Frequently Asked Questions: Criminal and family duty counsel service guides
- What are duty counsel service guides?
- What is the financial eligibility threshold for duty counsel services?
- Will there be asset testing?
- Will financial testing be required for all clients or services?
- Are there other eligibility criteria for duty counsel services?
- Will court-based LAO staff take certificate applications to support the updated service guides or expanded financial eligibility thresholds?
- Do the service guides describe all services provided by duty counsel offices, or are there others not listed?
- Why have judicial pre-trials and settlement conferences been added to the service guides?
- How are duty counsel services delivered?
- Have other questions?
What are duty counsel service guides?
Criminal and family duty counsel service guides were developed to provide a quick “at a glance” guide to LAO’s court-based services. The guides outline the baseline services that duty counsel offices deliver, whether a financial eligibility test applies, and services that are not provided by duty counsel but may be covered on a legal aid certificate. The service guides provide high level, concise information in an easy to read and understand format.
The updated service guides are effective as of March 31, 2025.
What is the financial eligibility threshold for duty counsel services?
Legal Aid Ontario has expanded its financial eligibility thresholds to help more low-income Ontarians access legal aid services.
Below are the updated duty counsel financial eligibility thresholds effective March 3, 2025.
| Family size | Previous income thresholds for criminal and family duty counsel | Expanded income thresholds for criminal and family duty counsel |
|---|---|---|
| Single boarders | $12,330 | $45,440 |
| 1 | $22,720 | $45,440 |
| 2 | $32,131 | $45,440 |
| 3 | $39,352 | $45,440 |
| 4 | $45,440 | $45,440 |
| 5+ | $50,803 | $50,803 |
Will there be asset testing?
Yes. Duty counsel will test for assets in all areas of service. Effective March 3, 2025, the asset threshold will be $15,000, regardless of family size.
Will financial testing be required for all clients or services?
Yes. However, the clients and services below will be considered eligible:
- in-custody clients,
- youth clients,
- urgent motions (without notice), and
- first appearance on a child protection matter.
Are there other eligibility criteria for duty counsel services?
Yes. Legal eligibility criteria will continue to apply to all duty counsel services.
Duty counsel assistance generally applies to early and resolution-oriented stages of criminal, family, and child protection matters. Duty counsel do not assist with trial negotiations, pre-trial applications, preliminary hearings, discovery, or trials.
Will court-based LAO staff take certificate applications to support the updated service guides or expanded financial eligibility thresholds?
No. Duty counsel and legal aid workers will not be taking certificate applications, subject to limited exceptions for urgent matters and highly vulnerable clients.
To apply for a legal aid certificate, summary legal advice, or to learn about lawyer assisted applications, clients may call LAO’s Contact Centre at 1‑800‑668‑8258. The Contact Centre is open Monday to Friday from 8 a.m. to 5 p.m. (EST).
Clients can apply for legal aid certificates online, in certain circumstances, using the client portal at client.legalaidonline.on.ca.
Clients may also be assisted by their lawyer and/or third-party service providers to apply for a legal aid certificate through our assisted application process.
For general information, clients can send a message to a live agent through our chat feature at www.legalaid.on.ca.
To learn more about how to apply for a legal aid certificate, please visit www.legalaid.on.ca/services/how-do-i-apply-for-legal-aid/.
Do the service guides describe all services provided by duty counsel offices, or are there others not listed?
The guides set out baseline services that clients can expect to receive from duty counsel offices across the province. The full scope of services may vary based on location, particular need, and resources available. Please confirm available services with the local manager of legal services.
Why have judicial pre-trials and settlement conferences been added to the service guides?
Duty counsel will be providing these services in order to help more clients resolve their legal matters. There has been an increasing demand for duty counsel assistance with judicial pre-trials and settlement conferences in the face of significant court backlog. Duty counsel will assist eligible individuals with resolution-focused negotiations. They will not participate in discussions about trial estimates, witnesses, pre-trial applications, or attend trial management conferences.
To provide meaningful assistance at judicial pre-trials and settlement conferences, duty counsel require clients to contact them in advance, whenever possible. Duty counsel also require access to relevant materials in advance (i.e. disclosure, continuing record, etc.).
How are duty counsel services delivered?
Duty counsel services are delivered by interprofessional teams of lawyers (staff and per diems), paralegals and Legal Aid Workers:
- in-person at local courthouses,
- virtually by video, or
- by telephone.
Clients and stakeholders may contact their local duty counsel office to confirm service modes and options. To find a duty counsel office, please visit www.legalaid.on.ca/duty-counsel-offices.
Have other questions?
Please contact the local manager of legal services or Director General in your area with any other questions.