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NOVA SCOTIA
LEGAL AID COMMISSION
Thirty-First Annual Report
2007/2008
TABLE OF CONTENTS
MANDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
NOVA SCOTIA LEGAL AID COMMISSION CONTACTS . . . . . . . . . . . . . . . . . 3
BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
STANDING COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
OFFICE LOCATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
STAFF COMPLEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
EXECUTIVE DIRECTOR'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FINANCIAL ELIGIBILITY TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
STATISTICAL 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
AUDITOR GENERAL: FINANCIAL STATEMENTS . . . . . . . . . . . . . . . . . . . . . . 26
DEFINITION OF TERMS AS USED IN ANNUAL REPORT. . . . . . . . . . . . . . . . 41
MANDATE
The 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 AUTHORITY
Legal Aid Act
1989, R.S.N.S., c. 252
Attorney General/Minister of
Justice
s.6(2), 9(5), 11(2)
Nova Scotia Legal Aid
Commission
Chairperson (1) Directors (16)
s.6(1)
Executive Director
s.14(2)
MANAGEMENT
Executive Director
Executive Committee
Appeal Commission Chief Financial
Committee Secretary/Executive Staff Directors Officer
Assistant (3) Administration
Office (6)
Managing Lawyers
(13)
SERVICE
Staff 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 COMMISSION
CONTACTS
T. 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 Facsimile
WALTER 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 Facsimile
KAREN 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 Facsimile
3
NOVA SCOTIA LEGAL AID COMMISSION
BOARD OF DIRECTORS AS OF MARCH 31, 2008
Name Location Term Expires Representing
Hugh Robichaud Meteghan May 26, 2008 Bar Society
Donald G. Harding, Q.C. (Chair) Shelburne March 29, 2009 Justice
Glenn Joudrey Kingston March 29, 2009 Justice
David F. Curtis, Q.C. Truro March 29, 2009 Bar Society
Frank E. DeMont New Glasgow March 29, 2009 Bar Society
Christopher Manning Kentville March 29, 2009 Bar Society
James Chipman Halifax March 29, 2009 Justice
Patrick J. Murray, Q.C. Sydney April 27, 2009 Justice
Trinda Ernst, Q.C. Kentville June 21, 2009 Bar Society
Vincent B. MacDonald Halifax October 29, 2010 Justice
Shanta Dhir Truro October 29, 2010 Justice
Linda Tippett-Leary Halifax November 20, 2010 Bar Society
Frank Gillis, Q.C. Glace Bay December 17, 2010 Justice
Vacancy - - Bar Society
Vacancy - - Justice
Clarence Guest Halifax - Public Service
Lynn C. Hartwell Halifax - Public Service
4
STANDING COMMITTEES AS OF MARCH 31, 2008
APPEAL
James Chipman Vincent B. MacDonald
Frank DeMont Christopher Manning
Shanta Dhir Hugh Robichaud
Glenn Joudrey
BUDGET
David 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)
EXECUTIVE
Donald 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 COMMITTEE
Executive 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, 2008
Amherst 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-Free
Annapolis 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-Free
Antigonish 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-Free
Bridgewater 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 1-877-777-5920
Dartmouth 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-Free
6
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 Fax
Sydney Duty Counsel
402-15 Dorchester Street
Sydney, NS B1P 5Y9
(902) 539-7026/(902) 539-3058 Fax
Port 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-Free
Sub-Office
Liverpool – (902) 354-3215 contact BW
Office 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-Free
7
NSLA STAFF COMPLEMENT AS OF MARCH 31, 2008
OFFICE 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 1
Amherst 3 3 1 7
Annapolis Royal 3 2 5
Antigonish 2.5 2 4.5
Bridgewater 4 3 7
Dartmouth 10 7 1 18
Halifax South 9 5 14
Halifax North 1 6 5 1 13
Kentville 4 3 1 8
New Glasgow 4 3 1 8
Port Hawkesbury 2.5 2 4.5
Sydney 10 6 16
Truro 1 3 3 7
Windsor 3 2 5
Yarmouth 3 2.6 5.6
HRM Youth & Duty
5 3 2 1 11
Counsel
SAC Duty Counsel 2 2
Sydney Youth & Duty
2 1.6 2 5.6
Counsel
TOTALS 1 3 76 6 53.2 1 1 4 1 1 5 152.2
8
EXECUTIVE DIRECTOR'S REPORT
With 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 Move
The 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 Clerks
This 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 Service
This 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% over the
previous year.
