Legal Aid in New Brunswick

Legal Aid is a service that helps people with low incomes to get legal help with some criminal, family law, and public trustee issues. In New Brunswick, legal aid is offered by the New Brunswick Legal Aid Services Commission (NBLASC).

If you have been arrested or if you are being detained at a police station, you can call Legal Aid to speak to a lawyer by telephone. This service operates 24 hours per day. It is available to everyone, with no income requirement or limits.

Legal Aid also offers duty counsel for criminal matters and some family matters at courthouses. Duty counsel is a lawyer who can help you on the day of our court appearance. They can give you advice and help you understand the process. They do not become your lawyer for the rest of your legal process. This service is free and there are no income limits as long as your legal matter is covered. You can call Legal Aid to find out if your legal matter is covered by duty counsel.

Legal Aid also offers full legal representation for some matters in criminal law and family law. This service is only available if you meet the financial requirements. To apply for criminal or family legal aid, contact your local Legal Aid office. They will decide if your legal matter is eligible for Legal Aid. If so, they will make an appointment for you to come into the office and make a full application. At the appointment, they will verify your income. Apply as early as possible so that your lawyer has time to prepare your case.

Criminal law services

Legal Aid offers legal help with criminal law issues in a few ways.

If you have been arrested or detained at a police station, the Canadian Charter of Rights and Freedoms gives you the right to contact a lawyer. You can call Legal Aid from the police station at any time of day or night to speak to a lawyer by phone. There is no cost. Everyone who has been arrested or detained at a police station can use this service.

Duty counsel is a lawyer who can help you on the day of your court date. They can give you advice and help you understand the legal process. They may be able to help you enter a plea or talk to the Crown prosecutor. They will not represent you or become your lawyer for the rest of your case. They will not appear with you at trial.

You can find duty counsel in your courthouse. If you want to use duty counsel services, you should go to their office as early as possible on your court date.

There is no cost and no financial criteria for this service.

Specialized duty counsel is also available for:

  • Mental Health Docket in Saint John
  • Mental Health Review Board
  • Domestic Violence Court in Moncton
  • Elsipogtog Healing to Wellness Court

If you have been charged with a crime and you cannot afford a lawyer, you can apply to Legal Aid for help.

To get full legal representation through Legal Aid, your criminal charges must have a risk of jail time and you must meet the financial eligibility criteria.

Financial eligibility is based on your income and the number of people in your household. You can find more information about financial eligibility on the NBLASC Criminal Trial Services page under the “Cost of Service” section. Depending on your income, you may need to pay a small fee to help cover the cost of your Legal Aid services.

To apply for Legal Aid, contact your local Legal Aid office. Apply as early as possible so that your lawyer has time to prepare for your case.

Legal Aid Criminal Trial Services does not cover:

  • Default hearings
  • Bail reviews
  • Provincial offences like driving offences under the Motor Vehicle Act (unless they have a risk of jail time)
  • Firearms applications

Family law services

Legal Aid covers some family law matters but not all of them. It prioritizes cases that are urgent or affect a child’s safety.

Duty counsel is a lawyer who can help you on the day of your court date. They can give you advice and help you understand the legal process. They can review court documents and sometimes they can help you with your hearing. They will not become your lawyer for the rest of your legal matter.

You can find duty counsel in your courthouse. If you want to use duty counsel services, you should go to their office as early as possible on your court date. Talk to them at least 30 minutes before your court time.

There is no financial eligibility criteria and no cost for duty counsel services. However, duty counsel for family law is only available for a few types of cases.

Generally, you can use duty counsel for your first appearance in cases that involve judicial enforcement or child or adult protection matters brought by the Minister of Social Development. That includes when:

  • You are involved in a matter that was brought to the Court by the Director of Support Enforcement,
  • You are the Respondent in an adult or child protection matter brought to the Court by the Minister of Social Development,
  • You are involved in an Application for support made on behalf of the Minister of Social Development – Human Resources Division;
  • Your matter was brought to the Court by the Attorney General under the Interjurisdictional Support Orders Act, or
  • Your matter is a confirmation hearing that was brought to the Court by the Attorney General under the Divorce Act.

You can also use duty counsel for a first appearance in any family law matter where the other party is represented by a Legal Aid lawyer.

