Roster minimum experience requirements: Criminal law

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

DIVISION 1
CRIMINAL LAW — GENERAL

Minimum experience

4 (1) To be authorized to provide certificate services in general criminal law, a roster member must have completed at least 20 criminal law files within the last three years before applying for authorization, including at least three contested trials, preliminary inquiries or appeals or any combination of them.

(2) A roster member who has been certified as a specialist in criminal law by the Law Society of Ontario is considered to have met the minimum experience requirements.

(3) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in general criminal law matters published on the Corporation’s website;

   and

2. in their application, attest that they have reviewed those materials.

DIVISION 2
CRIMINAL LAW — EXTREMELY SERIOUS MATTERS

Definition of “extremely serious matter”

5 (1) In this Part, “extremely serious matter” means

1. a youth or adult trial or appeal in relation to any of the following offences:

   1. any offence of culpable homicide,
   2. any offence for which the Criminal Code provides a mandatory minimum sentence of four years or more,
   3. any offence related to terrorism set out in Part II.1 of the Criminal Code;

2. a dangerous offender application; or

3. an extradition hearing in relation to anything listed in clause (a) or (b).

(2) To be authorized to provide certificate services in extremely serious matters, a roster member must be authorized in accordance with section 4 to provide certificate services in general criminal law, without having had any conditions or requirements imposed on their authorization under subsection 27(5) of the Rules.

(3) A roster member whose authorization is conditional within the meaning of section 3 may not provide certificate services in extremely serious matters.

(4) Despite subsection (3), a roster member whose authorization is conditional may be authorized to provide certificate services in extremely serious matters if the Corporation determines that it is necessary for the roster member to be so authorized in order to meet the Corporation’s operational needs or the needs of the district or part of a district where the services are to be provided.

Minimum experience

6 (1) A roster member must have the following minimum experience before applying for authorization to provide certificate services in extremely serious matters:

1. at least five years of practice restricted to criminal law;

2. all of the following experience:

   1. conducted 100 days of contested trials or contested preliminary inquiries,
   2. acted as counsel, co-counsel or junior counsel on at least one jury trial,
   3. conducted at least five voir dires with issues of similar fact, statements, hearsay or expert evidence,
   4. conducted at least five contested Charter applications related to disclosure, search and seizure, detention or arrest, right to counsel, section 11(b) or abuse of process.

(2) A roster member who has been certified as a specialist in criminal law by the Law Society of Ontario is considered have met the minimum experience requirements.

(3) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in extremely serious criminal law matters published on the Corporation’s website; and

2. in their application, attest that they have reviewed those materials.

DIVISION 3
GLADUE SERVICES

Definition of “Gladue services”

7 In this Division, “Gladue services” means certificate services in general criminal law provided to clients who self-identify as Indigenous.

Minimum experience

8 (1) To be authorized to provide Gladue services, a roster member must be authorized in accordance with section 4 to provide certificate services in general criminal law.

(2) The roster member must satisfy the Corporation in their application that they are familiar with the resources available for Indigenous clients in the local area where the authorized Gladue services are to be provided.

(3) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in Gladue matters published on the Corporation’s website; and

2. in their application, attest that they have reviewed those materials.