10
Nunn Inquiry
Commissioner 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 Rewrite
During 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 Plan
The 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 Website
Late 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 Education
In 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 Project
Karen 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 Safety
12
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 Portability
The 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 Provided
The 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 with a
13
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 Closing
During 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 You
To 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 Director
14
NOVA SCOTIA LEGAL AID COMMISSION
FINANCIAL ELIGIBILITY TABLE
Legal 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 Tax Credit
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
One Adult $1067.00 Two Adults $1424.00
and 1 Child $1416.00 and 1 Child $1708.00
and 2 Children $1700.00 and 2 Children $1932.00
and 3 Children $1924.00 and 3 Children $2156.00
and 4 Children $2148.00 and 4 Children $2380.00
and 5 Children $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
15
Applications Received by Method of Service
From April 1, 2007 to March 31, 2008 with Comparative
Disposition 2007/2008 2006/2007 Change
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%
Cells Duty Counsel 5,612 4,253 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 1,395 1,215 180 14.8%
After Hours Telephone DC 5,431 4,787 644 13.5%
Duty Counsel 15,964 13,688 2,276 16.6%
Accepted Applications 34,269 31,361 2,908 9.3%
Rejected Applications 2,608 2,419 189 7.8%
Pending Decision 271 235 36 15.3%
Grand Total 37,148 34,015 3,133 9.2%
16
Applications Received by Area of Law
From April 1, 2007 to March 31, 2008
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 Comparative
Disposition 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%
18
Matters Completed by Area of Law
From April 1, 2007 to March 31, 2008
Criminal Criminal Criminal Family Civil Provincial Total %
Disposition 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%
19
Number of Full Service Matters Completed
From April 1, 2007 to March 31, 2008
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
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
12
Administration of justice 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 1,587
20
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
Total
21
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
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 0
Family
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 1,399
Civil
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 20
GRAND TOTAL 422 583 722 771 1,352 541 2,087 1,173 878 732 2,028 6 967 738 495 13,495 3,387
22
Certificates Completed by Private Lawyers
From April 1, 2007 to March 31, 2008
Criminal 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%
23
AFTER HOURS TELEPHONE DUTY COUNSEL
APRIL 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 5,431
24
RECIPROCALS
APRIL 1, 2007 TO MARCH 31, 2008
2007/2008 2006/2007
Province Outgoing Incoming Total Outgoing Incoming Total
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 42 105
25
NOVA SCOTIA LEGAL AID COMMISSION
FINANCIAL STATEMENTS
MARCH 31, 2008
1
26
NOVA SCOTIA LEGAL AID COMMISSION
FINANCIAL STATEMENTS
MARCH 31, 2008
CONTENTS
Page
Auditor’s Report 3
Statement of Financial Position 4
Statement of Operations 5
Statement of Changes in Net Assets 6
Statement of Cash Flows 7
Notes to Financial Statements 8
Expense Schedule 15
2
27
1888 Brunswick Street, Suite #302, Halifax Nova Scotia, B3J 3J8 $ Telephone: (902) 424-5907 $ Fax: (902) 424-4350
AUDITOR’S REPORT
To the Members of the Legislative Assembly; and
To the Minister of Justice
I 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 General
Halifax, Nova Scotia
May 9, 2008
3
28
29
NOVA SCOTIA LEGAL AID COMMISSION
STATEMENT OF OPERATIONS
FOR THE YEAR ENDED MARCH 31, 2008
2008 2007
Revenue
Operating grants - Province of Nova Scotia $ 19,728,045 $ 18,506,375
Investment fund grant - 722,672
Summary Advice Counsel project income - 120,000
Employee future benefits grant - Province of Nova Scotia 252,995 244,092
Interest 432,290 355,469
Other income 69,095 22,772
20,482,425 19,971,380
Expenses (page 15)
Amortization 173,833 210,957
Directors' fees 22,746 18,888
Duty Counsel fees 464,240 429,980
Equipment and maintenance 281,968 456,839
Library 168,633 151,955
Memberships, meetings and conferences 420,987 374,012
Miscellaneous 74,000 74,000
Office disbursements 335,858 268,458
Private solicitors' fees (note 6) 4,186,418 3,379,457
Professional and other fees 36,154 37,253
