Thirty-First Annual Report

NOVA SCOTIALEGAL AID COMMISSIONThirty-First Annual Report 2007/2008TABLE OF CONTENTSMANDATE ...... 1STRUCTURE ...... 2NOVA SCOTIA LEGAL AID COMMISSION CONTACTS ...... 3BOARD OF DIRECTORS...... 4STANDING COMMITTEES ...... 5OFFICE LOCATIONS...... 6STAFF COMPLEMENT ...... 8EXECUTIVE DIRECTOR'S REPORT...... 9FINANCIAL ELIGIBILITY TABLE ...... 15STATISTICAL TABLES: APPLICATIONS RECEIVED BY METHOD OF SERVICE ...... 16 APPLICATIONS RECEIVED BY AREA OF LAW ...... 17 MATTERS COMPLETED ...... 18 MATTERS COMPLETED BY AREA OF LAW ...... 19 NUMBER OF FULL SERVICE MATTERS COMPLETED...... 20 (Adult Criminal) NUMBER OF FULL SERVICE MATTERS COMPLETED ...... 21 (Young Person Criminal)TABLE OF CONTENTS NUMBER OF FULL SERVICE MATTERS COMPLETED ...... 22 (Provincial/Family/Civil) CERTIFICATES COMPLETED BY PRIVATE LAWYERS ...... 23 AFTER HOURS TELEPHONE DUTY COUNSEL ...... 24 RECIPROCALS ...... 25AUDITOR GENERAL: FINANCIAL STATEMENTS ...... 26DEFINITION OF TERMS AS USED IN ANNUAL REPORT...... 41MANDATEThe 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 2007/2008 NOVA SCOTIA LEGAL AID COMMISSION STRUCTURE LEGISLATIVE AUTHORITYLegal Aid Act 1989, R.S.N.S., c. 252Attorney General/Minister of Justice s.6(2), 9(5), 11(2)Nova Scotia Legal AidCommissionChairperson (1) Directors (16)Executive Director s.14(2)MANAGEMENTExecutive Director Executive Committee Appeal Commission Chief Financial Committee Secretary/Executive Staff Directors Officer Assistant (3) Administration Office (6)Managing Lawyers (13)SERVICEStaff Lawyers (76) Certificates Completed (includes 13 Managing Lawyers) (3,387) Funding to Dalhousie Legal Legal Support Staff (53.2) Aid Service $69,000 Articled Clerks (5)2 NOVA SCOTIA LEGAL AID COMMISSIONCONTACTST. 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 FacsimileWALTER 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 FacsimileKAREN 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 Facsimile3 NOVA SCOTIA LEGAL AID COMMISSIONBOARD OF DIRECTORS AS OF MARCH 31, 2008Name Location Term Expires RepresentingHugh Robichaud Meteghan May 26, 2008 Bar SocietyDonald G. Harding, Q.C. (Chair) Shelburne March 29, 2009 Justice Glenn Joudrey Kingston March 29, 2009 JusticeDavid F. Curtis, Q.C. Truro March 29, 2009 Bar SocietyFrank E. DeMont New Glasgow March 29, 2009 Bar SocietyChristopher Manning Kentville March 29, 2009 Bar SocietyJames Chipman Halifax March 29, 2009 JusticePatrick J. Murray, Q.C. Sydney April 27, 2009 JusticeTrinda Ernst, Q.C. Kentville June 21, 2009 Bar SocietyVincent B. MacDonald Halifax October 29, 2010 JusticeShanta Dhir Truro October 29, 2010 JusticeLinda Tippett-Leary Halifax November 20, 2010 Bar SocietyFrank Gillis, Q.C. Glace Bay December 17, 2010 JusticeVacancy - - Bar SocietyVacancy - - JusticeClarence Guest Halifax - Public ServiceLynn C. Hartwell Halifax - Public Service4 STANDING COMMITTEES AS OF MARCH 31, 2008APPEALJames Chipman Vincent B. MacDonald Frank DeMont Christopher Manning Shanta Dhir Hugh Robichaud Glenn JoudreyBUDGETDavid 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 (Chief Financial Officer)EXECUTIVEDonald G. Harding, Q.C. (Chair) Anne Malick, Q.C. (Director) R. Gordon Murray, Q.C. Karen Hudson (Director) T. Gerard Lukeman, Q.C. (Executive Director) Resource – Jennifer Cain, CA Walter I. Yeadon (Director) (Chief Financial Officer) Resource – Lisa Stokkeskog (Commission Secretary)ELIGIBILITY REVIEW COMMITTEEExecutive Committee Members Frank G. Gillis, Q.C. Lynn C. Hartwell Glenn Joudrey Linda Tippett-Leary Trinda Ernst, Q.C.5 OFFICE LOCATIONS AS OF MARCH 31, 2008Amherst 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-FreeAnnapolis 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-FreeAntigonish Sydney 70 West Street, Suite 2 401-15 Dorchester Street Antigonish, NS B2G 2X7 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-FreeBridgewater 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 1-877-777-5920Dartmouth 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-Free6 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 FaxSydney Duty Counsel 402-15 Dorchester Street Sydney, NS B1P 5Y9 (902) 539-7026/(902) 539-3058 FaxPort 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-FreeSub-Office Liverpool – (902) 354-3215 contact BWOffice 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-Free7 NSLA STAFF COMPLEMENT AS OF MARCH 31, 2008OFFICE Exec. Staff Lawyers Admin. Legal Chief Prison Youth Court Research MIS Articled Total Dir. Dir. Support Assistants Financial Liaison Support Coordinator Clerks Officer Workers 11 Administration 1 1 6 1 1 1Amherst 3 3 1 7Annapolis Royal 3 2 5Antigonish 2.5 2 4.5Bridgewater 4 3 7Dartmouth 10 7 1 18Halifax South 9 5 14Halifax North 1 6 5 1 13Kentville 4 3 1 8New Glasgow 4 3 1 8Port Hawkesbury 2.5 2 4.5Sydney 10 6 16Truro 1 3 3 7Windsor 3 2 5Yarmouth 3 2.6 5.6 HRM Youth & Duty 5 3 2 1 11 Counsel SAC Duty Counsel 2 2Sydney Youth & Duty 2 1.6 2 5.6 CounselTOTALS 1 3 76 6 53.2 1 1 4 1 1 5 152.28 EXECUTIVE DIRECTOR'S REPORTWith this Annual Report, the Nova Scotia Legal Aid Commission marks the completion of thirty-one years of service to Nova Scotians. We continue to serve by providing quality legal representation to eligible Nova Scotians “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.”The availability of legal aid services ensures that our clients have meaningful and effective access to our justice system. This results in a fair system of justice that enables citizens to resolve their problems for the betterment of society.As Executive Director, it is my pleasure to share with you some of the changes of the past year.Antigonish Office MoveThe Antigonish Legal Aid Office opened over thirty-five years ago at 273 Main Street, Antigonish. This office predates the creation of the Nova Scotia Legal Aid Commission and delivered legal aid services to the people of the counties of Inverness, Richmond, Guysborough and Antigonish.With the passage of time, we needed to provide office space commensurate with the office standards of today. In this year, we were successful, after much searching, in relocating our office to 70 