Legal Aid for a Criminal Charge in Ontario
If you are facing a criminal charge and cannot afford a lawyer, Legal Aid Ontario is the place to start. This page explains who qualifies, what duty counsel can do for you on the day, and how a certificate works.
Dhindsa Law is not Legal Aid Ontario. This page is general information about a public service, published so that people facing charges know the option exists. Eligibility is decided by Legal Aid Ontario, not by us, and the rules and thresholds are theirs to set and change. Apply directly, and check the current position on their website.
Who Qualifies for Legal Aid in Ontario?
Legal Aid Ontario assists people who qualify financially and face a charge that could result in jail if convicted. Young persons aged 12 to 17 charged under the Youth Criminal Justice Act are also covered.
Two things are assessed: your financial circumstances, and whether the charge is serious enough that jail is a realistic outcome. A charge where imprisonment is not on the table will often not attract a certificate, even where the financial test is met.
Financial eligibility thresholds are set by Legal Aid Ontario and change from time to time, which is why they are not reproduced here. Do not rule yourself out on assumption — apply and let them assess it.
What Can Duty Counsel Do for You?
Duty counsel are lawyers funded by Legal Aid Ontario who give free help at the courthouse to people without their own lawyer. They assist on the day, in the courtroom, and you do not need a certificate to speak to them.
Legal Aid Ontario describes duty counsel services as including:
- advising you on your rights and on court procedure
- asking the court to put your matter over to another date
- representing you at a bail hearing
- assisting you with a guilty plea
- making submissions at sentencing
- arranging a resolution meeting with the Crown
- referring you to other legal aid services
What duty counsel do not do. They do not take carriage of your case. They will not run your trial, hold your file between appearances, or be the same lawyer each time you attend. For anything beyond same-day assistance you need a certificate or a privately retained lawyer.
If your court date is within five business days, Legal Aid Ontario directs you to contact duty counsel at your court location. For a date further out, they ask you to call 1-800-668-8258 with your disclosure.
Our courthouse guides list the duty counsel contact for Brampton, Milton, Orangeville and Toronto.
How Does a Legal Aid Certificate Work?
A certificate is Legal Aid Ontario's undertaking to pay a roster lawyer to represent you for the duration of your criminal case. You choose a lawyer who accepts certificates, and they act for you in the ordinary way.
A certificate covers a defined amount of work. If a case turns out to be more complex than anticipated, the lawyer may need to ask Legal Aid Ontario to authorise more — a matter between the lawyer and LAO, not something you arrange.
You are not assigned a lawyer at random. A certificate lets you approach a lawyer on the roster, and it is worth choosing someone who regularly does the kind of case you are facing.
How Do You Apply?
Apply directly to Legal Aid Ontario, online or by phone on 1-800-668-8258, or 416-979-1446 in Toronto. You will need information about the charges you face.
If police did not give you that information, Legal Aid Ontario directs you to contact the Crown Attorney's office at your courthouse for it. Those contacts are on each of our courthouse guides.
Apply as early as you can. Applications take time to assess, and arriving at an appearance with the question still open is a common reason matters get adjourned.
If you are refused, the decision can be appealed within Legal Aid Ontario. Duty counsel remain available at court while that is sorted out, so a refusal does not leave you without any help on the day.
What Else Is Available?
Legal Aid Ontario also funds Impact of Race and Culture Assessments, which can be used at sentencing to place an offence in the context of a person's background, and provides support for people representing themselves in Toronto's criminal court.
Beyond legal aid, our resources page lists community organisations, court rules and statutes that people facing charges commonly need.
Frequently asked questions
Browse every answer on this siteLegal Aid Ontario assists people who qualify financially and face a charge that could result in jail if convicted, and young persons aged 12 to 17 charged under the Youth Criminal Justice Act. Financial eligibility is assessed by LAO, not by a lawyer, and the thresholds are set and updated by LAO.
Duty counsel are lawyers funded by Legal Aid Ontario who give free same-day help at the courthouse to people who do not have their own lawyer. They can advise on rights and procedure, ask for an adjournment, act on a bail hearing, assist with a guilty plea and make sentencing submissions.
No. Duty counsel assist on the day, in the courtroom. They do not take carriage of your case, run your trial or act as your lawyer between appearances. For ongoing representation you need a legal aid certificate or a privately retained lawyer.
You can apply online or by phone through Legal Aid Ontario at 1-800-668-8258, or 416-979-1446 in Toronto. You will need information about your charges. If police did not give you that information, the Crown Attorney's office at your courthouse can provide it.
A refusal can be appealed within Legal Aid Ontario. It is also worth asking whether your circumstances have been fully assessed, since eligibility depends on both financial circumstances and the seriousness of the charge. Duty counsel remain available at court in the meantime.
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If you are facing charges or need legal advice, get in touch. We will discuss your options in complete confidence.