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Justice committee  In terms of our criminal law, it is clients who are charged with summary conviction offences where the Crown is not seeking a jail term. They would not be eligible for a certificate. We're able to represent those clients and act on their behalf.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  We can look at the experience in Ontario. If there's an indication that the Crown attorney is seeking a jail term, when that information becomes known there's an opportunity to apply to Legal Aid Ontario for a certificate. The client could then obtain representation from a practising lawyer.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Yes. Part of the difficulty, as Mr. Topp said, is that we have seen changes over time in terms of when a certificate would be issued and when it would not. Behind our concern about the effectiveness of the criminal justice system is the availability of adequate funding for legal aid, which is really critical to that piece.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Absolutely.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Part of what's happening in Ontario is that we're seeing, over a 10-year period, an increase in the financial eligibility of Legal Aid Ontario, recognizing that the income cut-offs are so low that we do have the gap. As that system is addressed and those income levels are increased, more people would qualify, but it is dependent on the continued adequate funding of legal aid to address those issues.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Yes, because I think that when you look at that provision, it's talking about serious criminality. Just by changing the definition now of summary conviction, you are increasing the possibility that far more people who have been convicted of lesser offences and who receive a sentence of over six months are now considered to be an issue of serious criminality.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  No, I haven't. I'm not able to address those points.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Thank you.

September 18th, 2018Committee meeting

Marion Overholt

Justice committee  Thank you. We appreciate the invitation to appear before you on this important piece of legislation. It is an honour to do so. I am the executive director of two legal clinics affiliated with the University of Windsor law school and Legal Aid Ontario. Both Community Legal Aid and Legal Assistance of Windsor have provided legal services to the low-income residents of Windsor and Essex County for over 40 years.

September 18th, 2018Committee meeting

Marion Overholt