West Street, Suite 2 in the Town of Antigonish effective March 6, 2008.The new premises have resulted in very positive feedback not only from staff but also from our clients and other members of the public. In particular, we were pleased to find premises located close to the Provincial and Family Courts and the local office of the Public Prosecution Service thereby reducing staff travel time.The staff of Administration are very pleased to be able to support the work of our Antigonish staff by providing much improved premises. The improvement in premises also denotes the respect due to the economically disadvantaged who seek our services.9 Articled ClerksThis year, we accepted five Articled Clerks. Our vision is to give those training to be lawyers experience in a legal aid practice, and to create a resource for future employment either as staff lawyers or in our Certificate program.We have also noticed that law students are being recruited more frequently by law firms while still in their second year. In order to keep up with the current recruitment practices, this year the Commission also recruited from the second- year students for articling positions starting June 2009.To those students we chose from second year, we have offered summer employment for twelve weeks in the summer of 2008. We expect these efforts to assist the Commission in its objective of obtaining the clerks we need.Summary Advice Duty Counsel ServiceThis service is provided by a staff lawyer located in each of the two Supreme Court Family Division locations in Halifax and Sydney. This service provides summary legal advice to litigants who are appearing in the Family Division and who are otherwise without legal counsel.Federal funding of the Summary Advice project in Sydney lapsed at the end of March 2007. The Commission has continued the Summary Advice service in both locations and has assumed the cost of the Sydney service out of its funding from the Province of Nova Scotia.In a review of our Summary Advice Counsel (SAC) service, it was noted that our lawyers providing that service could not give legal advice to both sides of the same matter. If both sides were unrepresented, only the first party that accessed the service would receive summary legal advice.To solve this problem, the Commission authorized the SAC service in both Halifax and Sydney to retain outside counsel to provide summary legal advice to the second party. This has been a significant improvement in the service we offer in those locations. In the current year, the SAC service provided 1,528 instances of summary advice to unrepresented litigants in the Family Division. This is an increase of 8.9% over10 the previous year. Nunn InquiryCommissioner Merlin Nunn was appointed by the Province of Nova Scotia to conduct an Inquiry into the operation of the youth justice system in Nova Scotia. In January 2007, the Government accepted all 34 recommendations made by Commissioner Nunn.As one of the partners in the youth justice system, the Commission continued to work with other justice partners in 2007/2008 to improve timelines in the youth justice system.As part of our response to ensuring improved timelines in the youth justice system, the Commission has expanded its staffing by one staff lawyer in the Halifax Regional Municipality. That lawyer position is dedicated to providing legal representation to youth court clients. Arrangements have been made to staff the position with the lawyer to start work on April 1st, 2008.Telephone Duty Counsel Manual RewriteDuring this year, we initiated a rewrite and update of our Telephone Duty Counsel Manual. This is necessary to keep current with developments in the law and we wished to make the Manual both a more helpful tool for the telephone duty counsel lawyers and as an effective educational tool for our junior lawyers.We expect the finished product to be available in the year 2008/2009.French Language Services PlanThe Commission is responsible to develop a plan pursuant to the French-language Services Act. The goal is to develop a capacity within the Commission to deliver its services in French to our francophone communities.The Commission worked this year on developing its Plan for the year 2008/2009 with the result that we have a Plan in place for what we hope to achieve in the year 2008/2009.11 Commission WebsiteLate in the current fiscal year, we began work on creating a Commission website. We expect this website will enable us to effectively provide information regarding Legal Aid in Nova Scotia to members of the public as well as being a communication tool from the Commission to its employees.In the next fiscal year, we expect to identify a website developer and have the basic website at the testing stage.Continuing EducationIn May 2007, the Commission ran a very successful day-long education program for staff lawyers on the Children and Family Services Act litigation. This was held in the Community Center of the Millbrook Mi’kmaq Band.This was a new initiative for us as all trainers were our own staff lawyers. Each presenter also prepared materials for a binder for each participant to take back to their office. The Commission is appreciative of all the efforts of the organizing committee and presenters in delivering a quality educational opportunity for our staff lawyers in a cost-effective manner.On November 13th, 2007, the Commission launched an in-house blog under the responsibility of our Research Coordinator, Peter Lambly. This blog delivers to our staff at their desks an awareness of current developments in the law. The Commission thanks Mr. Lambly for all his efforts in developing and maintaining this current awareness tool.Occupational Health and Safety ProjectKaren Hudson, a Director of our Executive Committee, was delegated the responsibility of reviewing the current legislative requirements and developing a program to ensure the Commission is in compliance with the Occupational Health and Safety Act.Much work has been done in this year and resulted in the rollout of a Commission Occupational Health and Safety Policy and Program in October 2007. With