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Lawyers & Legal Help
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Free and low cost legal help in Nova Scotia
Services available include legal advice and representation, legal information, and help with resolving disputes without going to court.
If you cannot find what you are looking for, please call Legal Information Nova Scotia's free Legal Information Line at 1-800-665-9779 or 902-455-3135, or email us at [email protected] and we will try to help.
Civil law (lawsuits, Supreme Court, Court of Appeal)
Free Legal Clinic: Halifax Law Courts
If you are going to the Supreme Court or Court of Appeal in Halifax without a lawyer, the Free Legal Clinic at the Halifax Law Courts may be able to help. The Clinic provides information and advice on civil law issues before the Supreme Court or the Court of Appeal. Family law issues, except child protection appeals, going before the Court of Appeal also qualify.
The Clinic does not deal with criminal law issues in either Court, or family law issues in the Supreme Court Family Division. See the Family Law section for information about family law help services, including for the Supreme Court Family Division.
There is no income threshold to meet. Everyone qualifies for this free service, as long as your case meets the criteria above.
You can make an appointment to meet with a volunteer lawyer and law student for a private, free 60 minute session. The Clinic is open most Thursdays between 9:00 am and 1:00 pm in the Law Courts building 1815 Upper Water St., across from the foot of Duke Street. The Clinic area and the courthouse administration office are to the left when you come through the main entrance on the 2nd Floor. Follow the signs or ask at the reception desk.
This is not a drop-in clinic. You must schedule an appointment to be seen.
To make an appointment, call:
- 902-424-6900 for Supreme Court matters
- 902-424-6937 for Court of Appeal matters
You can also visit the Courts' Website for more information.
Area of law: Civil law
Free Legal Clinic: Sydney Courthouse
If you are going to the Supreme Court or Court of Appeal in Sydney without a lawyer, the Free Legal Clinic at the Sydney Courthouse may be able to help. The Clinic provides information and advice on civil law issues before the Supreme Court or the Court of Appeal.
The Clinic does not deal with criminal law or family law issues in either Court. See the Family Law section for information about family law help services, including for the Supreme Court Family Division.
There is no income threshold to meet. Everyone qualifies for this free service, as long as your case meets the criteria mentioned above.
You can make an appointment to meet with a volunteer lawyer for a private, free 60 minute session. The Clinic happens most Fridays, with appointments available at 10:00 am and 11:00 am. The Clinic is on the main floor of the courthouse at 136 Charlotte Street in Sydney. Follow the signs or ask at the reception desk to the right of the main doors.
This is not a drop-in clinic. You must schedule an appointment to be seen.
To make an appointment:
- call 902-563-3550, or make an appointment in person at the Court Administration office at the Sydney courthouse, 136 Charlotte Street
You can also visit the Courts' website for more information.
Area of law: Civil law
Free Legal Clinic: Truro Courthouse
If you are going to the Supreme Court or Court of Appeal in Truro without a lawyer, the Free Legal Clinic at the Truro Supreme Court may be able to help. The Clinic provides information and advice on civil law issues before the Supreme Court or the Court of Appeal.
The Clinic does not deal with criminal law or family law issues in either Court. See the Family Law section for information about family law help services, including for the Supreme Court Family Division.
There is no income threshold to meet. Everyone qualifies for this free service, as long as your case meets the criteria mentioned above.
You can make an appointment to meet with a volunteer lawyer for a private, free 60 minute session. The Clinic happens the first and third Friday of the month, Jan-June, Sept-Nov, except holidays. Appointments are available at 9 am, 10 am, and 11 am. The Clinic is at the Truro Supreme Court, 1 Church Street, Truro. Click here for the Clinic brochure.
This is not a drop-in clinic. You must schedule an appointment to be seen.
To make an appointment:
- call 902-893-3953, or make an appointment in person at the Supreme Court Administration Office, Lower Floor, 1 Church Street, through the Prothonotary's Office.
You can also visit the Courts' website for more information.
Area of law: Civil law
Free Legal Clinic: Yarmouth Court
If you are going to the Supreme Court or Court of Appeal in Yarmouth without a lawyer, the Free Legal Clinic at the Yarmouth Courthouse may be able to help. The Clinic provides information and advice on civil law issues before the Supreme Court or the Court of Appeal. Family law issues, except child protection appeals, going before the Court of Appeal also qualify.
