31,201 + |
| 2 | 0 – $21,600 | $21,601 – $33,600 | $33,601 – $45,600 | $45,601 + |
| 3 | 0 – $22,800 | $22,801 – $34,800 | $34,801 – $46,800 | $46,801 + |
| 4 | 0 – $24,000 | $24,001 – $37,200 | $37,201 – $50,400 | $50,401 + |
| 5 | 0 – $25,200 | $25,201 – $39,600 | $39,601 – $54,000 | $54,001 + |
| 6+ | 0 – $27,600 | $27,601 – $42,000 | $42,001 – $56,400 | $56,401 + |
Tier 1: You are financially eligible for legal aid and will be issued a certificate. You are not required to make an initial client contribution.
Tier 2: You are financially eligible for legal aid and will be issued a certificate upon receipt of your one-time $150 client contribution.
Tier 3: You are financially eligible for legal aid and will be issued a certificate upon receipt of your one-time $250 client contribution.
Tier 4: You are not financially eligible for legal aid and will not be issued a certificate.
Client contributions must be paid in full by certified cheque or money order before a certificate will be issued.
Appeal processes are in place to address extenuating circumstances.
Even if Legal Aid is handling your case some expenses may not be covered. These expenses may include assessments, expert witnesses, DNA testing, etc. You would be responsible to pay for those services if they are required.
Your income (after allowable deductions have been subtracted) and household size are located on our Income Grid to determine financial eligibility and client contribution amounts. Click here for a printable version
Eligibility and contribution based on gross monthly income
(after allowable deductions are subtracted)
| TIER 1 | |
| Household Size | No contribution |
| 1 | 0 – $1,200 |
| 2 | 0 – $1,800 |
| 3 | 0 – $1,900 |
| 4 | 0 – $2,000 |
| 5 | 0 – $2,100 |
| 6+ | 0 – $2,300 |
| TIER 2 | |
| Household Size | $150 contribution |
| 1 | $1,201 – $1,900 |
| 2 | $1,801 – $2,800 |
| 3 | $1,901 – $2,900 |
| 4 | $2,001 – $3,100 |
| 5 | $2,101 – $3,300 |
| 6+ | $2,301 – $3,500 |
| TIER 3 | |
| Household Size | $250 contribution |
| 1 | $1,901 – $2,600 |
| 2 | $2,801 – $3,800 |
| 3 | $2,901 – $3,900 |
| 4 | $3,101 – $4,200 |
| 5 | $3,301 – $4,500 |
| 6+ | $3,501 – $4,700 |
| TIER 4 | |
| Household Size | Not Financially Eligible |
| 1 | $2,601 + |
| 2 | $3,801 + |
| 3 | $3,901 + |
| 4 | $4,201 + |
| 5 | $4,501 + |
| 6+ | $4,701 + |
Eligibility and contribution based on gross annual income
(after allowable deductions)
| TIER 1 | |
| Household Size | No contribution |
| 1 | 0 – $14,400 |
| 2 | 0 – $21,600 |
| 3 | 0 – $22,800 |
| 4 | 0 – $24,000 |
| 5 | 0 – $25,200 |
| 6+ | 0 – $27,600 |
| TIER 2 | |
| Household Size | $150 contribution |
| 1 | $14,401 – $22,800 |
| 2 | $21,601 – $33,600 |
| 3 | $22,801 – $34,800 |
| 4 | $24,001 – $37,200 |
| 5 | $25,201 – $39,600 |
| 6+ | $27,601 – $42,000 |
| TIER 3 | |
| Household Size | $250 contribution |
| 1 | $22,801 – $31,200 |
| 2 | $33,601 – $45,600 |
| 3 | $34,801 – $46,800 |
| 4 | $37,201 – $50,400 |
| 5 | $39,601 – $54,000 |
| 6+ | $42,001 – $56,400 |
| TIER 4 | |
| Household Size | Not Financially Eligible |
| 1 | $31,201 + |
| 2 | $45,601 + |
| 3 | $46,801 + |
| 4 | $50,401 + |
| 5 | $54,001 + |
| 6+ | $56,401 + |
Assuming the service(s) identified on your application fall within the NBLASC scope of service; if your income falls in:
Tier 1: You are financially eligible for legal aid and will be issued a certificate. You are not required to make an initial client contribution.
Tier 2: You are financially eligible for legal aid and will be issued a certificate upon receipt of your one-time $150 client contribution.
Tier 3: You are financially eligible for legal aid and will be issued a certificate upon receipt of your one-time $250 client contribution.
Tier 4: You are not financially eligible for legal aid and will not be issued a certificate.
Client contributions must be paid in full by certified cheque or money order before a certificate will be issued.
Appeal processes are in place to address extenuating circumstances.
If you are unable to pay the one-time client contribution and you are a registered owner of real property, you may choose to sign a lien and defer payment.
What is a lien?
A lien is a legal claim against an asset (real property) used to ensure payment is received. The lien must be paid before you can sell your property or refinance your mortgage.
If you choose to defer payment you will be responsible to reimburse legal aid for the full cost of legal fees and disbursements paid on your certificate, as well as the applicable Service New Brunswick lien registration and discharge fees.
We will not send you an invoice when your file is closed; however, you may request a lien payout amount at any time after your file is closed.
If your application is refused, you will receive a form which you can fill out and return to start the appeal process.
If your application is approved, you will be required to pay your client contribution (if applicable) and sign a Client Agreement form. Once you have done so, a lawyer will be assigned to your file and they will contact you to schedule a meeting.