this updated written policy in place, it is expected that management, Health and Safety12 Representatives, and the employees will be clear as to their respective duties in sharing responsibility for the health and safety of employees.Long Service Award PortabilityThe Commission provides its own Long Service Award program to its staff on the same terms as the Province provides on its separate plan to its employees. Formerly, when an employee moved between the Commission and direct employment with the Province, the employee did not carry their service time with them for the calculation of the Award whether they were coming to Commission employment from the Province or vice-versa.When an employee had achieved a significant length of employment, this type of loss of service time could affect mobility in employment for our employees and our ability to recruit from government employees.I am pleased to note that this year saw legislative changes to the Province’s plan and changes to our Commission plan that has resulted in mutual recognition by each plan of service time gained in employment under the other’s plan.Legal Aid Services ProvidedThe Commission had 37,148 requests for Legal Aid in the year 2007/2008. Of those, 2,608 requests were rejected as being ineligible for Legal Aid. At the year end, 271 individuals were in the process of having their eligibility determined and so are recorded as “Pending Decision”. In the remaining 34,269 requests, the Commission provided these individuals with legal aid services.These 34,269 services were provided in the following areas of law: we provided 21,684 services to adult individuals facing criminal charges;  we provided 5,086 services to young persons (aged 12 to 17 inclusive) facing criminal charges;  we provided individuals facing charges under Provincial Statutes with 17 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 6,934 services to individuals facing family law problems with13 a priority being placed on child protection matters and custody disputes; and,  we provided 412 services to individuals with a variety of civil legal issues.  with our After Hours Telephone Duty Counsel Service, there were 136 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 ClosingDuring this year, we bade farewell to four of our most senior staff members: Gregory S. Hildebrand, Senior Staff Lawyer, Halifax, who retired on April 30th, 2007 after 31½ years of service; Gregory P. Rafuse, Q.C., Managing Lawyer, Bridgewater, who retired on May 31st, 2007, after 31½ years of service; H. Bruce Holton, Managing Lawyer, New Glasgow, who retired on August 31st, 2007, after 35 years of service; and, Juanita Penny, Payroll/Benefits Officer, Administration Office, who retired on March 31st, 2008 after 27 years, 7 months of service. With these retirements, a total of over 125 years of experience was lost not only to the Commission but especially to our staff and clients.We wish you all good health as you continue on your life’s journey. May the rewards of your retirement bring you much happiness today and always.And Thank YouTo the Chair of the Commission, Donald G. Harding, Q.C., and all members of the Commission, please accept our gratitude for all your efforts in support of our legal aid program. And to the staff, who are always ready to meet the challenges present in delivering legal aid services, your efforts are truly appreciated.Let us continue to work together on behalf of all our clients. T. Gerard Lukeman, Q.C., Executive Director14 NOVA SCOTIA LEGAL AID COMMISSIONFINANCIAL ELIGIBILITY TABLELegal 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 TaxCredit 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 ServiceFrom April 1, 2007 to March 31, 2008 with ComparativeDisposition 2007/2008 2006/2007 Change15 Full Service Staff Lawyers 13,412 12,964 448 3.5%Private Lawyers 3,902 3,616 286 7.9%Full Service 17,314 16,580 734 4.4%Reciprocals - Outgoing 56 63 (7) -11.1%Summary Service 935 1,030 (95) -9.2%Duty Counsel Staff Duty Counsel 155 300 (145) -48.3% 4,25 Cells Duty Counsel 5,612 3 1,359 32.0%Non-Custodial Duty Counsel 1,843 1,730 113 6.5%SAC Duty Counsel 1,528 1,403 125 8.9% Business Hours Telephone DC 1,3951,215 180 14.8%After Hours Telephone DC 5,431 4,787 644 13.5%Duty Counsel 15,964 13,688 2,276 16.6%31,36 Accepted Applications 34,269 1 2,908 9.3% 2,41 Rejected Applications 2,608 9 189 7.8% 23 Pending Decision 271 5 36 15.3% 34,01 Applications Received by Area of LawFrom April 1, 2007 to March 31, 200816 Criminal Criminal Criminal Provincial Disposition Adult Youth Age n/a Family Civil Statutes Total %Full Service Staff Lawyers 7,511 2,411 0 3,202 280 8 13,412 36.1% Private Lawyers 1,779 477 0 1,610 36 0 3,902 10.5% Full Service 9,290 2,888 0 4,812 316 8 17,314 46.6%Reciprocals - Outgoing 0 0 0 56 0 0 56 0.2%Summary Service 270 23 537 96 9 935 2.5%Duty Counsel Staff Duty Counsel 133 21 0 1 0 0 155 0.4% Cells Duty Counsel 4,449 1,163 0 0 0 0 5,612 15.1% Non-Custodial Duty Counsel 1,789 54 0 0 0 0 1,843 5.0% SAC Duty Counsel 0 0 0 1,528 0 0 1,528 4.1% Business Hours Telephone DC 1,198 197 0 0 0 0 1,395 3.8% After Hours Telephone DC 4,555 740 136 0 0 0 5,431 14.6% Duty Counsel 12,124 2,175 136 1,529 0 0 15,964 43.0%Accepted Applications 21,684 5,086 136 6,934 412 17 34,269 92.2%Rejected Applications 1,249 26 0 1,184 115 34 2,608 7.0%Pending Decision 154 2 0 110 5 0 271 0.7%Grand Total 23,087 5,114 136 8,228 532 51 37,148 100.0%Percent 62.1% 13.8% 0.4% 22.1% 1.4% 0.1% 100.0% 17 Matters Completed From April 1, 2007 to March 31, 2008 with ComparativeDisposition 2007/2008 2006/2007 Change Full Service Staff Lawyers 13,495 12,798 697 5.4% Private Lawyers 3,387 3,235 152 4.7% Full Service 16,882 16,033 849 5.3%Reciprocals - Outgoing 56 63 (7) -11.1%Summary Service 988 1,171 (183) -15.6%Duty Counsel Staff Duty Counsel 154 386 (232) -60.1% Cells Duty Counsel 5,612 4,333 1,279 29.5% Non-Custodial Duty Counsel 1,843 1,664 179 10.8% SAC Duty Counsel 1,528 1,403 125 8.9% Business Hours Telephone DC 1,395 1,216 179 14.7% After Hours Telephone DC 5,431 4,787 644 13.5% Duty Counsel 15,963 13,789 2,174 15.8%Accepted