The Clinic does not deal with criminal law issues in either Court, or family law issues in the Supreme Court Family Division. See the Family Law section for information about family law help services.
There is no income threshold to meet. Everyone qualifies for this free service, as long as your case meets the criteria above.
You can make an appointment to meet with a volunteer lawyer for a free 60 minute session. Appointments are available at 9, 10, and 11 a.m. on the first and third Fridays of the month, except on holidays.
This is not a drop-in clinic. You must fill out an application and schedule an appointment. People with close court dates get priority.
To make an appointment:
Appointments can be arranged in person at the Court Administration office at the Yarmouth courthouse, 164 Main Street. Ask for Court Administrator, Jean Brown. You can also make appointments by phone by calling 902-742-0580.
Visit the Courts' Website for more information.
Area of law: Civil
Workplace Sexual Harassment Free Legal Advice for Victims
If you are facing or have faced workplace sexual harassment anywhere in Nova Scotia, you can get up to four hours of free, independent legal advice to help you decide how to deal with it. Go here for more information.
To get free legal advice you can contact us:
- by telephone, toll free, at 833-407-3600, or
- by email at [email protected]
If you call, please leave a message telling us how to reach you and if it is safe to leave a return message when we call you back.
We will get back to you right away to arrange a meeting with a lawyer.
This program is completely confidential.
Go here for answers to common legal questions about sexual harassment in the workplace.
The Workplace Sexual Harassment Free Legal Advice program is a program of the Legal Information Society of Nova Scotia, funded by the federal Department of Justice.
Free Legal Advice for Sexual Assault Survivors
The Legal Advice for Sexual Assault Survivors Program provides up to 4 hours of free, independent legal advice for sexual assault survivors who are 16 years of age or older. You do not have to report to police or take legal action if you use this service.
Registration is done through an independent agency, 211 Nova Scotia. Dial 2-1-1 for intake. Go to novascotia.ca/sexualassaultlegaladvice/ for more information.
Areas of law: Criminal, Civil
Copyright, Trademarks, Patents
Canadian Intellectual Property Office
The Canadian Intellectual Property Office is a federal government office that provides legal information and services on trademarks, patents, copyright, industrial designs and integrated circuit topographies.
Contact:
- Phone: 1-866-997-1936
- Website: cipo.ic.gc.ca
Areas of law: Intellectual Property.
Criminal law (See also: Prison law)
Free Legal Advice for Sexual Assault Survivors
The Legal Advice for Sexual Assault Survivors Program provides up to 4 hours of free, independent legal advice for sexual assault survivors who are 16 years of age or older. You do not have to report to police or take legal action if you use this service.
Registration is done through an independent agency, 211 Nova Scotia. Dial 2-1-1 for intake. Go to novascotia.ca/sexualassaultlegaladvice/ for more information.
Areas of law: Criminal, Civil
Help with Applying for a Peace Bond
Halifax Regional Police Victim Services Help with Applying for a Peace Bond
Individuals who wish to apply for a peace bond through the Provincial Court in Halifax and Dartmouth can get support from Halifax Regional Police (HRP) Victim Services. Victim Services volunteers will provide potential and current applicants with information on the application process, assistance to complete the application forms and ongoing emotional support. Contact HRP Victim Services at 902-490-5300 for more information about the Peace Bond Navigator program.
Peace bond help from Nova Scotia Legal Aid
Nova Scotia Legal Aid (NSLA) is committed to helping people applying for peace bond orders. NSLA Staff Lawyers can help by explaining the steps required to begin a peace bond application and then explaining the court process. If you are seeking assistance to apply for a peace bond order, you can contact Nova Scotia Legal Aid at 902-420-7800 or apply online. A lawyer will contact you and provide you with confidential advice and assistance.
Click here for Legal Information about Peace Bonds and how to apply for one
Area of law: Criminal
Nova Scotia Legal Aid Advice and Representation
Nova Scotia Legal Aid provides legal information, advice and representation to Nova Scotians on criminal defence law issues. To get start to finish help with your case (full representation) you must be getting income assistance or have an equally low income. Contact Nova Scotia Legal Aid for further information, and go here for information about services and areas of criminal law covered.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Criminal, Prison law
Nova Scotia Legal Aid Duty Counsel for all Nova Scotians facing criminal or drug charges
Help from Duty Counsel lawyers is available to all Nova Scotians facing criminal or drug charges.
