A-14, r. 2 - Regulation respecting legal aid

Section 43.1 Disposition versions

2020-06-05

43.1. In addition to the legal services for which legal aid is granted under section 4.5 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), that aid shall be granted if an advocate assists a person participating in a program for the non-judicial treatment of certain criminal offences. It shall also be granted, in first instance, in any of the following cases:

(1)  to ensure the defence of a person who, being the subject of a conditional sentence order under section 742.1 of the Criminal Code (R.S.C. 1985, c. C-46), appears before the court under section 742.6 of that Code for a breach of a condition of that order; or

(2)  to ensure the defence of a person who, in any of the following cases, is prosecuted before a court for an offence described in paragraph 3 of section 4.5 of the Act respecting legal aid and the provision of certain other legal services;

(a)  the person is detained at the time of his appearance, unless the detention results from his failure to be present in court when required to appear;

(b)  the person is prosecuted for sexual assault or for an offence that consists in having mistreated his spouse or children;

(c)  the person will be brought before the court in the presence of a child under 14 years of age.

Section 4.6 of the Act respecting legal aid and the provision of certain other legal services applies, with the necessary modifications, to appeals lodged and, as the case may be, extraordinary recourses provided for in the Criminal Code or applications for judicial review under the Code of Civil Procedure (chapter C-25.01) exercised in a matter referred to in this section.

O.C. 1454-97, s. 31; I.N. 2016-01-01 (NCCP); S.Q. 2020, c. 12, s. 169.

2016-01-01

43.1. In addition to the legal services for which legal aid is granted under section 4.5 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), that aid shall be granted, in first instance, in any of the following cases:

(1)  to ensure the defence of a person who, being the subject of a conditional sentence order under section 742.1 of the Criminal Code (R.S.C. 1985, c. C-46), appears before the court under section 742.6 of that Code for a breach of a condition of that order; or

(2)  to ensure the defence of a person who, in any of the following cases, is prosecuted before a court for an offence described in paragraph 3 of section 4.5 of the Act respecting legal aid and the provision of certain other legal services;

(a)  the person is detained at the time of his appearance, unless the detention results from his failure to be present in court when required to appear;

(b)  the person is prosecuted for sexual assault or for an offence that consists in having mistreated his spouse or children;

(c)  the person will be brought before the court in the presence of a child under 14 years of age.

Section 4.6 of the Act respecting legal aid and the provision of certain other legal services applies, with the necessary modifications, to appeals lodged and, as the case may be, extraordinary recourses provided for in the Criminal Code or applications for judicial review under the Code of Civil Procedure (chapter C-25.01)exercised in a matter referred to in this section.

O.C. 1454-97, s. 31; I.N. 2016-01-01 (NCCP).

2012-09-01

43.1. In addition to the legal services for which legal aid is granted under section 4.5 of the Act respecting legal aid and the provision of certain other legal services (chapter A-14), that aid shall be granted, in first instance, in any of the following cases:

(1)  to ensure the defence of a person who, being the subject of a conditional sentence order under section 742.1 of the Criminal Code (R.S.C. 1985, c. C-46), appears before the court under section 742.6 of that Code for a breach of a condition of that order; or

(2)  to ensure the defence of a person who, in any of the following cases, is prosecuted before a court for an offence described in paragraph 3 of section 4.5 of the Act respecting legal aid and the provision of certain other legal services;

(a)  the person is detained at the time of his appearance, unless the detention results from his failure to be present in court when required to appear;

(b)  the person is prosecuted for sexual assault or for an offence that consists in having mistreated his spouse or children;

(c)  the person will be brought before the court in the presence of a child under 14 years of age.

Section 4.6 of the Act respecting legal aid and the provision of certain other legal services applies, with the necessary modifications, to appeals lodged and extraordinary recourses exercised in a matter referred to in this section.

O.C. 1454-97, s. 31.