A-14 - Act respecting legal aid and the provision of certain other legal services

Section 4.5 Disposition versions

2010-09-07

4.5. In criminal or penal matters, legal aid shall be granted, in first instance,

(1)  for the defense of a person facing prosecution before a court for an indictable offence under an Act of the Parliament of Canada;

(2)  for the defense of a young person facing proceedings before a court under the Youth Criminal Justice Act (S.C. 2002, c. 1);

(3)  for the defense of a person, other than a young person, facing prosecution before a court for an offence under an Act of the Parliament of Canada that is punishable on summary conviction, or for the defense of a person, whether an adult or a person under 18 years of age, facing prosecution before a court under the Code of Penal Procedure (chapter C-25.1) where, in either case, upon conviction there is likelihood either of imprisonment or committal to custody, or of loss of means of earning a livelihood or where it is in the interests of justice that legal aid be granted to the accused, having regard to exceptional circumstances, for instance the seriousness of the matter or the complexity of the case;

(4)  for the defense of a person facing, before a court, an application for an order of imprisonment under article 346 of the Code of Penal Procedure or an application for a warrant of committal under section 734.7 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46); or

(5)  for the defense of a person facing proceedings before a court under the Extradition Act (S.C. 1999, c. 18).

1996, c. 23, s. 6; 2010, c. 12, s. 9.

1996-09-26

4.5. In criminal or penal matters, legal aid shall be granted, in first instance,

(1)  for the defense of a person facing prosecution before a court for an indictable offence under an Act of the Parliament of Canada;

(2)  for the defense of a young person facing proceedings before a court under the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1);

(3)  for the defense of a person, other than a young person, facing prosecution before a court for an offence under an Act of the Parliament of Canada that is punishable on summary conviction, or for the defense of a person, whether an adult or a person under 18 years of age, facing prosecution before a court under the Code of Penal Procedure (chapter C-25.1) where, in either case, upon conviction there is likelihood either of imprisonment or committal to custody, or of loss of means of earning a livelihood or where it is in the interests of justice that legal aid be granted to the accused, having regard to exceptional circumstances, for instance the seriousness of the matter or the complexity of the case;

(4)  for the defense of a person facing, before a court, an application for an order of imprisonment under article 346 of the Code of Penal Procedure or an application for a warrant of committal under section 734.7 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46); or

(5)  for the defense of a person facing proceedings before a court under the Extradition Act (Revised Statutes of Canada, 1985, chapter E-23) or the Fugitive Offenders Act (Revised Statutes of Canada, 1985, chapter F-32).

1996, c. 23, s. 6.