Thirtieth Annual Report

NOVA SCOTIA

LEGAL AID COMMISSION

2006/2007 TABLE OF CONTENTS

MANDATE ...... 1

STRUCTURE ...... 2

NOVA SCOTIA LEGAL AID COMMISSION CONTACTS ...... 3

BOARD OF DIRECTORS...... 4

STANDING COMMITTEES ...... 5

OFFICE LOCATIONS...... 6

STAFF COMPLEMENT ...... 8

EXECUTIVE DIRECTOR'S REPORT...... 9

FINANCIAL ELIGIBILITY TABLE ...... 14

STATISTICAL TABLES:

 APPLICATIONS RECEIVED BY METHOD OF SERVICE ...... 15

 APPLICATIONS RECEIVED BY AREA OF LAW ...... 16

 MATTERS COMPLETED ...... 17

 MATTERS COMPLETED BY AREA OF LAW ...... 18

 NUMBER OF FULL SERVICE MATTERS COMPLETED...... 19 (Adult Criminal)

 NUMBER OF FULL SERVICE MATTERS COMPLETED ...... 20 (Young Person Criminal) TABLE OF CONTENTS

 NUMBER OF FULL SERVICE MATTERS COMPLETED ...... 21 (Provincial/Family/Civil)

 CERTIFICATES COMPLETED BY PRIVATE LAWYERS ...... 22

 AFTER HOURS TELEPHONE DUTY COUNSEL ...... 23

 RECIPROCALS ...... 24

AUDITOR GENERAL: FINANCIAL STATEMENTS ...... 25

DEFINITION OF TERMS AS USED IN ANNUAL REPORT...... 39 MANDATE

The mandate of the Nova Scotia Legal Commission, in so far as Government funding permits, is:

(a) To deliver quality legal representation to qualified applicants with priority for matters involving the liberty and civil rights of individual clients and for matters involving the integrity and protection of an individual's family.

(b) Such other legal services as Government may contract with the Commission to provide to individuals or groups.

1 2006/2007 NOVA SCOTIA LEGAL AID COMMISSION STRUCTURE LEGISLATIVE AUTHORITY

Legal Aid Act 1989, R.S.N.S., c. 252

Attorney General/Minister of Justice s.6(2), 9(5), 11(2)

Nova Scotia Legal Aid

Commission

Chairperson (1) Directors (16)

Executive Director s.14(2)

MANAGEMENT

Executive Director Executive Committee

Appeal Commission Chief Financial Committee Secretary/Executive Staff Directors Officer Assistant (3) Administration Office (7)

Managing Lawyers (14)

SERVICE

Staff Lawyers (72) Certificates Completed (includes 14 Managing Lawyers) (3,235) Funding to Dalhousie Legal Support Staff (52.2) Aid Service $69,000 Articled Clerks (4)

2 NOVA SCOTIA LEGAL AID COMMISSION

CONTACTS

T. GERARD LUKEMAN, Q.C. Executive Director Nova Scotia Legal Aid Commission 102-137 Chain Lake Drive Halifax, NS B3S 1B3 (902) 420-6573 (902) 420-3471 Facsimile

WALTER I. YEADON ANNE MALICK, Q.C. Director Director Nova Scotia Legal Aid Commission Nova Scotia Legal Aid Commission 102-137 Chain Lake Drive 102-523 Prince Street Halifax, NS B3S 1B3 Truro, NS B2N 1E8 (902) 420-6573 (902) 893-5920 Truro (902) 420-3471 Facsimile (902) 420-6573 Halifax (902) 893-6112 Facsimile

KAREN HUDSON JENNIFER CAIN, C.A. Director Chief Financial Officer Nova Scotia Legal Aid Commission Nova Scotia Legal Aid Commission 2830 Agricola Street 102-137 Chain Lake Drive Halifax, NS B3K 4E4 Halifax, NS B3S 1B3 (902) 420-3450 (902) 420-6594 (902) 420-2873 Facsimile (902) 420-3471 Facsimile

BOARD OF DIRECTORS AS OF MARCH 31, 2007

Name Location Term Expires Representing

Vincent B. MacDonald Halifax October 27, 2007 Justice

Linda Tippett-Leary Halifax October 27, 2007 Bar Society

Shanta Dhir Truro October 27, 2007 Justice

Frank Gillis, Q.C. Glace Bay December 2, 2007 Justice

M. Joseph Rizzetto Sydney February 10, 2008 Bar Society

Hugh Robichaud Yarmouth May 26, 2008 Bar Society

Donald G. Harding, Q.C. (Chair) Shelburne March 29, 2009 Justice

Glenn Joudrey Kingston March 29, 2009 Justice

David F. Curtis, Q.C. Truro March 29, 2009 Bar Society

Frank E. DeMont New Glasgow March 29, 2009 Bar Society

Christopher Manning Kentville March 29, 2009 Bar Society

James Chipman Halifax March 29, 2009 Justice

Patrick J. Murray, Q.C. Sydney April 27, 2009 Justice

Trinda Ernst, Q.C. Kentville June 21, 2009 Bar Society

Vacancy - - Justice

Clarence Guest Halifax - Public Service

Lynn C. Hartwell Halifax - Public Service

4 STANDING COMMITTEES AS OF MARCH 31, 2007

APPEAL

James Chipman Vincent B. MacDonald Frank DeMont Christopher Manning Shanta Dhir M. Joseph Rizzetto Glenn Joudrey Hugh Robichaud