Nova Scotia Legal Aid Duty Counsel is available for:
- free, summary (brief) legal advice at court for those who do not have a lawyer
- youth and adults in custody (Criminal Law, court appearance at Bail Hearing)
- Emergency legal advice by telephone is available 24 hours a day, 7 days a week, 365 days a year, province-wide, if you have been arrested or detained by police
Contact:
- Your local courthouse or Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/ or contact the court
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Area of law: Adult and youth criminal law
Mi'kmaq Legal Support Network
The Mi’kmaq Legal Support Network provides legal support services and victim support services to Indigenous people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.
Contact:
- Phone:
- Cape Breton: 902-379-2042
- Dartmouth: 902-468-0381
- Truro: 902-895-1141
- Toll-free: 1-877-379-2042
Area of law: Criminal law
Debt and Credit issues
Bankruptcy Assistance Program-Superintendent of Bankruptcy
If you are considering bankruptcy, you'll need the help of a licensed professional who administers the bankruptcy process, called a Licensed Insolvency Trustee (LIT). Licensed Insolvency Trustees are licensed by the federal Office of the Superintendent of Bankruptcy.
If you are unable to get an LIT to accept your file, or if you cannot afford to hire an LIT, the Bankruptcy Assistance Program may be able to help if you:
- have contacted at least two LITs and tried to obtain their services
- are not, and have not recently been, involved in commercial activities
- are not required to make surplus income payments; and
- are not in jail.
Contact:
- Office of the Superintendent of Bankruptcy Canada
- Phone: 1-877-376-9902
- Website: osb.ic.gc.ca
Areas of law: Credit and debt law, Bankruptcy law
Credit Counselling
Financial Consumer Agency of Canada:
https://www.canada.ca/en/financial-consumer-agency/services/debt/debt-help.html: Information about how a credit counsellor can help you deal with debt, and how to find a trustworthy, qualified credit counselling service near you.
The Financial Consumer Agency of Canada has lots of free information about your options for managing debt.
Debtor Assistance Program, Service Nova Scotia
Note: as of July 2022 this program is on hiatus. Please check with Access Nova Scotia to find out if the program has started again.
The Debtor Assistance Program helps people experiencing financial difficulty deal with their creditors. You can meet with a licensed administrator who will review your situation and discuss options. If appropriate, administrators can file consumer proposals under the federal Bankruptcy Act. A consumer proposal is a debt repayment plan that avoids bankruptcy and is legally binding on creditors, if accepted. Administrators cannot file bankruptcy applications (you need a licensed insolvency trustee for that).
Contact:
- Phone: 902-424-5200 or toll free 1-800-670-4357 or visit your local Access Nova Scotia office
- Website: novascotia.ca/sns/access/individuals/debtor-assistance.asp
Nova Scotia Legal Aid
Nova Scotia Legal Aid provides a wide variety of services and programs to economically vulnerable Nova Scotians.
To get start-to-finish help with your case (full representation) you must be getting income assistance or have an equally low income. Free legal information and brief (summary) legal advice may be available for debt issues. It is important to contact Nova Scotia Legal Aid and fill out an application to see what help they can provide.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Credit and debt
Employment, Employment Insurance, Workers' Compensation
Labour Standards Nova Scotia
Labour Standards Division, NS Department of Labour, Skills and Immigration
The Nova Scotia Labour Standards Code applies to employers, employees, and recruiters. There are also rules for the recruitment of workers and the hiring of foreign workers. The Labour Standards Division addresses questions and complaints from the public about how the provincial Labour Standards Code applies to specific employment situations. Complaints about potential violations of the Labour Standards Code generally must be filed within 6 months of the issue or incident occurring. If you file a complaint, an officer will try to settle the dispute and, if the dispute does not settle, will investigate and issue a formal decision, if necessary.
