Being able to consult a lawyer for free even if you are not entitled to legal aid will soon no longer be an unattainable dream: Quebec citizens who are not eligible for legal aid and who do not have the means to to pay for a lawyer will have access to free legal advice, first in the form of a pilot project starting this fall, then in the form of a permanent legal clinic starting in the fall of 2023.
The Barreau du Québec unveiled Tuesday in Montreal its legal clinic project which has a dual objective, namely to broaden access to justice while allowing law graduates to make a first real contact with clients and thus discover their needs and what they expect from a lawyer.
“We are finally there! exclaimed the Bâtonniere of Quebec, Me Catherine Claveau, presenting the clinic, “an important measure of access to justice” which represents “the largest student legal clinic and the only legal clinic with compulsory participation for law students in North America and in the Francophonie.
At his side, the Minister of Justice, Simon Jolin-Barrette, was just as enthusiastic. “It contributes to having a more modern, more accessible justice and the Quebec State […] and a society that has more access to justice, it allows us to better understand the reality in which we live, but above all also to deal with legal situations that are sometimes difficult, but to have the tools to deal with them. »
A necessary catch-up
The advice will thus be offered by students who are in the last stage of their legal training, that is, that of the formation of the Bar. Participation in the legal clinic will be compulsory for all students. These students will be supervised in their procedures by experienced lawyers.
This initiative was made possible by legislative changes that now allow students to provide legal advice and opinions. Minister Jolin-Barrette acknowledged that this was a major backlog. “We were the last Canadian jurisdiction where law students could not give legal advice or opinions under the supervision of a lawyer. »
Students will initially offer advice in the areas of civil, family, housing and social law, but the scope of practice will eventually be extended to other legal specialties.
This choice imposed itself, explained Me Claveau. “These are the areas of law where the legal needs are most pressing, in particular because citizens represent themselves before the courts. »
Appointments from September 15
The pilot project, which includes in-person and virtual consultations, will be led by the Montreal Bar School and will have approximately 100 students, 20 supervising lawyers and is expected to be able to serve 400 clients. The pilot project will start on October 18, but the Bar says it is already ready to receive requests for appointments from September 15.
Eventually, starting in the fall of 2023, the clinic will be extended to the other Bar training centers in Quebec, Sherbrooke and Gatineau, and will have 1,400 students, 200 supervisors and it is hoped to be able to serve 6,000 clients per year. The Barreau says it is aware that the legal clinic is in great danger of being a victim of its eventual success, the number of 6,000 clients per year being linked to the ability of the students to offer the services and not to the anticipated demand.