BUDGET David F. Curtis, Q.C. (Vice-Chair) - Chair T. Gerard Lukeman, Q.C. (Executive Director) Clarence Guest Walter I. Yeadon (Director) R. Gordon Murray, Q.C. Anne Malick, Q.C. (Director) Patrick J. Murray, Q.C. Karen Hudson (Director) Donald G. Harding, Q.C. (Chair) Resource – Jennifer Cain, CA Lynn C. Hartwell (Chief Financial Officer)

EXECUTIVE Donald G. Harding, Q.C. (Chair) Karen Hudson (Director) T. Gerard Lukeman, Q.C.(Ex. Director) Resource – Jennifer Cain, CA Walter I. Yeadon (Director) (Chief Financial Officer) Anne Malick, Q.C. (Director) Resource – Lisa Stokkeskog R. Gordon Murray, Q.C. (Commission Secretary)

ELIGIBILITY REVIEW COMMITTEE Executive Committee Members Frank G. Gillis, Q.C. Glenn Joudrey Linda Tippett-Leary Trinda Ernst, Q.C.

5 OFFICE LOCATIONS AS OF MARCH 31, 2007

Amherst Kentville P.O. Box 262, 55 Church Street 325 Main Street, Salon B Amherst, NS B4H 3Z2 Kentville, NS B4N 1K5 (902) 667-7544 /(902) 667-0030 Fax (902) 679-6110 /(902) 679-6177 Fax 1-866-999-7544 Toll-Free 1-866-679-6110 Toll-Free

Annapolis Royal New Glasgow P.O. Box 188, 253 St. George Street 116 George Street Annapolis Royal, NS B0S 1A0 New Glasgow, NS B2H 2K6 (902) 532-2311/(902) 532-7488 Fax (902) 755-7020 /(902) 752-8733 Fax 1-866-532-2311 Toll-Free 1-877-755-7020 Toll-Free

Antigonish Sydney 273 Main Street 401-15 Dorchester Street Antigonish, NS B2G 2C3 Sydney, NS B1P 5Y9 (902) 863-3350 /(902) 863-7598 Fax (902) 563-2295 /(902) 539-0489 Fax 1-866-439-1544 Toll-Free 1-877-563-2295 Toll-Free

Bridgewater Truro 724 King Street 102-523 Prince Street Bridgewater, NS B4V 1B6 Truro, NS B2N 1E8 (902) 543-4658 /(902) 543-3044 Fax (902) 893-5920 /(902) 893-6112 Fax 1-866-543-4658 1-877-777-5920

Dartmouth Windsor 300-99 Wyse Road P.O. Box 760, 151 Wentworth Road, Suite 2 Dartmouth, NS B3A 4S5 Windsor, NS B0N 2T0 (902) 420-8815 Family/Civil (902) 798-8397 /(902) 798-8345 Fax (902) 420-8818 Criminal 1-866-798-8397 Toll-Free (902) 420-6562 Fax 1-877-420-8818 Toll-Free Yarmouth P.O. Box 163, 101 Water Street Halifax-South Yarmouth, NS B5A 4B2 400-5475 Spring Garden Road (902) 742-7827 /(902) 742-0676 Halifax, NS B3J 3T2 1-866-742-3300 Toll-Free (902) 420-6583 / (902) 420-1260 Fax 1-877-777-6583 Toll-Free

6 Halifax-North 2830 Agricola Street Halifax, NS B3K 4E4 (902) 420-3450 / (902)420-2873 Fax 1-866-420-3450 Toll-Free

HRM Youth and Duty Counsel 401-5475 Spring Garden Road Halifax, NS B3J 3T2 (902) 420-7800/(902) 428-5736 Fax

Sydney Duty Counsel 402-15 Dorchester Street Sydney, NS B1P 5Y9 (902) 539-7026/(902) 539-3058 Fax

Port Hawkesbury Please note that for the purposes of this Port Hawkesbury Justice Center Annual Report, case load statistics for 302-15 Kennedy Street the Port Hawkesbury Office continue to Port Hawkesbury, NS B9A 2Y1 be reported under the Antigonish Office. (902) 625-4047/(902) 625-5216 Fax 1-888-817-0116 Toll-Free

Sub-Office Liverpool – (902) 354-3215 contact BW

Office of the Executive Director Nova Scotia Legal Aid Commission 102-137 Chain Lake Drive Halifax, NS B3S 1B3 (902) 420-6573/(902) 420-3471 Fax 1-877-420-6578 Toll-Free