Labour Standards also has an online Guide to the Nova Scotia Labour Standards Code
Contact:
- Address: 1505 Barrington Street, 3rd Floor North, Halifax B3J 3K5
- Phone: 902-424-4311 or 1-888-315-0110 (toll-free in NS)
- Website: novascotia.ca/lae/employmentrights/
Labour Standards Division,NS Department of Labour, Skills and Immigration
Area of law: Employment law
Employment Insurance Appeals
Nova Scotia Legal Aid provides information, advice and representation about Employment Insurance Appeals. To get start to finish help with your case (full representation) you must be getting income assistance or have an equally low income. Contact Legal Aid for information about help with an Employment Insurance issue.
Nova Scotia Legal Aid has online legal information about Employment Insurance Appeals
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Administrative law, Employment Insurance
Free legal services for Workers' Compensation issues
Workers' Advisers Program Nova Scotia
This Workers' Advisers Program offers legal services to eligible injured workers and their families, who are seeking compensation under Nova Scotia's Workers’ Compensation Act. Services are offered at all levels of appeals, including at Court in special cases. In general, in order to qualify for services, an injured worker must have a reasonable expectation of success in obtaining at least $500, or the equivalent, in an appeal from a Workers' Compensation Board written decision. The legal services are provided independently of the Workers’ Compensation Board and the Workers’ Compensation Appeals Tribunal. Clients of the program are in a solicitor/client relationship with the program and its staff, in the same way as they would be with any other lawyer or law firm in Nova Scotia.
Contact:
- Address:
- Halifax: 502–5670 Spring Garden Road Halifax, NS B3J 2X1
- Sydney: 5–1030 Upper Prince Street Sydney, NS B1P 5P6
- Phone (voice & TTY): 1-800-774-4712 (Halifax office) or 1-800-890-6786 (Sydney office)
- Website: novascotia.ca/lae/wap/
Area of law: Workers' Compensation
Information, advocacy, support on Workers' Compensation issues
Office of the Worker Counsellor
The Office of the Worker Counsellor offers information, advice, education and advocacy for injured workers, their representatives in the workplace and their family members on all aspects of workers’ compensation in Nova Scotia.
Contact:
- Address: Suite 220-3700 Kempt Road, Halifax, NS
- Phone : 902-455-5455 or 1 877-220-2722
- Website: workercounsellor.ca
Area of law: Workers' Compensation, Administrative law
Workplace Sexual Harassment Free Legal Advice for Victims
If you are facing or have faced workplace sexual harassment anywhere in Nova Scotia, you can get up to four hours of free, independent legal advice to help you decide how to deal with it. Go here for more information.
To get free legal advice you can contact us:
- by telephone, toll free, at 833-407-3600, or
- by email at [email protected]
If you call, please leave a message telling us how to reach you and if it is safe to leave a return message when we call you back.
We will get back to you right away to arrange a meeting with a lawyer.
This program is completely confidential.
Go here for answers to common legal questions about sexual harassment in the workplace.
The Workplace Sexual Harassment Free Legal Advice program is a program of the Legal Information Society of Nova Scotia, funded by the federal Department of Justice.
Employment Law Legal Information-Halifax Workers' Action Centre
Do you have a legal problem at work? Want to learn more about your workplace rights? The Workers’ Action Centre helps workers with labour standards issues, unpaid wages, terminations, workplace discrimination, and more. We provide free, one-on-one assistance to low-wage and marginalized workers. We are unable to offer assistance to unionized workers.
Contact:
- Website: halifaxwac.ca
- To schedule an appointment call (902) 221-0755 or email [email protected]
Area of law: Employment law
Environmental Law
East Coast Environmental Law
East Coast Environmental Law (ECELAW) is a non-profit organization that envisions a clean, healthy environment that is protected by the fair application of strong environmental laws. ECELAW was founded in 2007 with a mission to provide public access to environmental law information and advice, to promote the development and equitable application of progressive environmental laws, and to assist in the development of the next generation of lawyers who are committed to using the law to achieve environmental protection and sustainability. ECELAW provides a public inquiry service, partners with other environmental organizations, holds workshops, publishes citizen guides and research papers, and mentors environmental law students.
Contact:
• Phone: 902-494-7121 (Environmental law Inquiry Service)
• Website: www.ecelaw.ca
Areas of law: Environmental law; Aboriginal and Indigenous law in environmental contexts.
