Rowbotham applications

The Ministry of the Attorney General has implemented a faster process for applications for state funded counsel Rowbotham orders—for applicants who have counsel assisting them and whose applications will be heard at the Superior Court of Justice.

The client must meet the following conditions to be considered:

• The client must have exhausted all of their legal aid appeals.
• The client is facing serious and complex charges.
• The legal matter is proceeding in one of the pilot locations in Superior Court.
• The client’s immediate family is unable to fund legal services.
• The client already has a lawyer
• The prosecuting Crown is seeking a term of imprisonment
• LAO has identified the client as potentially eligible for this pilot program and has advised the client’s lawyer.

Forms

Consent and waiver to Legal Aid Ontario to release information
Upon receipt from the client of this form, LAO will release the client’s file to the client’s lawyer.

Acknowledgement from counsel authorising legal aid to release information
If the client is not available to sign a consent to release the file to a lawyer, then the lawyer can request that LAO release the file to the client’s counsel.

Application for state funded counsel
Before an application for state funded counsel can begin, all legal aid application and appeal processes must be complete. To start an application for state funded counsel, the application form, together with copies of the documents and other forms to support the application, must be completed.

Questions

If you would like more information, please send in your request to LAO’s General Case Management Office via gencasemgmt@lao.on.ca