7 NSLA STAFF COMPLEMENT AS OF MARCH 31, 2007

OFFICE Exec. Staff Lawyers Admin. Legal Chief Prison Youth Court Library MIS Article Total Dir. Dir. Support Assistants Financial Liaison Support Workers Clerks Officer 11 Administration 1 1 6 1 1 1

Amherst 3 3 1 7

Annapolis Royal 2 2 4

Antigonish 2.5 2 4.5

Bridgewater 4 3 7

Dartmouth 9 6 1 16

Halifax South 9 5 14

Halifax North 1 5 5 1 12

Kentville 4 3 7

New Glasgow 4 3 7

Port Hawkesbury 2.5 2 4.5

Sydney 10 6 1 17

Truro 1 3 3 7

Windsor 2 2 4

Yarmouth 3 2.6 1 6.6

HRM Youth & Duty 5 3 2 10 Counsel

SAC Duty Counsel 2 2

Sydney Youth & Duty 2 1.6 2 5.6 Counsel

TOTALS 1 3 72 6 52.2 1 1 4 1 1 4 146.2

8 EXECUTIVE DIRECTOR'S REPORT

It is my pleasure to present the Thirtieth (30th) Annual Report of the Nova Scotia Legal Aid Commission.

This Report is intended to provide to the reader information on the work of the Commission and its staff in the delivery of the Nova Scotia Legal Aid Program. As well, the Report is an opportunity to share with you some of the changes we have experienced this past year.

Ann Copeland

This year we experienced the loss of a good friend and co-worker on December 21, 2006 when Ann Copeland of our Dartmouth Office passed away. Ann articled with Legal Aid and was admitted to the Bar of Nova Scotia in August 1987. She was then hired as a staff lawyer by the Metro Community Law Clinic which subsequently became our Halifax North Office. In January 2001, she transferred to the Dartmouth Office of Legal Aid.

Throughout her career, her passion was the practice of criminal law. Her colleagues at the Bar and the many clients she represented would readily agree that her skills as a lawyer, which were formidable, were only exceeded by her keen desire to assist her clients. Ann’s compassion for and easy manner with her clients were the hallmarks of her practice.

Ann will be deeply missed by her Legal Aid co-workers, her colleagues at the Bar, the many judges she appeared before, and the numerous clients she represented.

New Office Opened

For many years, the Commission’s Legal Aid Office in Windsor was sub-standard as measured by the office standards of today. After much searching, the Commission was successful in locating new premises in Windsor which have been designed to provide appropriate offices for the benefit of both our staff and our clients.

On February 1st, 2007, our new premises opened at 151 Wentworth Road and the staff at Administration was very pleased to be able to support our staff in Windsor by securing new premises for them.

9 New Staff Director

The Commission, on April 21st, 2006, by Resolution appointed Karen Hudson, Managing Lawyer of our Halifax North Office, as a Staff Director. In this role as a member of the Executive Committee, Karen will participate in the central management of our Legal Aid Program. Karen has been employed by the Commission since September 2nd, 1986 in roles of Staff Lawyer and Managing Lawyer. It is my pleasure to welcome Karen to the Executive and I look forward to the benefit of her wide experience and wise counsel.

Computer Equipment Upgrades

Last year, we were successful in upgrading the personal computers used by all our support staff. In the current year, we continued this program by the acquisition of laptop computers for all our Staff Lawyers. At this point, our staff all have modern computers with necessary software (word processing, case management system, on-line legal research) to enable them to effectively carry out their day- to-day roles in delivery of legal aid services.

After Hours Telephone Duty Counsel

The Commission operates, outside usual business hours, a telephone duty counsel system whereby a citizen under arrest or detention may obtain free and immediate legal advice from a lawyer. Most generally, this advice is provided by telephone, although in certain specific cases, arrangements are made to have a lawyer attend at the police station to provide the legal advice face-to-face.

Staff Lawyers employed by the Commission provide the service and receive extra remuneration for this after business hours work.

During the previous year, a difficulty was noted in scheduling volunteers for the long weekends, Easter and Christmas holiday periods. The Commission is required by directive to provide this after hours duty counsel telephone service. As a result, the Commission increased the rates payable for those special holiday occasions.

This has resulted in some improvement in availability of lawyers willing to serve on those occasions. During the next year, it is expected that we will review the various rates we are offering to after hours duty counsel.

10 Federal Funding for Criminal Legal Aid

On March 31st, 2006, a three-year funding Agreement between the Federal Government and Nova Scotia came to an end. It was well along into the current year (2006/2007) before word was received that the Federal Government was extending the Agreement for one year ending March 31st, 2007. The federal funding provided for the Investment Fund for innovative criminal/youth legal aid projects was continued with the same level of funding. As well, the base funding provided under the Agreement was not increased.

However, the Province of Nova Scotia continues to support its legal aid program through provision of the funding necessary to enable the Commission to carry out its mandate to provide a program of quality legal aid services to eligible applicants.

The Department of Justice for Nova Scotia was also successful in having federal funding continue for one further year (2006/2007) for the Summary Advice Counsel project located in Sydney.