Family law
Nova Scotia Legal Aid Advice and Representation
Nova Scotia Legal Aid provides legal information, advice and representation to Nova Scotians on family law issues, including child protection, custody, parenting time, child and spousal support, separation and divorce.
Some level of help is available to all Nova Scotians on family law issues. To get start to finish help with your case (full representation) you must be getting income assistance or have an equally low income. Contact Nova Scotia Legal Aid for further information.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Area of law: Family Law
Free Brief Legal Advice at Family Courts
Summary Advice Counsel at Family Courts
The Summary Advice Counsel is a lawyer who assists people who need legal advice on a family law matter, but who do not have a lawyer. The Summary Advice lawyer provides basic legal advice, free of charge, regardless of how much you make or where you get your income.
This service is available throughout Nova Scotia. Your case or issue must be somehow related to the court where the Summary Advice lawyer is located. For example, if you are making an application to the court in Halifax, you should book an appointment with the lawyer in Halifax.
The purpose of the Summary Advice Counsel service is to give people a better understanding of their legal rights and responsibilities. The Summary Advice lawyer can give basic information about legal terms, how to start or respond to a court application, court processes, legal documents, and other aspects of family law.
The Summary Advice lawyer can give advice on parenting arrangements, child support and spousal support, property division, divorce, and most other family law matters and court processes.
The Summary Advice lawyer does not provide advice to parents involved in child protection matters, or for matters involving Mi’kmaw Family Services. The Summary Advice lawyer may provide advice to a non-party to a child protection matter. For example, if you are not directly involved with a child protection proceeding and are applying for decision-making responsibility for, or contact with, the children involved.
The Summary Advice lawyer does not go to court with you. For more information about this service, click here.
You can contact your local Summary Advice lawyer to book an appointment by calling the appropriate number below:
| Annapolis | 902-742-0500 | Pictou | 902-485-7350 |
| Antigonish | 902-863-7312 | Port Hawkesbury | 902-625-2665 |
| Amherst | 902-667-2256 | Sydney | 902-563-2085 |
| Bridgewater | 902-543-4679 | Truro | 902-893-5840 |
| Halifax | 902-424-5616 | Windsor | 902-679-6075 |
| Kentville | 902-679-6075 | Yarmouth | 902-742-0500 |
Area of law: Family Law
Dalhousie Legal Aid Advice and Representation
Dalhousie Legal Aid provides legal aid services to Nova Scotians who have a lower income and who would otherwise be unable to obtain legal advice. Generally, for family law issues you must first apply to Nova Scotia Legal Aid before being assigned a lawyer at Dalhousie Legal Aid.
Contact:
- Address: 5746 Russell Street St. Halifax
- Phone: 902-423-8105
- Website: http://www.dal.ca/faculty/law/dlas.html
Area of law: Family law
General
Nova Scotia Legal Aid Information, Advice, Representation
Nova Scotia Legal Aid offers legal information, legal advice and representation. To get start to finish help with your case (full representation) you must fill out an application and meet income and area of law requirements.
Nova Scotia Legal Aid only provides lawyers for certain types of law, generally Family Law, Criminal Law, and Social Justice, which includes Income assistance, Residential tenancies (tenant rights), CPP disability, and EI - Employment Insurance, Prison Law, Adult Capacity and Decision-making, Involuntary Psychiatric Treatment, Adult Protection.
Go to nslegalaid.ca for more information about available services and areas of law covered.
Youth qualify for services independently of their family.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Dalhousie Legal Aid Services
Dalhousie Legal Aid Service is a community legal clinic that provides legal aid services to people otherwise unable to obtain legal advice.
Generally, you must first apply to Nova Scotia Legal Aid before getting a lawyer at Dalhousie Legal Aid for family law or youth criminal law issues. Contact Dalhousie Legal Aid directly about legal issues for people with low incomes, such as income assistance, tenant rights, human rights complaints, police complaints, mental health law issues, and disputes with Nova Scotia Power. Contact Dalhousie Legal Aid for details about services and areas of law covered.