Applications 33,889 31,056 2,833 9.1%Rejected Applications 2,649 2,437 212 8.7%Pending Applications 0 0 0 100.0%GRAND TOTAL 36,538 33,493 3,045 9.1% Matters Completed by Area of Law From April 1, 2007 to March 31, 2008Criminal Criminal Criminal Family Civil Provincial Total % Disposition 18 Adult Youth Age n/a Statutes Full Service Staff Lawyers 7,326 2,492 0 3,388 285 4 13,495 36.9% Private Lawyers 1,587 381 0 1,399 20 0 3,387 9.3% Full Service 8,913 2,873 0 4,787 305 4 16,882 46.2%Reciprocals - Outgoing 0 0 0 56 0 0 56 0.2%Summary Service 290 23 0 566 98 11 988 2.7%Duty Counsel Staff Duty Counsel 131 21 0 1 1 0 154 0.4% Cells Duty Counsel 4,449 1,163 0 0 0 0 5,612 15.4% Non-Custodial Duty Counsel 1,789 54 0 0 0 0 1,843 5.0% SAC Duty Counsel 0 0 0 1,528 0 0 1,528 4.2% Business Hours Telephone DC 1,198 197 0 0 0 0 1,395 3.8% After Hours Telephone DC 4,555 740 136 0 0 0 5,431 14.9% Duty Counsel 12,122 2,175 136 1,529 1 0 15,963 43.7%Accepted Applications 21,325 5,071 136 6,938 404 15 33,889 92.8%Rejected Applications 1,274 27 0 1,198 116 34 2,649 7.2%Pending Applications 0 0 0 0 0 0 0 0.0%Grand Total 22,599 5,098 136 8,136 520 49 36,538 100%Percent 61.9% 14% 0.4% 22.3% 1.4% 0.1% 100% Number of Full Service Matters Completed From April 1, 2007 to March 31, 2008Full Service Matters AT BW DR Hfx Hfx HRM KE NG SY SY TR WI YA Staff Private19 AM AR North South YDC DC Total Lawyer Adult Criminal Homicide 0 0 0 0 2 0 1 0 0 0 1 0 0 0 0 4 9 Attempted Homicide 0 0 0 0 0 0 1 0 1 0 1 0 2 1 0 6 11 Robbery 2 2 3 4 20 0 42 0 6 3 5 0 6 4 1 98 52 Sexual assault 5 8 8 5 8 0 18 0 7 1 18 0 4 5 6 93 50 Sexual abuse 0 0 0 2 0 0 1 0 1 0 1 0 1 0 0 6 0 Aggravated assault 2 0 3 2 21 0 35 0 4 9 22 0 25 6 7 136 55 Assault 59 61 78 80 162 0 457 1 72 67 198 0 38 71 37 1,381 423 Kidnapping 1 0 0 0 0 0 3 0 0 0 0 0 0 0 0 4 1 Abduction 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 2 Arson 2 0 1 3 4 0 1 0 5 1 2 0 0 1 1 21 13 Weapons/Explosives 4 1 3 7 16 0 45 0 5 4 14 0 6 5 3 113 51 Break & Enter 13 17 21 25 33 0 78 1 18 16 44 0 18 33 10 327 114 Fraud/False pretence 9 9 8 10 39 0 71 0 19 20 22 0 12 19 8 246 41 Theft 24 35 31 33 163 0 484 0 85 29 135 0 64 32 24 1,139 111 Possession of stolen property 6 9 6 11 18 0 27 0 6 8 23 0 7 6 2 129 19 Damage/Mischief 10 13 16 16 33 0 37 0 12 9 47 0 8 22 8 231 42 Prostitution 0 0 0 0 8 0 17 0 0 1 0 0 0 0 0 26 0 Gaming/Betting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Public order offence 2 2 6 4 4 0 18 0 1 1 8 0 4 4 0 54 0 Administration of justice 12 0 12 40 34 0 10 0 3 3 41 0 44 29 0 228 18 Traffic/Import drugs 3 9 4 18 18 0 52 0 20 7 24 0 18 10 2 185 86 Possession of drugs 12 10 8 26 19 0 70 0 11 16 22 0 5 12 6 217 14 CC Motor vehicle offence 5 10 8 6 14 0 64 0 5 4 13 0 6 10 3 148 14 Impaired driving 12 16 30 18 18 0 19 0 25 10 40 0 17 16 9 230 23 Forgery/Uttering 1 6 0 1 0 0 1 0 3 0 2 0 2 0 2 18 3 Criminal negligence 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 Uttering threats 7 25 18 22 41 0 113 0 20 13 74 0 8 15 8 364 134 Conspiracy 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Peace Bond 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 Breach of probation/ Order variation 14 60 91 65 253 0 316 0 107 105 227 0 40 68 23 1,369 194 Appeal 8 1 4 1 1 0 10 0 2 1 1 0 3 1 0 33 17 Other 8 32 33 14 26 0 92 0 15 25 9 0 202 30 31 517 89 Criminal Adult Total 221 326 392 413 955 0 2,083 2 453 354 995 0 541 400 191 7,326 1,58720 Hfx Hfx HRM SY Staff Private Full Service Matters AM AR AT BW DR North South YDC KE NG SY DC TR WI YA Total Lawyer Young Person Criminal Homicide 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Attempted Homicide 0 0 0 0 0 0 0 3 0 0 0 0 1 0 0 4 5 Robbery 0 0 0 1 0 1 0 50 1 1 2 0 0 0 1 57 32 Sexual assault 2 3 1 5 0 0 0 4 3 0 2 0 3 2 1 26 10 Sexual abuse 1 0 0 1 0 0 0 2 0 0 0 0 0 0 0 4 0 Aggravated assault 0 0 0 0 0 0 0 82 2 2 2 0 6 1 2 97 29 Assault 10 16 15 21 1 1 1 156 30 12 50 1 7 18 13 352 43 Kidnapping 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Abduction 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Arson 3 0 2 1 0 0 0 10 0 1 1 0 2 0 1 21 4 Weapons/Explosives 5 2 0 0 0 0 0 41 3 1 9 0 2 4 0 67 8 Break & Enter 5 13 14 9 0 1 0 77 10 2 34 0 6 6 5 182 47 Fraud/False pretence 2 0 2 0 0 0 0 10 0 1 3 0 2 0 1 21 0 Theft 6 7 12 7 0 0 2 180 21 9 45 0 8 14 6 317 49 Possession of stolen property 1 3 1 3 0 0 0 17 2 4 6 0 2 3 2 44 11 Damage/Mischief 8 9 4 9 1 0 0 82 10 11 27 0 7 10 6 184 27 Prostitution 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Gaming/Betting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Public order offence 0 1 0 1 0 0 0 55 2 0 5 0 1 4 0 69 13 Administration of justice 4 0 0 4 0 0 0 26 0 0 80 4 6 12 0 136 8 Traffic/Import drugs 1 0 0 0 0 0 0 27 1 2 1 0 1 1 1 35 7 Possession of drugs 1 1 1 3 0 0 0 24 1 5 1 0 0 2 0 39 5 CC Motor vehicle offence 1 3 1 1 0 0 0 11 1 0 4 1 3 0 0 26 3 Impaired driving 2 0 2 1 0 0 0 2 0 0 1 0 0 1 0 9 0 Forgery/Uttering 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 2 0 Criminal negligence 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 1 Uttering threats 6 7 5 5 0 0 0 41 2 4 22 0 5 8 3 108 14 Conspiracy 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 Peace Bond 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 0 Breach of probation/ Order variation 11 17 19 24 0 1 1 205 30 32 175 0 13 44 7 579 53 YCJA Transfer 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 YCJA Review 2 0 0 2 0 0 0 3 0 0 0 0 1 1 0 9 0 Appeal 1 0 0 0 0 2 0 2 0 0 0 0 1 0 0 6 1 Other 2 4 6 1 0 0 0 57 3 0 4 0 8 7 2 94 10 Criminal Young Person 74 88 85 99 2 6 4 1,170 122 87 475 6 85 138 51 2,492 381 Total21 22Hfx Hfx HRM SY Staff Private Full Service Matters AM AR AT BW DR North South YDC KE NG SY DC TR WI YA Total Lawyer Provincial Wildlife Act 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Act 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 3 0 Liquor Control Act 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Appeal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 Provincial Total 1 1 0 0 0 0 0 0 0 0 0 0 0 2 0 4 0Family Separation 6 21 18 26 23 41 0 0 32 49 45 0 4 23 26 314 35 Divorce 12 16 25 28 45 27 