Indigenous Blacks and Mi’kmaq (IB&M) Initiative

The Commission is supportive of efforts to recruit and employ graduates of Dalhousie Law School who have participated in the IB&M Initiative. The Commission participated in an employment fair held at the Law School in early 2007. As a result of participation in the employment fair, the Commission has recruited two Initiative participants to work as Articled Clerks. These Clerks will begin their employment with the Commission after they graduate in May 2008.

Increase in Court Sittings – Sydney

Due to a backlog in the three Provincial Courts sitting in Sydney, regular sittings began to be held in front of two judges brought in from Halifax in rotation. This increase in available court time quickly resulted in increased demand for legal aid services to be available.

Our Sydney Legal Aid Office carries the responsibility to provide legal aid to person appearing in all the Sydney Provincial Court sittings. To provide further resources to the Office to handle this workload increase, the Sydney Managing Lawyer was authorized to issue Certificates to private bar lawyers to act for legal aid clients in these extra sittings whenever Staff Lawyers were not available. 11 Thirty-four Certificates were issued for this purpose from October 2006 to March 31st, 2007. These Certificates resulted in those legal aid applicants receiving legal aid in a timely fashion so that they were able to deal with their legal issues in court in an appropriate manner. We continue to monitor the situation to see if extra assistance is required.

Legal Aid Services Provided

The Commission had 34,015 requests for Legal Aid in the year 2006/2007. Of those, 2,419 requests were rejected as being ineligible for Legal Aid. At the year end, 235 individuals were in the process of having their eligibility determined and so are recorded as “Pending Decision”. In the remaining 31,361 requests, the Commission provided these individuals with legal services.

These 31,361 services were provided in the following areas of law:

 we provided 19,434 services to adult individuals facing criminal charges;  we provided 4,305 services to young persons (aged 12 to 17 inclusive) facing criminal charges;  we provided individuals facing charges under Provincial Statutes with 34 services. We rarely provide services for provincial offences except when incarceration is a possibility or the particular circumstances of the individual necessitate such representation;  we provided 7,192 services to individuals facing family law problems with a priority being placed on child protection matters and custody disputes; and,  we provided 300 services to individuals with a variety of civil legal issues.  with our After Hours Telephone Duty Counsel Service, there were 96 callers for whom information as to whether it was a young person or an adult calling was not collected.

For more details, I would refer you to the information charts provided later in this Annual Report.

In Closing

During this year we noted the retirement of three long-serving members of our staff. Diane Lewis, Youth Court Support Worker, Sydney, retired on June 30 th, 2006 after almost 32 years of service. Luke Wintermans, Staff Lawyer, Sydney, 12 retired on September 30th, 2006, after over 31 years of service and Judy Dickson, Legal Assistant, New Glasgow, retired on October 31st, 2006, after 33 years of service.

We wish these good friends and former co-workers health and happiness wherever their journey may lead them. We thank you for all your work over many years in assisting clients with their legal issues thereby rendering meaningful their access to our justice system.

And Thank You

To all our staff, I express to you my sincere thanks for all your efforts in delivering quality legal aid services to the poor. Without you, the Commission would be unable to fulfill its task of providing such legal aid services. To the Chair of the Commission, Donald G. Harding, Q.C., and all members of the Commission, I thank you for all your support for our legal aid program and, most especially, for your support of the staff members. May we continue to work together to ensure that equal access to the justice system has real meaning in our Province.

T. Gerard Lukeman, Q.C. Executive Director

FINANCIAL ELIGIBILITY TABLE

Legal Aid may be granted to a person on Social Assistance or in an

equivalent financial position where there is merit in providing legal

assistance in certain areas of family/civil and criminal law.

A person is in a position equivalent to that of someone on Social Assistance

when the gross monthly income of the person and his/her spouse, including

common-law spouse, is less than the amount set out below. (Child Tax

Credit is not counted in income) and the person's monthly expenses for

shelter, food, miscellaneous, transportation and the cost of the legal

service requested is greater than the amount set out below. (Maximum

allowance for transportation is $18.00) GROSS GROSS HOUSEHOLD MONTHLY HOUSEHOLD MONTHLY INCOME INCOME

$1067.00 Two Adults $1424.00

$1416.00 and 1 Child $1708.00

$1700.00 and 2 Children $1932.00

$1924.00 and 3 Children $2156.00

$2148.00 and 4 Children $2380.00

$2372.00 and 5 Children $2604.00

and 6 Children $2596.00 and 6 Children $2828.00

and 7 Children $2820.00 and 7 Children $3052.00 Applications Received by Method of Service

From April 1, 2006 to March 31, 2007 with Comparative

Disposition 2006/2007 2005/2006 Change

14 Full Service

Staff Lawyers 12,964 12,146 818 6.7%

Private Lawyers 3,616 3,805 (189) -5.0%

Full Service 16,580 15,951 629 3.9%

Reciprocals - Outgoing 63 71 (8) -11.3%

Summary Service 1,030 1,152 (122) -10.6%

Duty Counsel Staff Duty Counsel 300 200 100 50.0% 3,83 Cells Duty Counsel 4,253 5 418 10.9%