Contact:
- Address: 5746 Russell Street St., Halifax
- Phone: 902-423-8105
- Website: http://www.dal.ca/faculty/law/dlas.html
Lawyers in private practice: flexible fee options
Here are some things to ask about if you are looking for a lawyer in private practice and cost is an issue:
- can you help me with just part of my case? Lawyers call this a "Limited Scope Retainer" or "unbundled" services
- do you offer coaching for people who are representing themselves? Coaching is basically out-of-court strategic support
- do you charge a flat fee for this type of work?
- will you consider a contingency fee agreement?
- what is your hourly rate?
- can the lawyer wait to get paid once you get the money you are seeking (for example, spousal support, matrimonial property division)
- do you offer any pro bono (free) help?
Get more information about Finding a lawyer, and How lawyers charge for their work
Housing
Dalhousie Legal Aid Tenant Rights Advice
Dalhousie Legal Aid provides free information, advice and representation to tenants on Residential Tenancies and low income housing issues. Contact Dalhousie Legal Aid for details.
Download Dalhousie Legal Aid's Tenant Rights Guides
Contact:
- Address: 5746 Russell Street St. Halifax
- Phone: 902-423-8105
- Website: http://www.dal.ca/faculty/law/dlas.html
Areas of law: Residential tenancies (Tenant rights), Administrative law
Nova Scotia Legal Aid Tenant Rights Advice
Nova Scotia Legal Aid provides free legal information, advice and representation on Residential Tenancies issues for tenants. To get start to finish help with your case (full representation) you must be getting income assistance or have an equally low income. Contact Nova Scotia Legal Aid for further information.
Nova Scotia Legal Aid has online legal information about tenant rights
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Residential tenancies (Tenant rights), Administrative law
Residential Tenancies (Service Nova Scotia)
Residential Tenancies (Service Nova Scotia)
The Residential Tenancies program, part of Service Nova Scotia, is the Nova Scotia government office that deals with residential landlord and tenant disputes. The Residential Tenancies program helps landlords and tenants understand their rights, and exercise those rights when necessary. They offer a range of services, including dispute resolution, residential tenancies forms and information booklets for both landlords and tenants.
Contact:
- Phone: 902-424-5200 or 1-800-670-4357
TTY: 1-877-404-0867 - In-person: Access Nova Scotia locations province-wide
- Website: novascotia.ca/sns/access/land/residential-tenancies.asp
Area of law: Residential Tenancies, for Landlords and Tenants
Condominium Dispute Resolution (Service Nova Scotia)
Service Nova Scotia: Condominium Dispute Resolution
Service Nova Scotia offers information about condominium ownership, how condominium corporations are operated, what costs are involved in condominium ownership, and what to watch for when buying a new or existing condominium. They also offer ways for resolving disputes between condominium owners and condominium corporations - dispute resolution for minor disputes, and arbitration for other issues. There is a $124.60 fee to apply for dispute resolution.
Contact:
- Phone: 902-424-5200 or 1-800-670-4357
TTY: 1-877-404-0867 - In-person: Access Nova Scotia locations province-wide
- Website:novascotia.ca/sns/access/
Area of law: Condominium law
Income Assistance (Welfare)
Dalhousie Legal Aid Income Assistance Advice
Dalhousie Legal Aid provides free information, advice and representation to low income Nova Scotians on income assistance issues.
Download Dalhousie Legal Aid's Welfare Rights Guide
Contact:
- Address: 5746 Russell Street St. Halifax
- Phone: 902-423-8105
- Website: http://www.dal.ca/faculty/law/dlas.html
Areas of law: Income Assistance, Administrative law
Nova Scotia Legal Aid Income Assistance Advice
Nova Scotia Legal Aid provides free legal information, advice and representation on income assistance issues for low income Nova Scotians. Contact Nova Scotia Legal Aid for further information.
Youth qualify for services independently of their family.
Nova Scotia Legal Aid has online legal information about Income Assistance
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Income assistance, Administrative law
Indigenous Justice Services and Information
The Confederacy of Mainland Mi'kmaq
The mission of The Confederacy of Mainland Mi'kmaq (CMM) is to proactively promote and assist Mi’kmaw communities’ initiatives toward self determination and enhancement of community. The CMM has a number of plain language public legal education materials to help the Mi’kmaq understand their rights and responsibilities under the law, including:
- Mi’kmaq Wills Package: For Nova Scotia Mi’kmaq, which includes
1. