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LAO Client Portal
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      • Getting help at court (duty counsel)
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Discretion guidelines

Discretion guidelines for specific areas of the law

Criminal Law

Approved discretion guidelines
Results obtained
  • All charges withdrawn as a result of lawyer’s actions
  • Discharge of all charges at preliminary hearing as a result of lawyer’s actions
  • Acquittal of all charges at trial as a result of lawyer’s actions
  • Sentence significantly reduced as a result of lawyer’s actions
  • Material contribution to an outcome that is precedent-setting and that affects the administration of justice in favour of the defendant
Complexity of the matter
  • Novel legal issue or unusual factual situation
  • Rare motion – e.g., third-party records, recusal motion, mistrial
  • Forensic/expert evidence
  • Client’s special needs – e.g., mental illness (unique proceedings)
  • Characteristics of witness – e.g., child witness (testimonial capacity)
Other relevant factors
  • Defence facing exceptional Crown/prosecutorial resources
  • Disclosure
  • Extended sentencing hearing
  • Timeliness/reduction in appearances
  • High-profile case

Family Law (Support, Custody, Access)

Approved discretion guidelines
Results obtained
  • Motion for interim spousal support – award at high end of spousal support guidelines
  • Motion for interim child support – retroactive to date of application; support ordered where other party stands in loco parentis
  • Parenting time, decision making responsibility: change in decision making and parenting time due to parental alienation
  • Change in interim decision making/ parenting order;
  • Contested order for no parenting time or no contact
Complexity of the matter
  • Client’s special needs – e.g., mental health
  • Contested mobility application affecting where the child will primarily reside
  • Self-employed, imputing income
  • Sexual or serious physical abuse allegations – e.g., criminal charges
  • Hague Convention matters
Other relevant factors
  • Disclosure
  • Forensic/expert evidence
  • Multiple children/ parents/parties
  • Well-funded litigant
  • Timeliness/reduction in appearances through mediated/negotiated settlement

Family Law (Child, Youth and Family Service Act – CYFSA)

Approved discretion guidelines
Results obtained
  • Protection application – child deemed not in need of protection
  • Motion – care and custody – child deemed not in need of protection
  • Motion – summary judgment on extended society care application – successfully defended and/or costs awarded
  • Status review – resolution from extended society care to supervision order
Complexity of the matter
  • Child or parent special needs – e.g., mental illness, addiction
  • Sexual or serious physical abuse allegations – e.g., criminal charges
  • Indigenous factors, band issues
Other relevant factors
  • Disclosure
  • Forensic/expert evidence
  • Multiple children/ parents/parties
  • Well-funded litigant
  • Timeliness/reduction in appearances through mediated/negotiated settlement


Refugee Law

Approved discretion guidelines
Results obtained
  • Successful refugee claim – Immigration and Refugee Board success rate of 20 per cent or less
Complexity of the matter
  • Novel claims – e.g., transgender
  • Exclusion
  • Multiple countries of citizenship
  • Ministerial Intervention
Other relevant factors
  • Young person
  • Domestic violence
  • Mental illness
  • Illiteracy
  • Expert witness
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