LAO update: fall 2019 edition
Published: February 27, 2020
A quarterly update on Legal Aid Ontario’s latest access to justice initiatives
Executive summary
In the autumn of 2019, LAO welcomed the provincial government’s new Legal Aid Services Act, a bill that, if passed, would establish a new framework in which LAO delivers legal aid services.
The updated legislation—last revised in 1998—would give LAO greater scope to develop and adapt services and policies to more responsively serve clients, and work with service providers. It offers opportunities for innovation, and will allow us to address gaps in the justice system.
In other news this past autumn, we added more family duty counsel services in certain areas of the province, and reorganized LAO’s district structure reflecting our ongoing commitment to more efficient client service.
More information on developments at LAO between September and December 2019 follows in the Updates section.
Updates
- New legislation for LAO
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December 9, 2019
Legal Aid Ontario welcomed the provincial government’s announcement of a new Legal Aid Services Act, a bill that, if passed, would establish a new framework in which we deliver legal aid services. - New coverage for PRRA hearing preparation and attendance
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December 4, 2019
LAO covers clients with a pre‑removal risk assessment certificate who are scheduled for a PRRA hearing, following amendments to the Immigration and Refugee Protection Act. - Additional family duty counsel services
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November 14, 2019
LAO announces additional family duty counsel services as of November 18, 2019. - LAO moves to new district structure closely matching Ontario Court of Justice
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October 3, 2019
Objective of the reorganization: improved efficiency of client service - Updated processes for Refugee Protection Division hearing coverage
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October 3, 2019
Announcement of September 23 change restoring RPD hearing preparation authorizations
Client services
Intake, triage and support services
LAO offers intake, triage and support services to people applying for legal aid, existing legal aid clients and lawyers who provide legal services on behalf of Legal Aid Ontario.
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Call centre–Tier 1
Agents in Tier 1 of LAO’s call centre can help assess service needs and provide information about qualifying for legal aid. Their responsibilities include, but are not limited to: triage, making referrals, performing status checks and updating client profiles. -
Call centre–Tier 2
Tier 2 agents conduct an in‑depth analysis of a client’s legal needs, financial situation and case details to determine eligibility for legal aid services. Their responsibilities include, but are not limited to: processing applications, issuing certificates, making referrals, and providing enhanced public legal information. -
Call centre–Lawyers
Lawyers who do legal aid work can contact the call centre for information on, including but not limited to: tariff, billing, account status and technical support. This group serves as a first point of contact for most lawyers’ enquiries.
Call centre–In‑custody
LAO also offers a service dedicated to helping people who are incarcerated across the province. Staff take calls directly from inmates to determine legal aid eligibility, process applications and issue certificates as well as conduct status checks on submitted applications.
Persons assisted for intake, triage and support
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| Persons assisted for intake, triage and support | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | |
| Phone: Tier 1 | 76,566 | 70,156 | 73,498 | 68,281 | 76,534 | 74,457 | 73,473 | 70,289 |
| Phone: Tier 2 | 23,152 | 26,614 | 29,117 | 27,254 | 28,709 | 28,105 | 28,742 | 28,150 |
| Phone: In‑custody clients | 7,437 | 8,194 | 9,066 | 8,462 | 9,120 | 9,391 | 9,532 | 9,258 |
| Phone: Lawyer Service Centre | 12,061 | 11,571 | 11,106 | 10,914 | 10,639 | 10,598 | 9,866 | 9,561 |
Duty counsel services
Duty counsel are LAO staff and per diem lawyers in courthouses. They can give immediate legal assistance to low‑income people who would otherwise be unrepresented and unassisted.
Number of people assisted by duty counsel
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| Persons assisted | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | |
| Criminal law | 138,453 | 112,419 | 121,721 | 131,619 | 150,401 | 129,421 | 124,309 | 125,310 |
| Civil law1 | 42,105 | 31,785 | 33,345 | 34,700 | 38,233 | 31,890 | 25,398 | 21,375 |
| Total | 180,558 | 144,204 | 155,066 | 166,319 | 188,634 | 161,311 | 149,707 | 146,685 |
[1] This category consists largely of people assisted in family law courts
Certificate program
LAO staff working at courthouses or on the phone assess whether an individual qualifies for legal help from LAO, and what kind of legal help they qualify for. A formal application is then created, and, if approved, a certificate is issued. Certificates state the type of service and length of time, as LAO will pay for a lawyer to complete the service based on the typical amount of work required.
Certificate application outcomes
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| Certificate application outcomes | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | |
| Approved | 25,451 | 27,794 | 27,448 | 27,492 | 28,854 | 26,687 | 25,389 | 26,386 |
| Refused | 3,192 | 3,624 | 3,369 | 3,373 | 3,658 | 3,530 | 3,133 | 3,321 |
| Other2 | 1,347 | 1,504 | 1,502 | 1,653 | 1,721 | 1,689 | 1,529 | 1,451 |
| Total outcomes recorded | 29,990 | 32,922 | 32,319 | 32,518 | 34,233 | 31,906 | 30,051 | 31,158 |
[2] Application outcomes labelled as “Other” are often of an administrative nature and can include: referrals to other service providers, applications withdrawn by the client, or instances when an application was created in error.
Length of time to determine application outcome
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| Length of time to determine application outcome | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | |
| Same day | 20,958 | 23,015 | 22,755 | 22,757 | 24,006 | 22,039 | 21,186 | 21,685 |
| 1 to 7 days | 2,458 | 2,836 | 2,929 | 2,786 | 3,713 | 3,556 | 3,205 | 3,360 |
| 7 to 14 days | 1,538 | 1,781 | 1,664 | 1,861 | 1,529 | 1,573 | 1,423 | 1,517 |
| 14 to 30 days | 2,183 | 2,538 | 2,327 | 2,475 | 2,182 | 2,249 | 1,949 | 2,247 |
| Over 30 days | 2,853 | 2,752 | 2,644 | 2,639 | 2,803 | 2,489 | 2,288 | 2,349 |
| Total outcomes recorded | 29,990 | 32,922 | 32,319 | 32,518 | 34,233 | 31,906 | 30,051 | 31,158 |
| % same‑day decisions | 69.90% | 69.90% | 70.40% | 70.00% | 70.10% | 69.10% | 70.50% | 69.60% |
Certificates approved by area of law
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| Certificates approved by area of law | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | |
| Criminal law | 14,053 | 14,953 | 14,506 | 15,020 | 15,929 | 15,333 | 14,610 | 14,754 |
| Family law | 6,411 | 7,473 | 7,398 | 6,945 | 7,585 | 6,942 | 5,969 | 5,439 |
| Immigration and refugee law | 3,628 | 3,968 | 4,123 | 4,186 | 3,904 | 3,029 | 3,400 | 4,878 |
| Other3 | 1,359 | 1,400 | 1,421 | 1,341 | 1,436 | 1,383 | 1,410 | 1,315 |
| Total | 25,451 | 27,794 | 27,448 | 27,492 | 28,854 | 26,687 | 25,389 | 26,386 |
[3] Other is a category that represents all other legal matters covered by LAO certificates, such as: CCB matters, prison law matters and matters before civil tribunals.
Performance measures
| Key Performance Indicator (KPI) name | Measurement frequency | Last measured | Target | Previous year (2018/19) | Q3 2019/20 |
|---|---|---|---|---|---|
| % of area office appeals heard within 3 days | Quarterly | Q3 2019/20 | 80.0% | 59.5% | 64.0% |
| % of calls answered within 3 minutes (L1) | Quarterly | Q3 2019/20 | 80.0% | 70.0% | 54.0% |
| % of calls answered within 3 minutes (LSC) | Quarterly | Q3 2019/20 | 80.0% | 84.0% | 94.0% |
| % of calls answered within 3 minutes (In‑custody) | Quarterly | Q3 2019/20 | 80.0% | 64.0% | 68.0% |
| % of calls answered with 20 minutes (L2) | Quarterly | Q3 2019/20 | 80.0% | 63.0% | 65.0% |
| Overall client satisfaction ‑ % of positive responses (email) | Annual | Q4 2018/19 | 80.0% | 80.7% | 80.7% |
| Overall lawyer satisfaction ‑ % of positive responses | Annual | Q3 2019/20 | 60.0% | 52.0% | 43.0% |
LAO statement of operations
| Revenue | PY YTD actual Dec. 2018 ($M) | PY YTD actual Dec. 2019 ($M) |
|---|---|---|
| Revenue | ||
| Government funding | $330.5 | $258.9 |
| Law Foundation | $56.0 | $78.7 |
| Other revenue | $8.8 | $10.2 |
| Total revenue | $395.3 | $347.8 |
| Core business expenses | ||
| Certificate costs | $165.9 | $166.1 |
| Client service offices | $14.4 | $14.3 |
| Clinic program | $73.4 | $69.4 |
| Duty counsel program | $42.3 | $41.3 |
| Service innovation | $1.8 | $1.8 |
| Total core business expenses | $297.8 | $292.8 |
| Operating expenses | ||
| Service provider support | $4.9 | $4.8 |
| Administrative expenses | $27.2 | $25.7 |
| Other expenditures | $1.6 | $3.2 |
| Program support | $19.4 | $17.8 |
| Total operating expenses | $53.0 | $51.5 |
| Total expenditures | $350.8 | $344.3 |
| Surplus / (deficit) before other corporate expenditures / savings | $44.5 | $3.5 |
Due to rounding, the numbers may not add up precisely to the totals provided.