Threshold for aid needs to increase: Opposition MLA

The province must increase the financial threshold for Islanders seeking legal aid, says Opposition MLA Jamie Fox.

Fox raised the issue during Tuesday’s sitting of the legislature and asked if the threshold has been raised to keep up with the demand.

He said Islanders who make more than $1,400 a month, before taxes, are ineligible for legal aid.

“Legal aid services are very important to a lot of Islanders across the whole province,” said Fox.

“That ($1,400) threshold does exclude a lot of Islanders.”

Justice Minister Jordan Brown said legal aid has been growing with the demand and recognized an increase in family court cases that require legal aid in the past several years.

However, Brown said it’s not just financial information that determines legal aid eligibility.

“It’s not a straight income test… we do look at the general utilization of legal aid within the province,” said Brown.

Fox said there are many Islanders who are not eligible for legal aid and cannot afford legal representation.

Fox said those Islanders often then represent themselves in court.

“This is a concern,” he said. “Is your department tracking the number of Islanders representing themselves within the court system due to financial circumstances?”

Brown said he was unsure.

“I’m not sure how easy that would be to do. Some litigants represent themselves for a variety of reasons,” he said.

The provincial website on legal aid states a financial eligibility scale based on income and family size is used as a guideline in determining eligibility, although it states the scale is one of several factors that must be considered.

“Other factors relate to the urgency and seriousness of your legal needs; the coverage and resources of the legal aid program; your ability to obtain legal assistance if legal aid is refused,” states the website.

The monthly income in the guideline is, before taxes, $1,469 for one person up to $3,544 for a family of six.

In an email to media following question period, a provincial spokesperson said legal aid eligibility guidelines were revised last year, and that threshold “increases range from 10-25 per cent, depending on family size.”

The email also encourages anyone in need and with questions about eligibility to contact legal aid for advice.

MITCH MACDONALD/THE GUARDIAN Opposition MLA Jamie Fox, right, chats with Communities, Land and Environment Minister Richard Brown prior to Tuesday’s question period. Fox says a number of Islanders are having difficulties accessing legal aid due to the financial threshold.