Legal aid changing denial process following review by OmbudsPEI

A recent review by OmbudsPEI is sparking changes in how legal aid goes about denying someone representation.

The provincialprogram helps low-income Islanders with serious legal needs get a lawyer if they can't afford one.

"It's a really important program and itreallyimproves access to justice for those people," said P.E.I.'s ombudsperson, Sandy Hermiston.

"We just want to make sure that the program is being administered fairly."

OmbudsPEI is responsible for investigating complaints made about government departments or programs, municipalities, post-secondary institutions, and boards like the Island Regulatory and Appeals Commission.

WATCH |2 legal aid denials overturned after OmbudsPEI review:

2 legal aid denials overturned after OmbudsPEI review

6 months ago

Duration 2:48

A recent review by OmbudsPEI is sparking changes in how legal aid goes about denying someone representation. P.E.I.'s ombudsperson Sandy Hermiston speaks with CBC's Sheehan Desjardins about the investigation.

It said it received two separate complaints in September 2023, from people alleging legal aid unfairly denied or cancelled their applications but didn't tell them why.

"Part of a fair decision includes reasons for denial and they hadn't been given any," Hermiston said."In both cases, when we asked them to review their decisions, they determined that the people werein factentitled to legal aid."

'It's great to have that safeguard'

Hermiston said the first complaint involved someone who was initially granted legal representation but was later refused during an in-person meeting with their lawyer. Shesaid legal aid eventually changed its mind again and decidedto provide coverage, but told the person they'd have to find theirownlawyer for which legal aid would pay.

The second complaint came from someone who was denied outright without explanation, she said.

"We don't go to legal aid and say, 'We think you should cover this person,'" said Hermiston.

"We say, 'We understand that you have policies and procedures and guidelines and we respect those, but you need to apply them fairly and consistently.'"

The OmbudsPEI report, released Wednesday, has prompted changes in the denial process at legal aid.

Hermiston said all denials will now be reviewed by a second set of eyes.

In addition, a reason for the denial mustbe given to the person applying.

"Wereallyfelt like it was important to make sure that this wasn't happening to other people," she said. "We're all human, we all see things differently, mistakes are made, and so it's great to have that safeguard put in place."

'Happy with the outcome'

Late last month, the province also announced it was increasing the financial threshold, which had been in place since 2017,to increaseaccess to legal aid.

Previously, a person looking to access the system had to have a gross annual income of less that $17,632. That threshold is nowincreased to a net income of $22,252 per year.

Thatchangecame into effect April 1.

In an email to CBC News,legal aid said it is"confident that the new review system paired with recent beneficial changes to eligibility guidelines will further improve service delivery and access to representation."

Hermiston agrees.

"Very happy with the outcome and it wasreallyquite good to deal with legal aid," she said.

"They were the ones who came up with the solution. We always like it when the entity can say, look, here's how we think we can do this better."