You can use duty counsel for help with any court appearance for:

  • Hearings about an Emergency Intervention Order made under the Intimate Partner Violence Intervention Act,
  • Hearings about an Emergency Protection Order made under the Family Homes on Reserves and Matrimonial Interests or Rights Act, or
  • Applying for substituted service under section 10(4) of the Regulations under the Intimate Partner Violence Intervention Act.

The Family Advice Lawyer will spend up to two hours giving you general legal information about family law matters. They can explain court forms and help you understand the legal process.

To make an appointment with the Family Advice Lawyer in Saint John, call (506) 658-6361.

To make an appointment with the Family Advice Lawyer in Moncton, call (506) 856-3131.

For all other regions, call 1-855-266-0266.

Some people may qualify for full legal representation from Legal Aid. This means the lawyer will follow your case, help prepare your documents, and represent you in court.

To get full legal representation through Legal Aid, you must have an eligible family law matter and you must meet the financial eligibility criteria.

Eligible family law matters include:

  • Child protection proceedings: for example, where the Minister of Social Development is asking the Court for a supervisory order, decision-making responsibility, or permanent guardianship of your child
  • Emergency Intervention Orders: for example, when you have a review or variation hearing under the Intimate Partner Violence Intervention Act
  • Emergency Protection Orders: for example, when you have a review or variation hearing under the Family Homes on Reserves and Matrimonial Interests or Rights Act
  • Child Support or Spousal Support: for example, getting a support order or changing a support order
  • Parenting Orders: These orders used to be called Custody and Access Orders. Legal Aid lawyers can help with applying for or changing a Parenting Order under the Family Law Act or the Divorce Act.
  • Divorce: Legal Aid is available for some divorce matters. Usually, they cannot involve property or debt. Contact NBLASC to find out if you are eligible.

To apply, contact your local Legal Aid office and make an appointment. At the appointment, Legal Aid will verify that you are eligible for services. Financial eligibility is based on your income and the number of people in your household. You can find more information about financial eligibility on the NBLASC Family Legal Aid page under the “Cost of Service” section. Depending on your income, you may need to pay a small fee to help cover the cost of your Legal Aid services.

If your application is approved, NBLASC will assign a lawyer to you. The lawyer will contact you to schedule a meeting. If your matter is not urgent, it may take a few months. In emergencies, Legal Aid will prioritize cases that involve abuse or safety. Apply for Legal Aid as early as possible.

Public Trustee Services

The Public Trustee of New Brunswick protects the financial and personal interests of people who do not have the mental or physical capacity to manage their own affairs. They will only get involved when no one else is willing and able to do so.

The Public Trustee does not mediate family disputes or investigate cases of financial abuse. They can be appointed as:

  • Enduring Power of Attorney
  • Executor in a will
  • Administrator of an estate, where a person has died without a will
  • Personal guardian to handle an incapacitated adult’s health care or personal matters
  • Trustee for an incapacitated adult or a child’s financial interests

The Public Trustee charges a fee for their services. If you want to use the Public Trustee’s services, contact them before you make any decisions or create a will or Power of Attorney document. You can call the Public Trustee at 1-888-336-8383 to make an appointment.

Your appointment with Legal Aid

To apply for Legal Aid, you must contact your local office and make an appointment. At your appointment, a Legal Aid officer will determine whether your legal issue is eligible and whether you meet the financial eligibility requirements.

You should bring documents to your appointment that will confirm your identity, your legal issue, and your income. For example:

  • Government identification (like your social insurance card, driver’s licence, or passport)
  • Official documents relating to your case (like court orders, notices or applications, a separation agreement)
  • Proof of your income, including pensions, allowances, Income Assistance, Employment Insurance benefits, or other income benefits
  • Recent pay stubs, Income Assistance stubs, or Employment Insurance statements
  • Proof of child care payments (you can deduct the cost from your income)
  • Proof of child support or spousal support payments (you can deduct the cost from your income)
  • Proof of payment for a child’s medical or dental expenses, if it is more than $1500 for the year

After your appointment, Legal Aid will decide whether you are eligible for representation by a Legal Aid lawyer. It can take a few weeks (for criminal law cases) or months (for family law matters that are not emergencies), so apply as soon as you can.