Non-Custodial Duty Counsel 1,730 1,190 540 45%

SAC Duty Counsel 1,403 1,490 (87) -5.8% Business Hours Telephone DC 1,2151,101 114 10.4%

After Hours Telephone DC 4,787 4,416 371 8.4%

Duty Counsel 13,688 12,232 1,456 11.9%

29,40 Accepted Applications 31,361 6 1,955 6.6% 2,40 Rejected Applications 2,419 8 11 0.5% 36 Pending Decision 235 6 (131) -35.8% 32,18 Applications Received by Area of Law

From April 1, 2006 to March 31, 2007

15 Criminal Criminal Disposition Adult Y. P. Provincial Family Civil N/A Total % Full Service Staff Lawyers 7,015 2,364 5 3,416 164 0 12,964 38.1% Private Lawyers 1,485 409 0 1,702 20 0 3,616 10.6% Full Service 8,500 2,773 5 5,118 184 0 16,580 48.7%

Reciprocals - Outgoing 0 0 0 63 0 0 63 0.2%

Summary Service 260 29 19 607 115 0 1,030 3.0%

Duty Counsel Staff Duty Counsel 252 36 10 1 1 0 300 0.9% Cells Duty Counsel 3,535 718 0 0 0 0 4,253 12.5% Non-Custodial Duty Counsel 1,726 4 0 0 0 0 1,730 5.1% SAC Duty Counsel 0 0 0 1,403 0 0 1,403 4.1% Business Hours Telephone DC 1,076 139 0 0 0 0 1,215 3.6% After Hours Telephone DC 4,085 606 0 0 0 96 4,787 14.1% Duty Counsel 10,674 1,503 10 1,404 1 96 13,688 40.2%

Accepted Applications 19,434 4,305 34 7,192 300 96 31,361 92.2%

Rejected Applications 1,132 18 33 1,141 95 0 2,419 7.1%

Pending Decision 143 3 0 86 3 0 235 0.7%

Grand Total 20,709 4,326 67 8,419 398 96 34,015 100.0%

Percent 60.9% 12.7% 0.2% 24.8% 1.1% 0.3% 100.0%

16 Matters Completed From April 1, 2006 to March 31, 2007 with Comparative

Disposition 2006/2007 2005/2006 Change Full Service Staff Lawyers 12,798 12,035 763 6.3% Private Lawyers 3,235 3,564 (329) -9.2% Full Service 16,033 15,599 434 2.8%

Reciprocals - Outgoing 63 71 (8) -11.3%

Summary Service 1,171 1,184 (13) -1.1%

Duty Counsel Staff Duty Counsel 386 177 209 118.1% Cells Duty Counsel 4,333 3,835 498 13.0% Non-Custodial Duty Counsel 1,664 1,190 474 39.9% SAC Duty Counsel 1,403 1,490 (87) -5.8% Business Hours Telephone DC 1,216 1,101 115 10.4% After Hours Telephone DC 4,787 4,416 371 8.4% Duty Counsel 13,789 12,209 1,580 12.9%

Accepted Applications 31,056 29,063 1,993 6.9%

Rejected Applications 2,437 2,502 (65) -2.6%

Pending Applications 0 180 (180) -100.0%

GRAND TOTAL 33,493 31,745 1,748 5.5%

17 Matters Completed by Area of Law From April 1, 2006 to March 31, 2007

Criminal Criminal Disposition Adult Y. P. Provincial Family Civil N/A Total % Full Service Staff Lawyers 7,002 2,425 12 3,175 184 0 12,798 38.2% Private Lawyers 1,310 368 0 1,530 27 0 3,235 9.7% Full Service 8,312 2,793 12 4,705 211 0 16,033 47.9%

Reciprocals - Outgoing 0 0 0 63 0 0 63 0.2%

Summary Service 311 29 19 695 117 0 1,171 3.5%

Duty Counsel Staff Duty Counsel 316 58 10 1 1 0 386 1.2% Cells Duty Counsel 3,590 743 0 0 0 0 4,333 12.9% Non-Custodial Duty Counsel 1,659 5 0 0 0 0 1,664 5.0% SAC Duty Counsel 0 0 0 1,403 0 0 1,403 4.2% Business Hours Telephone DC 1,077 139 0 0 0 0 1,216 3.6% After Hours Telephone DC 4,085 606 0 0 0 96 4,787 14.3% Duty Counsel 10,727 1,551 10 1,404 1 96 13,789 41.2%

