You can choose to appeal a legal aid decision if you:

• have been refused LAO assistance in retaining a lawyer due to financial eligibility, merit or coverage policy
• disagree with the requirement of a contribution agreement
• object to the cancellation of a legal aid certificate
• disagree with the terms upon which legal aid was offered by the area committee

Applicants will receive the area office's written decision about two weeks after an application has been submitted. If the application is accepted, applicants will receive either a certificate or a contribution agreement. If refused, applicants will receive a written refusal. The right to appeal is stated on the refusal notice, with information about where to send the appeal.

If the area director made the decision the applicant disagrees with, an appeal is available to the area committee. If the area committee made the decision, an appeal can be made directly to the provincial office appeals department.

Appealing to the area committee

Unsuccessful applicants deciding to appeal the area director's decision must submit a notice of appeal or a letter to the area committee for consideration. The following information, in either English or French, should be provided:

• the applicant's name
• the area office location
• the date of the decision
• the reason for the appeal
• the applicant's address
• the applicant's telephone number
• the legal aid application number, if available

Area committee hearings are generally held within a month after an appeal form has been received.

Legal aid applicants appealing the decision of the area director may be notified of the area committee meeting and although it is not required, the person filing the appeal may attend at the time and place indicated. The area committee decision will be mailed to the legal aid applicant following the meeting; however, in urgent circumstances, the person filing the appeal or counsel may phone the area office for the decision.

Appealing to the appeals department

People disagreeing with an area committee's decision may appeal to the provincial office appeals department through written notice, either by letter or notice of appeal, fully detailing the reasons for the appeal. Information about where to appeal is included in the decision of the area committee.

The appeals department reviews the notice or letter and all information considered by the area committee before making a decision. The appeals director then assesses the case and sends a written decision by mail, usually within two weeks of receiving complete information.

The decision of the appeals director is final. Reconsideration is offered only where the applicant's circumstances have significantly changed since the initial legal aid application was made.