Roster minimum experience requirements: Duty counsel

For a complete understanding of our minimum experience requirements, carefully read our minimum experience requirements amendments document.

DIVISION 1
DUTY COUNSEL AUTHORIZATIONS — GENERAL

Validity period

19 (1) An authorization to provide duty counsel services is valid for 24 months from the day on which it is approved.

(2) On request of the roster member, the Corporation may renew the authorization on its expiry for a further 24 months.

(3) If the roster member does not request the renewal of their authorization before it expires, the authorization is revoked.

(4) The Corporation may revoke an authorization at any time during the provisional period described in section 21.

(5) Before an authorization is renewed under subsection (2) or revoked under subsection (3) or (4), the Corporation may carry out an evaluation of the roster member’s performance during the period of the authorization, in accordance with section 22.

(6) A roster member whose authorization is revoked under subsection (3) or (4) may only reapply for a further authorization to provide duty counsel services if at least 12 months have elapsed since the revocation.

Factors for refusal

20 (1) Notwithstanding that a roster member meets the minimum experience requirements set out in Division 2 or 3, the Corporation may refuse to grant an authorization to provide duty counsel services, or to renew such an authorization, if the Corporation has determined that there is already a sufficient number of authorized roster members to meet local demands.

(2) In making its decision to grant or renew an authorization, the Corporation may consider other related factors, including but not limited to the following:

1. the local conditions, including overall staffing and the per-diem requirements of the particular Court;
2. the needs of the clients in the district or part of a district;
3. budgetary or financial factors.

Provisional period

21 A roster member’s authorization to provide duty counsel services in an area of law is subject to a provisional period of at least four months, or until such time as the roster member has completed five duty counsel shifts in that area of law, whichever is longer, in either of the following circumstances:

1. it is the first time that the roster member is authorized to provide duty counsel services in that area of law;

2. the roster member was previously authorized to provide duty counsel services in that area of law but did not receive a successful evaluation at the time their previous authorization was revoked under subsection 19(3) or (4).

Evaluation

22 The Corporation may evaluate a roster member’s performance by taking the following factors into account in its decision to renew or revoke the roster member’s authorization, including but not limited to the following factors:

1. the roster member’s ability to provide high-quality duty counsel services, including their knowledge of substantive law, legal procedure and the specific needs of legally aided clients;

2. the roster member’s conduct as duty counsel, including their compliance with the Corporation’s policies, procedures and administrative requirements;

3. the roster member’s ability to manage a high volume of clients, their client relations and the quality of service they provided;

4. the roster member’s punctuality and availability to provide duty counsel services;

5. the roster member’s ability to utilize the Corporation’s data management and other software;

6. the roster member’s conduct when providing certificate services, including their history in respect of compliance, investigations, audits and complaints.

DIVISION 2
DUTY COUNSEL

Minimum experience — Criminal Court (Adult) and Criminal Court (Youth) Duty Counsel

23 To be authorized to provide legal aid services as duty counsel in criminal court (adult) and criminal court (youth), a roster member must be authorized in accordance with Division 1 of Part 2 to provide certificate services in general criminal law and must have completed the following minimum experience within the last three years before applying for the authorization:

1. three contested judicial interim release hearings;
2. three guilty pleas or criminal trials;
3. three criminal sentencing hearings;
4. six hours of Continuing Professional Development in criminal law.

Minimum experience — Family Court Duty Counsel and Advice Lawyer

24 To be authorized to provide legal aid services as duty counsel and advice lawyer in family court, a roster member must be authorized in accordance with Division 1 of Part 3 to provide certificate services in family law and must have completed the following minimum experience within the last three years before applying for the authorization:

1. representation at two or more family law trials or contested family law matters;

2. representation at two or more child protection hearings;

3. representation at two or more Family Responsibility and Support Arrears Enforcement Act, 1996 enforcement proceedings;

4. preparation of two or more family law motions, applications or pleadings or any combination of them;

5. representation at two or more family law motions;

6. negotiation of two or more family matters to settlement, including drafting of Minutes of Settlement;

7. representation of clients who face domestic violence, including by representation of such clients in five family law matters in which the client has disclosed domestic violence;

8. six hours of Continuing Professional Development in family law.

DIVISION 3
DUTY COUNSEL — ADVICE LAWYERS

Minimum requirements — domestic violence advice lawyer

25 To be authorized to provide legal aid services as a domestic violence advice lawyer, a roster member must meet the following minimum requirements within the last three years before applying for the authorization:

1. be authorized to provide certificate services

   1. in family law in accordance with Division 1 of Part 3, or
   2. in general immigration and refugee law in accordance with Division 1 of Part 4;

2. have represented clients in five family law matters or five general immigration and refugee law matters, as applicable, in which the client has disclosed domestic violence.