Accepted Applications 19,350 4,373 41 6,867 329 96 31,056 92.7%

Rejected Applications 1,094 21 35 1,193 94 0 2,437 7.3%

Pending Applications 0 0 0 0 0 0 0 0.0%

Grand Total 20,444 4,394 76 8,060 423 96 33,493 100%

Percent 61% 13.1% 0.2% 24.1% 1.3% 0.3% 100%

17 Number of Full Service Matters Completed From April 1, 2006 to March 31, 2007

Hfx Hfx HRM Staff Private Full Service Matters AM AR AT BW DR North South YDC KE NG SY TR WI YA Total Lawyer Adult Criminal Homicide 0 0 0 0 0 0 2 0 0 0 3 0 0 0 5 11 Attempted Homicide 0 1 0 0 0 0 2 0 0 0 2 0 0 1 6 12 Robbery 4 4 0 4 12 0 55 0 4 1 5 5 4 1 99 63 Sexual assault 7 13 6 1 7 0 19 1 8 2 14 8 10 6 102 52 Sexual abuse 1 1 0 2 0 0 1 0 0 0 1 0 0 0 6 2 Aggravated assault 5 0 1 4 26 0 49 0 4 3 19 23 4 10 148 41 Assault 63 61 71 63 152 0 401 1 68 73 239 47 81 42 1,362 406 Kidnapping 0 0 0 0 0 0 3 0 0 0 0 0 0 0 3 - Abduction 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 - Arson 2 0 1 0 1 0 3 0 0 3 6 2 2 1 21 4 Weapons/Explosives 3 10 5 5 12 0 41 0 8 3 11 7 11 2 118 20 Break & Enter 20 31 10 26 36 0 72 0 18 10 37 23 15 11 309 114 Fraud/False pretence 12 12 9 35 18 0 67 0 13 26 25 10 25 11 263 32 Theft 36 24 22 42 131 1 453 1 62 45 156 64 44 23 1,104 84 Possession of stolen property 6 7 5 6 15 0 28 0 11 11 27 5 8 4 133 18 Damage/Mischief 10 16 9 20 31 0 48 0 19 14 56 19 15 11 268 28 Prostitution 0 0 0 0 5 0 14 0 0 0 0 2 0 1 22 1 Gaming/Betting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Public order offence 2 1 2 6 2 0 23 0 1 1 8 8 2 0 56 5 Administration of justice 50 0 8 31 1 0 11 0 1 2 34 33 18 0 189 6 Traffic/Import drugs 10 1 4 19 22 0 81 0 14 8 15 11 9 2 196 73 Possession of drugs 8 9 6 16 29 0 47 0 7 13 24 15 10 7 191 16 CC Motor vehicle offence 7 7 8 9 6 0 45 0 3 5 15 4 11 1 121 5 Impaired driving 13 18 27 17 23 0 36 0 13 27 62 12 28 10 286 13 Forgery/Uttering 1 6 4 5 0 0 2 0 6 0 3 0 1 1 29 3 Criminal negligence 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Uttering threats 27 18 14 18 41 0 118 0 19 21 71 16 18 4 385 77 Conspiracy 0 0 0 1 0 0 1 0 0 0 0 0 0 0 2 10 Peace Bond 1 0 1 0 0 0 1 0 1 0 0 1 0 1 6 1 Breach of probation/ Order variation 28 27 82 62 131 0 245 2 56 109 176 25 79 26 1,048 126 Appeal 10 1 1 0 1 0 7 0 2 0 0 1 1 1 25 21 Other 16 30 24 20 30 1 80 0 21 44 51 142 26 13 498 66

Criminal Adult Total 342 298 320 412 732 2 1,955 5 359 421 1,060 484 422 190 7,002 1,310

Full Service Matters AR AT BW DR Hfx Hfx HRM KE NG SY TR WI YA Staff Private 18 AM North South YDC Total Lawyer Young Person Criminal Homicide 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Attempted Homicide 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 2 Robbery 1 0 1 4 0 7 0 49 1 0 2 0 0 0 65 31 Sexual assault 2 0 2 1 0 2 0 6 2 0 8 1 3 3 30 7 Sexual abuse 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Aggravated assault 0 0 0 1 0 23 0 87 0 0 5 1 0 0 117 27 Assault 17 4 10 13 0 13 1 133 22 20 53 7 28 13 334 46 Kidnapping 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 - Abduction 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Arson 2 0 1 3 0 1 0 4 2 2 1 0 3 2 21 - Weapons/Explosives 3 1 1 1 0 5 0 11 1 1 3 1 1 1 30 6 Break & Enter 12 6 2 7 0 10 1 67 8 8 26 6 21 6 180 64 Fraud/False pretence 0 0 0 0 0 0 0 4 0 1 1 1 4 0 11 2 Theft 14 7 5 12 1 13 1 180 29 12 48 8 12 7 349 63 Possession of stolen property 6 1 1 2 0 4 0 26 6 5 7 1 0 2 61 10 Damage/Mischief 11 5 3 9 0 9 0 58 13 9 31 2 12 3 165 20 Prostitution 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 - Gaming/Betting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Public order offence 2 1 1 0 0 4 0 30 0 0 4 1 2 0 45 14 Administration of justice 7 0 1 0 0 1 0 13 1 0 125 5 12 0 165 1 Traffic/Import drugs 0 1 0 1 0 1 1 16 0 2 3 0 0 0 25 4 Possession of drugs 1 1 1 3 0 4 0 18 2 2 5 1 2 1 41 4 CC Motor vehicle offence 0 0 0 2 0 0 0 13 0 0 6 1 0 1 23 2 Impaired driving 0 2 0 0 0 0 0 2 3 0 2 0 0 0 9 - Forgery/Uttering 1 0 0 0 0 2 0 0 1 0 0 0 0 0 4 - Criminal negligence 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 - Uttering threats 7 2 1 4 0 7 0 53 3 4 33 0 7 1 122 17 Conspiracy 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 - Peace Bond 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 - Breach of probation/ Order variation 26 3 8 25 0 7 1 188 30 33 130 2 44 7 504 32 YCJA Transfer 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 - YCJA Review 3 0 0 3 0 0 0 2 0 1 1 0 2 0 12 1 Appeal 1 0 1 0 0 3 0 0 1 0 1 0 0 0 7 1 Other 4 1 3 1 0 2 0 42 6 5 20 1 9 2 96 14 Criminal Young Person Total 120 35 42 92 1 119 5 1,009 131 105 516 39 162 49 2,425 368