0 0 29 30 103 0 6 14 57 392 160 Custody 46 66 48 47 142 197 0 0 76 56 152 0 28 55 53 966 390 CFSA 7 10 32 13 44 42 0 0 20 17 33 0 35 22 7 282 340 Enforcement 1 1 5 1 0 3 0 0 2 3 3 0 2 1 2 24 2 Application to vary 31 6 18 70 24 31 0 0 23 62 55 0 26 14 27 387 145 Maintenance 10 18 41 60 68 91 0 0 72 34 83 0 23 22 47 569 115 Matrimonial property 0 0 3 1 3 1 0 0 1 7 5 0 13 2 0 36 13 Access 9 10 3 8 18 28 0 0 23 12 27 0 22 8 18 186 110 Paternity 1 0 0 1 1 1 0 0 2 2 2 0 1 0 1 12 6 Adult Protection 2 13 13 1 18 25 0 0 17 3 40 0 16 3 2 153 9 Appeal 0 0 1 0 3 0 0 0 0 1 1 0 1 0 0 7 13 Other 0 6 7 1 3 14 0 0 4 11 5 0 4 1 4 60 61 Family Total 125 167 214 257 392 501 0 0 301 287 554 0 181 165 244 3,388 1,399Civil Litigation 0 0 6 0 0 1 0 0 0 0 0 0 0 0 0 7 3 Non-litigation 0 0 9 0 0 18 0 0 0 1 0 0 0 5 0 33 3 Admin. Tribunal 0 0 5 0 0 6 0 0 0 0 0 0 3 1 0 15 0 Immigration 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IPTA 0 0 0 2 2 6 0 0 0 0 0 0 10 0 1 21 4 Secure Treatment 0 0 0 0 0 0 0 0 0 0 0 0 147 0 0 147 0 Appeal 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 10 Other 1 1 10 0 1 3 0 1 2 3 4 0 0 27 8 61 0 Civil Total 1 1 31 2 3 34 0 1 2 4 4 0 160 33 9 285 20GRAND TOTAL 422 583 722 771 1,352 541 2,087 1,173 878 732 2,028 6 967 738 495 13,495 3,38723 Certificates Completed by Private LawyersFrom April 1, 2007 to March 31, 2008Criminal Criminal Office Adult Youth Provincial Family Civil Total %Amherst 96 31 0 44 1 172 5.1%Annapolis Royal 15 1 0 35 0 51 1.5%Antigonish 93 36 0 65 2 196 5.8%Bridgewater 33 5 0 68 0 106 3.1%Dartmouth 416 1 0 194 1 612 18.1%Halifax North 0 3 0 230 2 235 6.9%Halifax South 168 4 0 0 0 172 5.1%HRM YDC 4 138 0 0 3 145 4.3%Kentville 63 3 0 55 0 121 3.6%New Glasgow 55 0 0 95 1 151 4.5%Sydney 398 122 0 348 3 871 25.7%Truro 105 6 0 78 0 189 5.6%Windsor 58 5 0 57 7 127 3.7%Yarmouth 83 26 0 130 0 239 7.1%Administration 0 0 0 0 0 0 0.0%Total 1,587 381 0 1,399 20 3,387 100.0%Percent 46.9% 11.2% 0.0% 41.3% 0.6% 100.0% 24 AFTER HOURS TELEPHONE DUTY COUNSELAPRIL 1, 2007 TO MARCH 31, 2008 Criminal Young Month Criminal Adult Unknown Total Person April 338 76 8 422 May 342 60 7 409 June 371 62 11 444 July 414 68 9 491 August 444 72 11 527 September 414 64 18 496 October 441 68 12 521 November 347 58 13 418 December 337 34 8 379 January 372 71 11 454 February 333 46 7 386 March 402 61 21 484 TOTALS 4,555 740 136 5,43125 RECIPROCALSAPRIL 1, 2007 TO MARCH 31, 2008 2007/2008 2006/2007 Outgoing Incoming Total Outgoing Incoming Total Province Alberta 14 5 19 8 6 14 British 2 3 5 5 4 9 Columbia Manitoba 0 2 2 1 2 3 New 4 8 12 5 4 9 Brunswick Newfoundland 9 2 11 8 5 13 Northwest 0 1 1 0 0 0 Territories Nunavut 0 0 0 0 0 0 Ontario 23 10 33 31 16 47 Prince Edward 2 0 2 2 0 2 Island Quebec 2 4 6 3 5 8 Saskatchewan 0 2 2 0 0 0 Yukon 0 0 0 0 0 0 Outside 0 0 0 0 0 0 Canada TOTALS 56 37 93 63 42 10526 NOVA SCOTIA LEGAL AID COMMISSION FINANCIAL STATEMENTS MARCH 31, 2008127 NOVA SCOTIA LEGAL AID COMMISSION FINANCIAL STATEMENTS MARCH 31, 2008CONTENTSPage Auditor’s Report 3Statement of Financial Position 4Statement of Operations 5Statement of Changes in Net Assets 6Statement of Cash Flows 7Notes to Financial Statements 8Expense Schedule 15228 1888 Brunswick Street, Suite #302, Halifax Nova Scotia, B3J 3J8 $ Telephone: (902) 424-5907 $ Fax: (902) 424-4350AUDITOR’S REPORTTo the Members of the Legislative Assembly; andTo the Minister of JusticeI have audited the statement of financial position of Nova Scotia Legal Aid Commission as at March 31, 2008, and the statements of operations, changes in net assets, and cash flows for the year then ended. These financial statements are the responsibility of the Commission’s management. My responsibility is to express an opinion on these financial statements based on my audit.I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatements. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.In my opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at March 31, 2008 and the results of its operations and cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.Jacques R. Lapointe, CA$CIA Auditor GeneralHalifax, Nova Scotia May 9, 2008329 30 NOVA SCOTIA LEGAL AID COMMISSION STATEMENT OF OPERATIONS FOR THE YEAR ENDED MARCH 31, 20082008 2007 Revenue Operating grants - Province of Nova Scotia $19,728,045 $ 18,506,375 Investment fund grant - 722,672Summary Advice Counsel project income - 120,000Employee future benefits grant - Province of Nova Scotia 252,995 244,092Interest 432,290 355,469Other income 69,095 22,77220,482,425 19,971,380Expenses (page 15) Amortization 173,833 210,957Directors' fees 22,746 18,888Duty Counsel fees 464,240 429,980Equipment and maintenance 281,968 456,839Library 168,633 151,955Memberships, meetings and conferences 420,987 374,012Miscellaneous 74,000 74,000Office disbursements 335,858 268,458Private solicitors' fees (note 6) 4,186,418 3,379,457Professional and other fees 36,154 37,253Salaries and benefits 13,558,284 12,258,736Supplies and services 1,419,138 1,273,261Travel 171,412 193,9553121,313,671 19,127,751Excess (deficiency) of revenue over expenses before special cases (831,246) 843,629Special cases (note 7) Contribution from the Province of Nova Scotia - -Contributions from clients - -- -Expenses, special cases - -- - Excess (deficiency) of revenue over expenses $ (831,246) $ 843,629See accompanying note to the financial statements5NOVA SCOTIA LEGAL AID COMMISSION STATEMENT OF CHANGES IN NET ASSETS FOR THE YEAR ENDED MARCH 31, 20082008 2007Net Assets Reserve for Reserve forUnrestricted Invested in Future Case Family Law Net Assets Equipment Completion Project Total Total Balance, beginning of year $ 3,967,115 $ 134,438 $ 733,033 $ 59,076 $ 4,893,662 $ 4,050,033Excess (deficiency) of revenue over expenses (831,246) - - - (831,246) 843,629Purchase of property32 and equipment (4,729) 4,729 - - - -Amortization, net 101,464 (101,464) - - - -Transfer to reserve (2,039,971) - 1,138,026 901,945 - - Balance, end of year $ 1,192,633 $ 37,703 $ 1,871,059 $ 961,021 $ 4,062,416 $ 4,893,662 See accompanying notes to the financial statements 6NOVA SCOTIA LEGAL AID COMMISSION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED MARCH 31, 20082008 2007 Operating Activities Excess (deficiency) of revenue over expenses $ (831,246) $ 843,629Amortization 173,833 210,957Amortization of deferred contributions - property and equipment (103,484) (279,375)33 (760,897) 775,211Net change in non-cash working capital balances related to operations (note 12) 312,773 (4,828,164)(448,124) (4,052,953) Investing Activities Purchase of Furniture and equipment (2,899) (3,668)Computer equipment (1,830) (58,487)(4,729) (62,155)Decrease in cash during year (452,853) (4,115,108)Cash, beginning of year 864,260 4,979,368Cash, end of year $ 411,407 $ 864,260See accompanying notes to the financial statements7NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200834 1. AuthorityThe Nova Scotia Legal Aid Commission was established in 1977 pursuant to the Legal Aid Act. The Act and Regulations stipulate that the Commission can provide legal services to persons whose income is derived primarily from municipal or provincial social assistance or to persons in an equivalent position.Commission activities are funded by a grant from the Province of Nova Scotia. The Province in turn receives a contribution from the Government of Canada for legal aid provided by the Commission.2. Accounting Policies(a) CashCash consist of cash on hand and balances with banks.(b) AmortizationProperty and equipment are stated at cost and are amortized on a straight-line basis over their estimated useful lives: Computer equipment 33.33% per year Furniture and equipment 20% per year Leasehold improvements Over term of lease(c) Marketable SecuritiesMarketable securities consist of guaranteed investment certificates and are valued at cost, which approximates market value. Investments have been classified as held for trading in accordance with Handbook Section 3855.These guaranteed investment certificates bear interest at 3.25% (2007- 3.5% to 4.0%) and mature between 2 and 164 days (2007- 4 and 164 days) after year-end.(d) Use of EstimatesThe presentation of financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amount of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reported period. Actual results could differ from those reported.(e) Special CasesPeriodically, the Commission provides legal services to clients upon special request from the Department of Justice where the clients would not otherwise be eligible under the Commission's guidelines. Contributions and expenses related to these special cases are presented separately on the statement of operations. 8NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200835 2. Accounting Policies (cont'd)(f) Employee Future BenefitsThe Commission adopted the method of accounting for employee future benefits required by The Canadian Institute of Chartered Accountants' recommendations in Section 3461, Employee Future Benefits. The main components of this accounting policy are costs for employee future benefits other than pensions which are accrued over the periods in which the employees render services in return for these benefits. These benefits are for health insurance programs. A liability for employee future benefits of $2,669,935 (2007 - $2,416,940) has been included in the financial statements. The liability as at March 31, 2008 and 2007 has been assumed by the Province of Nova Scotia so an offset of the same amount has been recorded as a receivable from the Department of Finance. The current year's expense incurred for these future employee benefits is $285,916 (2007 - $270,805).(g) Revenue Recognition1) Operating grants and other revenue are recorded on the accrual basis.2) Contributions from the Province of Nova Scotia for the acquisition of property, plant and equipment and computer upgrades are recorded as deferred contributions and are amortized to revenue in accordance with the amortization schedule for each equipment acquired.3. Property and equipment 2008 2007Accumulated Net Book Net Book Cost Amortization Value ValueLeasehold improvements $ 106,769 $ 103,939 $ 2,830 $ 9,784Furniture and fixtures 171,553 153,787 17,766 24,946Computer equipment 989,115 901,290 87,825 242,794$ 1,267,437 $ 1,159,016 $ 108,421 $ 277,5249NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200836 4. Trust Fund - Long Service AwardsThe Commission follows the provisions of the Civil Service Act with respect to the payment of long service awards to retiring employees. The Commission is responsible for the funding and eventual payment of these awards.The Commission maintains a trust fund to provide for the eventual payment of awards and to administer long service award advances. The Commission provides contributions, from general operating funds, to defray future obligations for long service awards.In prior years, employees with fifteen years of employment could apply for an advance on their long service award. Advances are repayable upon retirement or termination, together with interest at the provincial borrowing rate which existed at the time of the advance. To date, six employees have received advances. Advances plus accrued interest at March 31, 2008 totaled $Nil (2007- $22,948).2008 2007 Balance, beginning of year $ 2,050,362 $ 1,946,723Add: Contribution from operating funds 231,574 221,806Interest on long service award advances - 324Interest on investments 80,433 67,954312,007 290,084Less: Long service awards paid to retiring employees 186,913 184,503Due to operating account 18,456 1,917Operating charge 60 25205,429 186,445Balance, end of year $ 2,156,940 $ 2,050,362Consisting of: Cash $ 169,679 $ 202,199Investments and accrued interest on investments 2,007,634 1,827,131Receivable - long service award advances and accrued interest on advances - 22,949Contribution due to operating funds (20,373) (1,917)$ 2,156,940 $ 2,050,36237 5. Payables and Accruals 2008 2007 Supplies and services $ 244,608 $ 412,583Accrued private solicitors' fees (note 6) 3,685,353 2,874,218Employee salaries and benefits 1,173,223 144,344$ 5,103,184 $ 3,431,14510NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 20086. Measurement UncertaintyMeasurement uncertainty is uncertainty in the determination of the amount at which an item is recognized in the financial statements. This exists when there is a variance between the recorded amount and another reasonable possible amount.Measurement uncertainty in these financial statements is inherent in the recording of accrued private solicitors' fees. At the end of each fiscal year the Commission has a liability for work conducted by private solicitors that is not yet billed and paid. At March 31, 2008, a liability of $3,685,353 (2007 - $2,874,218) was recorded, of which $3,299,926 (2007- $2,489,943) was estimated using a system that incorporates average costs and time frames for similar cases over the last two years. The estimate will vary from the eventual billings from private solicitors due to the specific requirements of each case.7. Deferred Contribution - Special CasesSpecial case funding is received from the Province of Nova Scotia and is restricted solely for expenditures incurred in the process of defending clients. Amounts not used for current expenditures are deferred to be applied against future cases. Any funding not committed at the conclusion of the cases must be returned to the Province of Nova Scotia, or added to the liability for other future special cases.8. Long Service AwardsEmployees of the Commission are entitled to long service awards upon retirement. The awards are based on the number of years of service of the employee, and are earned at the rate of one week's pay for every year of service, to a maximum of twenty-six weeks.The Commission engaged an outside consultant to estimate the liability relating to the awards. Based on the estimate of the present value of obligation respecting long service awards at March 31, 2008, the long service award trust funds of $2,156,940 (2007- $2,050,362) are sufficient to fund the liability.38 9. Employee future benefitsThe Commission has provided for employee future benefits other than pensions for life insurance, dental and medical programs.The significant actuarial assumptions adopted in measuring the Commission's accrued benefit obligations are as follows:Discount rate 6% Expected health care costs trend rate 10% in 2008 decreasing down to 4% per annum in and after 2015 Retirement age assumption 59 years Participation 90% of members are assumed to participate in the retiree health and dental programs11NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200810. Deferred Contributions - Property and EquipmentDeferred contributions relates to funding received from the Province of Nova Scotia to offset costs of upgrading the Commission's computer systems. The changes in the deferred contributions balance for the period are as follows:2008 2007Balance, beginning of year $ 459,372 $ 738,747Less: amounts amortized to revenue (103,484) (279,375) Plus: contributions received - -Balance, end of year $ 355,888 $ 459,37211. ReservesReserve for Future Case CompletionThe Commission has appropriated an amount from unrestricted net assets that approximates management's best estimate of the remaining cost to complete the cases that are in progress as at March 31, 2008.Reserve for Family Law ProjectIn October 2004, the Commission appropriated the total of $1,000,000 for family law Legal Aid 39 Services to provide additional family law services. In October 2007, the Commission appropriated an additional $1,000,000 for family law Legal Aid Services. 12. Net change in non-cash working capital balances related to operations 2008 2007Increase (decrease) in cash from changes in:Receivables $ 33,116 $ (250,353)Prepaid expenses (2,381) 19,880 Payables and accruals 1,672,038 112,349Deferred contributions - special cases - (40)Marketable securities (1,390,000) (4,710,000) $ 312,773 $ (4,828,164) 1240 NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200813. Commitments and Contingencies(a) Lease agreements for office space typically call for payment of a base rent plus a provision for the Commission's portion of operating costs and property taxes. Lease terms vary by office. The Commission also carries leases for office equipment. Minimum lease payments for the next five fiscal years, not including operating costs and taxes, are as follows:2009 $1,049,537 2010 $975,421 2011 $826,155 2012 $764,867 2013 $731,337(b) The Commission provides funding to Dalhousie Legal Aid Services. The Commission has agreed to provide a grant of $69,000 to Dalhousie Legal Aid Services for the year ending March 31, 2008.(c) The Commission has been named as a defendant in a legal action. As of the audit report date, the outcome of this claim is not determinable, and accordingly, no provision has been made in the financial statements.14. Client Trust FundsOn March 31, 2008, $4,527 (2007 - $3,378) was held in trust for clients. These trust funds are accounted for separately and are not reflected in the financial statements.15. PensionsPursuant to Section 7 of the Legal Aid Act, all permanent employees of the Commission are entitled to receive pension benefits under the Province of Nova Scotia Public Service Superannuation Act. The plan is funded by equal employee and employer contributions. The employer contributions are included in the Commission's operating expenses in the amount of $791,811 (2007 - $680,686). The Commission is not responsible for any unfunded liability with respect to the superannuation fund.1341 NOVA SCOTIA LEGAL AID COMMISSION NOTES TO THE FINANCIAL STATEMENTS MARCH 31, 200816. Financial Instruments(a)Terms and conditionsThe Commission has an authorized, unsecured, line of credit with a limit of $400,000, bearing interest at RBC prime lending rate, payable monthly.