74. Any person in respect of whom legal aid has been refused or withdrawn, from whom the repayment of legal aid costs is required or who wishes to contest the amount of the contribution payable may, within 30 days of the decision of the director general, apply for a review by the committee formed under paragraph k of section 22. The application shall be decided by a committee of three members, including at least one advocate, except in the case of an application regarding a decision made under subparagraph a of the first paragraph of section 70, which shall be decided by a single member, who must be an advocate. An application for review releases the applicant’s advocate and the director general from their obligation of professional secrecy with regard to the review committee and its delegate.
Where the decision reviewed concerns a refusal or withdrawal of legal aid, the director general shall, in urgent cases, issue a conditional certificate of eligibility for the performance of conservatory acts necessary for the preservation of the rights of the person applying for the review. Where such a certificate is issued, the review shall be conducted by preference.
Where it is decided that the applicant is not eligible for legal aid,
(1) the advocate or notary of the person having applied for the review, if not in the employ of a legal aid centre or the Commission, must recover the fees and expenses relating to the conservatory acts he has performed from that person;
(2) the person having applied for the review is required, if conservatory acts have been performed by an advocate or notary in the employ of a legal aid centre or the Commission, to repay the cost of the legal aid received, in accordance with the provisions of Division VI.1.
1972, c. 14, s. 74; 1996, c. 23, s. 39; 2010, c. 12, s. 25; 2020, c. 12, s. 16511.