Hfx Hfx HRM Staff Private Full Service Matters AM AR AT BW DR North South YDC KE NG SY TR WI YA Total Lawyer

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 1 0 0 0 0 0 0 0 0 0 3 0 4 - 0 1 0 1 0 0 0 0 0 0 0 0 1 1 4 - 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 - 1 0 1 0 0 0 0 0 0 0 0 0 0 1 3 -

1 2 2 1 0 0 0 0 0 0 0 0 4 2 12 0

3 18 19 21 29 29 0 0 21 45 32 4 17 32 270 24 4 32 38 26 40 40 1 0 21 42 55 12 13 35 359 252 41 40 36 30 162 176 0 0 86 62 102 25 39 40 839 377 9 7 27 16 53 62 0 0 12 26 34 31 9 126 302 356 0 0 2 5 0 7 0 0 1 2 2 4 0 3 26 12 45 7 37 54 22 37 0 0 13 49 59 12 4 16 355 174 13 19 33 76 74 68 0 0 55 46 67 35 13 49 548 141 Matrimonial property 0 0 4 0 0 4 0 0 1 15 4 8 2 2 40 14 5 7 5 4 32 31 0 0 20 18 16 16 13 20 187 98 1 0 2 0 0 0 0 0 3 0 0 2 0 0 8 6 0 1 2 0 7 12 0 0 13 2 3 21 1 0 62 5 1 1 1 0 4 1 0 0 4 0 0 0 0 0 12 19 0 1 3 2 7 14 0 0 6 9 4 113 1 7 167 52

122 133 209 234 430 481 1 0 256 316 378 283 112 220 3,175 1,530

0 0 6 0 1 3 1 0 0 1 0 0 0 0 12 2 0 0 9 2 0 6 0 0 0 1 1 0 8 2 29 2 3 0 3 0 0 29 0 0 0 0 1 5 0 0 41 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 2 2 0 5 3 3 7 0 0 2 1 25 0 0 0 48 5 0 0 0 0 0 0 0 0 0 0 0 0 1 1 2 - 2 0 18 1 1 5 0 1 1 2 8 0 9 3 51 15 7 0 41 6 5 50 1 1 3 5 36 5 18 6 184 27

592 468 614 745 1,168 652 1,962 1,015 749 847 1,990 811 718 467 12,798 3,235

19 Certificates Completed by Private Lawyers

From April 1, 2006 to March 31, 2007

Criminal Criminal Office Adult Y. P. Provincial Family Civil Total %

Amherst 62 35 0 57 0 154 4.8%

Annapolis Royal 12 0 0 23 0 35 1.1%

Antigonish 82 11 0 67 4 164 5.1%

Bridgewater 45 14 0 95 1 155 4.8%

Dartmouth 329 2 0 240 5 576 17.8%

Halifax North 0 12 0 281 7 300 9.3%

Halifax South 158 2 0 1 0 161 5.0%

HRM YDC 1 157 0 0 0 158 4.9%

Kentville 50 7 0 75 0 132 4.1%

New Glasgow 51 0 0 83 0 134 4.1%

Sydney 307 96 0 407 4 814 25.2%

Truro 71 4 0 67 0 142 4.4%

Windsor 57 9 0 46 4 116 3.6%

Yarmouth 85 19 0 84 2 190 5.9%

Administration 0 0 0 4 0 4 0.1%

Total 1,310 368 0 1,530 27 3,235 100.0%

Percent 40.5% 11.4% 0.0% 47.3% 0.8% 100.0%

22 AFTER HOURS TELEPHONE DUTY COUNSEL

APRIL 1, 2006 TO MARCH 31, 2007 Criminal Young Month Criminal Adult Unknown Total Person April 358 37 7 402 May 350 57 9 416 June 340 36 1 377 July 397 56 12 465 August 384 55 13 452 September 343 52 10 405 October 334 63 7 404 November 348 52 7 407 December 342 39 11 392 January 269 38 8 315 February 272 69 4 345 March 348 52 7 407 TOTALS 4,085 606 96 4,787

23 RECIPROCALS

APRIL 1, 2006 TO MARCH 31, 2007 2006/2007 2005/2006 Outgoing Incoming Total Outgoing Incoming Total Province Alberta 8 6 14 10 8 18 British 5 4 9 7 5 12 Columbia Manitoba 1 2 3 2 0 2 New 5 4 9 6 5 11 Brunswick Newfoundland 8 5 13 9 4 13 Northwest 0 0 0 0 2 2 Territories Nunavut 0 0 0 0 0 0 Ontario 31 16 47 26 22 48 Prince Edward 2 0 2 3 3 6 Island Quebec 3 5 8 7 0 7 Saskatchewan 0 0 0 1 1 2 Yukon 0 0 0 0 0 0 Outside 0 0 0 0 0 0 Canada TOTALS 63 42 105 71 50 121

24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DEFINITION OF TERMS

Advice – Legal counsel provided to people who require only legal advice but no further legal service.

AM – Amherst Office

After Hours Telephone Duty Counsel - After hours legal advice provided by lawyers.

Applications Pending Decision as to Service – Applications for Legal Aid received in the fiscal year for which a decision has yet to be made.

Applications Received by Method of Service – Applications for Legal Aid received in the fiscal year and how those applications were dealt with.

AR – Annapolis Royal Office

AT – Antigonish Office

BW – Bridgewater Office

Cells Duty Counsel – Legal representation provided by a staff lawyer at the Halifax Provincial Court, Spring Garden Road. This representation is provided to only those individuals detained in cells. The Commission initiated the same service at Dartmouth Provincial Court site, Pleasant Street in February 2001 with a contract lawyer.

Certificate – Contract entered into between the Nova Scotia Legal Aid Commission and a private lawyer to provide legal representation to clients who qualify for Legal Aid services but cannot be represented by the local Nova Scotia Legal Aid Office due to conflicts of interest. Nova Scotia Legal Aid continues to give individuals charged with offences punishable by mandatory life imprisonment (murder) a choice of defence counsel and this results in Certificates being issued to private lawyers as well.

39 DEFINITION OF TERMS

Dalhousie Legal Aid Service – A Legal Aid Service affiliated with Dalhousie Law School and which receives a grant from the Nova Scotia Legal Aid Commission. The Dalhousie Legal Aid Service provides services to clients through its staff lawyers with the assistance of Dalhousie Law School students who are supervised by the lawyers in while gaining clinical legal experience. Dalhousie Legal Aid Service represents a number of clients who have qualified for Legal Aid on application to the Commission. The Dalhousie Legal Aid Service is compensated for those clients according to the terms of the Legal Aid Certificate issued in the matter and the Nova Scotia Legal Aid Tariff.

DR – Dartmouth Office

Full Service - Full Service matters are all those matters which require a higher commitment of legal resources than can be serviced as a Summary Service.

Halifax North – Halifax Agricola Street Office

Halifax-South – Halifax Spring Garden Road Office

HRM YDC – Youth & Duty Counsel Office for the Halifax Regional Municipality

KE - Kentville Office

Matters Completed - Cases which concluded in the fiscal year.

NG - New Glasgow Office

PH – Port Hawkesbury Office - Please note that for the purposes of this Annual 40 Report, case load statistics for the Port Hawkesbury Office continue to be reported under the Antigonish Office

Private Lawyers - Members of the private Bar representing clients by way of a Nova Scotia Legal Aid Certificate.

(r) – Revised.

DEFINITION OF TERMS

Reciprocal - Outgoing - An application for Legal Aid which is forwarded to another province where the Nova Scotia resident requires legal representation. All provinces and territories by agreement participate in this exchange of applications for Legal Aid.

Rejected Applications - Applicants for Nova Scotia Legal Aid who were not provided with service due to financial ineligibility, lack of merit, or the service requested was outside of the scope of service.

SAC Duty Counsel – This is Summary Advice/Duty Counsel (SAC) provided by two staff lawyers located at the Supreme Court, Family Division locations in Halifax and Sydney. This SAC program is a project partially funded from Commission resources and by the Federal and Provincial Governments by way of project funding. The SAC counsel provided summary advice in family law matters. This project is an effort to respond to the unmet needs of self-represented family law litigants for legal advice. Further, it is expected that providing summary legal advice to self-represented litigants in the Family Division may result in more timely processing of family law cases involving self-represented litigants.

Staff Lawyers - Lawyers employed by the Nova Scotia Legal Aid Commission.

Staff Duty Counsel - Lawyers employed by the Nova Scotia Legal Aid Commission who provide legal representation, either by telephone or in person, to people detained in the Provincial Court Cells or at a police station. The staff lawyers also, on occasion, provide Duty Counsel services to family or civil clients as the situation may require. 41 Summary Service - Summary Service matters are those matters which require a lesser commitment of legal resources and are serviced through advice.

SY - Sydney Office

TR - Truro Office

WI - Windsor Office

DEFINITION OF TERMS

YA - Yarmouth Office

YCJA - Youth Criminal Justice Act