(b)Fair value of financial instrumentsFinancial instruments of the Commission consist mainly of cash, investments, receivables and payables. It is management's opinion that the Commission is not exposed to significant interest or credit risks arising from these financial instruments. The carrying values of these financial assets and financial liabilities approximate their fair values unless otherwise disclosed, given the short term nature of these financial instruments.In April 2005, the Accounting Standards Board issued new Handbook sections on financial instruments, Section 3855 and Section 3861. Section 3855 Financial Instruments - Recognition and Measurement addresses when financial instruments should be recognized and how they should be measured. Section 3861 Financial Instruments - Disclosure and Presentation provides standards for how financial instruments should be classified on the financial statements and the disclosure requirements. The Company has adopted both of the sections for the fiscal year end March 31, 2008. As a result of adopting these new sections, there were no additional entries necessary to comply with these new standards. The adoption of this new accounting policy was for year-ends on or after January 1, 2007 and in accordance with the handbook section has been applied prospectively.17. Future changes to accounting standardsThe CICA has reissued Section 3861 of the CICA Handbook as sections 3862 and 3863, Financial Instruments – Disclosure and Financial Instruments – Presentation, respectively, which establish standards for presentation of financial instruments and non-financial derivatives, and identifies the information that should be disclosed about them. Section 3862 Financial Instruments – Disclosures provides standards that will require entities to provide disclosures that will enable users to evaluate the significance of financial instruments and the nature and extent of risks arising from financial instruments. Section 3863 Financial Instruments – Presentation establishes standards to enhance financial statement users’ understanding of the significance of financial instruments to an entity’s financial position, performance and cash flows. These sections are effective for fiscal periods beginning on or after October 1, 2007 and will be adopted on April 1, 2008. The effect of adopting these sections has not yet been determined.1442 NOVA SCOTIA LEGAL AID COMMISSION EXPENSE SCHEDULE FOR THE YEAR ENDED MARCH 31, 2008Budget Actual Actual 2008 2008 2007 Amortization $ 250,000 $ 173,833 $ 210,957Directors' fees 30,000 22,746 18,888Duty Counsel fees 445,000 464,240 429,980Equipment and maintenance Leasehold improvements 50,000 49,401 51,702Office furniture and equipment 90,000 105,924 246,990Office machine leasing 90,000 68,643 82,475Office machine maintenance 75,000 58,000 75,672305,000 281,968 456,839Library 173,000 168,633 151,955Memberships, meetings and conferences Memberships and dues 230,000 234,821 215,975Meetings and conferences 203,000 186,166 158,037433,000 420,987 374,012Miscellaneous Grant - Dalhousie Legal Aid 69,000 69,000 69,000Public information /legal education 5,000 5,000 5,00074,000 74,000 74,000Office disbursements Civil and family 120,000 125,593 101,663Adult criminal 150,000 167,557 144,033Youth criminal 22,000 42,708 22,762292,000 335,858 268,458Private solicitors' fees Civil and family - conflicts 1,813,030 1,889,774 1,684,155Adult criminal - choice of counsel 255,200 141,937 159,77243 Adult criminal - conflicts 1,557,240 1,790,452 1,304,754Youth criminal - choice of counsel 104,200 20,767 - Youth criminal - conflicts 396,930 343,488 230,7764,126,600 4,186,418 3,379,457Professional and other fees Professional fees 40,000 30,515 37,253Consultant fees 35,000 5,639 - 75,000 36,154 37,253Salaries and benefits Salaries and benefits 12,320,000 13,305,289 12,014,644Employee future benefits 280,000 252,995 244,09212,600,000 13,558,284 12,258,736Supplies and services General cleaning and office expense 100,000 103,256 71,790Heat, light and water 30,000 33,974 25,936Printing and stationery 115,000 106,360 98,231Rent, insurance and taxes 950,000 949,323 868,569Telephone and postage 215,000 226,225 208,7351,410,000 1,419,138 1,273,261Travel 195,000 171,412 193,955$ 20,408,600 $ 21,313,671 $ 19,127,75115DEFINITION OF TERMSAdvice – Legal counsel provided to people who require only legal advice but no further legal service.AM – Amherst Office44 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 OfficeAT – Antigonish OfficeBW – Bridgewater OfficeCells Duty Counsel – Legal representation provided by a staff lawyer at the Halifax and Sydney Provincial Court locations. This service is also provided at the Dartmouth Provincial Court location with a contract lawyer. This representation is provided to only those individuals detained in cells. 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.CFSA – Children and Family Services ActDalhousie 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 its clients through its staff lawyersDEFINITION OF TERMS with the assistance of Dalhousie Law School students who are supervised by their45 staff lawyers 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 OfficeFull 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 OfficeHalifax-South – Halifax Spring Garden Road OfficeHRM YDC – Youth & Duty Counsel Office for the Halifax Regional MunicipalityIPTA – Involuntary Psychiatric Treatment Act. (Note: this legislation came into effect in July 2007. Matters reported in previous years as “Review Board” are now reported under IPTA).KE - Kentville OfficeMatters Completed - Cases which concluded in the fiscal year.NG - New Glasgow OfficePH – Port Hawkesbury Office - Please note that for the purposes of this Annual Report, case load statistics for the Port Hawkesbury Office continue to be reported under the Antigonish OfficePrivate Lawyers - Members of the private Bar representing clients by way of a Nova Scotia Legal Aid Certificate.DEFINITION OF TERMS(r) – Revised46 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 the Summary Advice Counsel (Duty Counsel) 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 timelier 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.Summary Service - Summary Service matters are those matters which require a lesser commitment of legal resources and are serviced through advice.SY - Sydney OfficeTR - Truro OfficeDEFINITION OF TERMS47 WI - Windsor OfficeYA - Yarmouth OfficeYCJA - Youth Criminal Justice Act48

Thirty-First Annual Report

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