For mental health lawyers
Information for lawyers working on legal aid cases for clients with mental health or addiction issues.
If you are working with clients experiencing mental health or addiction issues, we have information and resources available to help you assist them.
Ontario Review Board (ORB) and Consent and Capacity Board (CCB) matters
- Modified merit test for CCB appeals: details about the two‑stage merit test.
- Merit consideration guide for CCB appeals: a guide to help lawyers in their assessment of merit and a primer on CCB related law.
- Modified merit test for ORB appeals: details about the two‑stage merit test. (beginning July 7, 2019)
Guardianship/Substitute Decision Act (SDA) related matters as of July 7, 2019
Legal aid certificate services are available for unrepresented incapable persons in Superior Court when the court directs the Public Guardian and Trustee to arrange for a lawyer, under Section 3 of the SDA.
Legal aid services are subject to financial eligibility testing. Please follow up with your legal aid district office if you have a client in need of a guardianship related certificate.
- Consent and capacity board standards: what experience you need to be authorized to provide CCB services.
- Consent and capacity board legal services application form.
- Criminal law standards: what experience you need to be authorized to provide criminal legal aid services.
- Criminal application form. Authorization to provide crimina legal aid services also enables counsel to accept certificates for ORB representation.
Projects and programs
- The Mental Health Strategy for Legal Aid Ontario: Legal Aid Ontario’s blueprint for prioritizing, expanding and sustaining mental health rights and advocacy in Ontario’s legal system.
- Legal Aid Ontario’s Mental Health Strategy resource page.
- Mentorship opportunities at Legal Aid Ontario.
Manuals and training
- Criminal mental health training manual: training for lawyers with clients who have criminal mental health issues.
- Mental health training for criminal law practitioners: video & training session library. You must be a registered service provider and logged into LAO LAW to access this training.
- Mental health training for family law practitioners: video & training session library. You must be a registered service providerand logged into LAO LAW to access this training.
Accounts and billing
- All you need to bill us for services.
Research and resources
- LAO Law: Legal Aid Ontario’s research department. You must be a registered service provider to use this service.
Stage 1 (mandatory): In assessing the sufficiency of merit, an LAO staff lawyer will consider whether the legal grounds of appeal have a reasonable likelihood of success. In determining likelihood of success, consideration will be given to the strength of the legal arguments…
First stage (mandatory) In the first stage a LAO staff lawyer will address whether there is sufficient legal merit to warrant the funding of the Consent and Capacity Board (CCB) appeal. In assessing the sufficiency of merit, the LAO staff lawyer will consider whether the…