Salaries and benefits 13,558,284 12,258,736
Supplies and services 1,419,138 1,273,261
Travel 171,412 193,955
21,313,671 19,127,751
Excess (deficiency) of revenue over expenses before special cases (831,246) 843,629
Special cases (note 7)
Contribution from the Province of Nova Scotia - -
Contributions from clients - -
- -
Expenses, special cases - -
- -
Excess (deficiency) of revenue over expenses $ (831,246) $ 843,629
See accompanying note to the financial statements
5
30
NOVA SCOTIA LEGAL AID COMMISSION
STATEMENT OF CHANGES IN NET ASSETS
FOR THE YEAR ENDED MARCH 31, 2008
2008 2007
Net Assets Reserve for Reserve for
Unrestricted 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 $ 4,050,033
Excess (deficiency)
of revenue over
expenses (831,246) - - - (831,246) 843,629
Purchase of property
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
6
31
NOVA SCOTIA LEGAL AID COMMISSION
STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED MARCH 31, 2008
2008 2007
Operating Activities
Excess (deficiency) of revenue over expenses $ (831,246) $ 843,629
Amortization 173,833 210,957
Amortization of deferred contributions - property and equipment (103,484) (279,375)
(760,897) 775,211
Net 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 4,979,368
Cash, end of year $ 411,407 $ 864,260
See accompanying notes to the financial statements
7
32
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
1. Authority
The 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) Cash
Cash consist of cash on hand and balances with banks.
(b) Amortization
Property 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 Securities
Marketable 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 Estimates
The 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 Cases
Periodically, 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.
8
33
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
2. Accounting Policies (cont'd)
(f) Employee Future Benefits
The 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 Recognition
1) 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 2007
Accumulated Net Book Net Book
Cost Amortization Value Value
Leasehold improvements $ 106,769 $ 103,939 $ 2,830 $ 9,784
Furniture and fixtures 171,553 153,787 17,766 24,946
Computer equipment 989,115 901,290 87,825 242,794
$ 1,267,437 $ 1,159,016 $ 108,421 $ 277,524
9
34
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
4. Trust Fund - Long Service Awards
The 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 $ 1,946,723
Add: Contribution from operating funds 231,574 221,806
Interest on long service award advances - 324
Interest on investments 80,433 67,954
312,007 290,084
Less: Long service awards paid to retiring employees 186,913 184,503
Due to operating account 18,456 1,917
Operating charge 60 25
205,429 186,445
Balance, end of year $ 2,156,940 $ 2,050,362
Consisting of:
Cash $ 169,679 $ 202,199
Investments and accrued interest on investments 2,007,634 1,827,131
Receivable - long service award advances
and accrued interest on advances - 22,949
Contribution due to operating funds (20,373) (1,917)
$ 2,156,940 $ 2,050,362
5. Payables and Accruals
2008 2007
Supplies and services $ 244,608 $ 412,583
Accrued private solicitors' fees (note 6) 3,685,353 2,874,218
Employee salaries and benefits 1,173,223 144,344
$ 5,103,184 $ 3,431,145
10
35
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
6. Measurement Uncertainty
Measurement 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 Cases
Special 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 Awards
Employees 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.
9. Employee future benefits
The 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 programs
11
36
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
10. Deferred Contributions - Property and Equipment
Deferred 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 2007
Balance, beginning of year $ 459,372 $ 738,747
Less: amounts amortized to revenue (103,484) (279,375)
Plus: contributions received - -
Balance, end of year $ 355,888 $ 459,372
11. Reserves
Reserve for Future Case Completion
The 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 Project
In October 2004, the Commission appropriated the total of $1,000,000 for family law Legal Aid
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 2007
Increase (decrease) in cash from changes in:
Receivables $ 33,116 $ (250,353)
Prepaid expenses (2,381) 19,880
Payables and accruals 1,672,038 112,349
Deferred contributions - special cases - (40)
Marketable securities (1,390,000) (4,710,000)
$ 312,773 $(4,828,164)
12
37
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
13. 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 Funds
On 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. Pensions
Pursuant 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.
13
38
NOVA SCOTIA LEGAL AID COMMISSION
NOTES TO THE FINANCIAL STATEMENTS
MARCH 31, 2008
16. Financial Instruments
(a) Terms and conditions
The 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 instruments
Financial 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 standards
The 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.
14
39
NOVA SCOTIA LEGAL AID COMMISSION
EXPENSE SCHEDULE
FOR THE YEAR ENDED MARCH 31, 2008
Budget Actual Actual
2008 2008 2007
Amortization $ 250,000 $ 173,833 $ 210,957
Directors' fees 30,000 22,746 18,888
Duty Counsel fees 445,000 464,240 429,980
Equipment and maintenance
Leasehold improvements 50,000 49,401 51,702
Office furniture and equipment 90,000 105,924 246,990
Office machine leasing 90,000 68,643 82,475
Office machine maintenance 75,000 58,000 75,672
305,000 281,968 456,839
Library 173,000 168,633 151,955
Memberships, meetings and conferences
Memberships and dues 230,000 234,821 215,975
Meetings and conferences 203,000 186,166 158,037
433,000 420,987 374,012
Miscellaneous
Grant - Dalhousie Legal Aid 69,000 69,000 69,000
Public information /legal education 5,000 5,000 5,000
74,000 74,000 74,000
Office disbursements
Civil and family 120,000 125,593 101,663
Adult criminal 150,000 167,557 144,033
Youth criminal 22,000 42,708 22,762
292,000 335,858 268,458
Private solicitors' fees
Civil and family - conflicts 1,813,030 1,889,774 1,684,155
Adult criminal - choice of counsel 255,200 141,937 159,772
Adult criminal - conflicts 1,557,240 1,790,452 1,304,754
Youth criminal - choice of counsel 104,200 20,767 -
Youth criminal - conflicts 396,930 343,488 230,776
4,126,600 4,186,418 3,379,457
Professional and other fees
Professional fees 40,000 30,515 37,253
Consultant fees 35,000 5,639 -
75,000 36,154 37,253
Salaries and benefits
Salaries and benefits 12,320,000 13,305,289 12,014,644
Employee future benefits 280,000 252,995 244,092
12,600,000 13,558,284 12,258,736
Supplies and services
General cleaning and office expense 100,000 103,256 71,790
Heat, light and water 30,000 33,974 25,936
Printing and stationery 115,000 106,360 98,231
Rent, insurance and taxes 950,000 949,323 868,569
Telephone and postage 215,000 226,225 208,735
1,410,000 1,419,138 1,273,261
Travel 195,000 171,412 193,955
$ 20,408,600 $ 21,313,671 $ 19,127,751
15
40
DEFINITION OF TERMS
Advice – Legal counsel provided to people who require only legal advice but no further
legal service.
AM – Amherst Office
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 Office
AT – Antigonish Office
BW – Bridgewater Office
Cells 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 Act
Dalhousie 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 lawyers
41
DEFINITION OF TERMS
with the assistance of Dalhousie Law School students who are supervised by their
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 Office
Full 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 Office
Halifax-South – Halifax Spring Garden Road Office
HRM YDC – Youth & Duty Counsel Office for the Halifax Regional Municipality
IPTA – 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 Office
Matters Completed - Cases which concluded in the fiscal year.
NG - New Glasgow Office
PH – 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 Office
Private Lawyers - Members of the private Bar representing clients by way of a Nova
Scotia Legal Aid Certificate.
42
DEFINITION OF TERMS
(r) – Revised
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 Office
TR - Truro Office
43
DEFINITION OF TERMS
WI - Windsor Office
YA - Yarmouth Office
YCJA - Youth Criminal Justice Act
44
