May 20, 2004 — Le Protecteur du citoyen

The Protecteur du citoyen recommends increasing legal aid eligibility thresholds

Quebec City, May 20, 2004 – The Protecteur du citoyen presented her comments to the Working Committee who is reviewing the legal aid program. Among other things, the recommendations issued dealt with the following:

1. Increasing financial eligibility thresholds

The Protecteur du citoyen finds it absurd that the financial eligibility threshold for a single individual has not changed since 1981 and is still at a maximum annual income of $8,870, while support payments have increased by approximately 137% during the same period.

The Protecteur du citoyen pointed out that seniors are not entitled to free legal aid services since even citizens who are entitled to guaranteed income supplements are excluded. The Protecteur du citoyen therefore believes it necessary to increase thresholds in general to reflect our current reality.

2. Automatic indexing of eligibility thresholds

Eligibility thresholds are not increased automatically, yet several government assistance programs make provisions for such an escalation based on the cost of living, including occupational injury benefit programs and the Régie des rentes du Québec programs. Even penal court fees are automatically increased every three years.

The Protecteur du citoyen deems it necessary to add a provision on automatic indexing to the act.

3. Family legal aid

As part of his intervention on March 23, 2004 before the Committee on Institutions during the course of public hearings on Bill 21, an Act to amend the Civil Code and the Code of Civil Procedure as regards the determination of child support payments, the Protecteur du citoyen reminded participants that there are a great many reasons for reviewing support payment. Nevertheless, the parties must initiate legal proceedings every single time to obtain a new court ruling, each time incurring costs, which is all the more difficult for low-income parents who are not entitled to legal aid. This year, the ministère du Revenu received over 31,000 such amended rulings.

It is for these reasons that the Protecteur du citoyen called upon parliamentarians to examine the burdensome procedures for reviewing support payments. Various solutions that are not court-related could be considered, such as providing mediation services or an administrative review mechanism. Such an approach would reduce costs for both citizens and the State.

For the time being, while waiting for a possible non judiciary process, we should facilitate access to legal aid regarding support for low-income parents.

The Protecteur du citoyen believes that reviewing thresholds would further reflect the current family-related government policies as outlined in its action program Shine among the best.

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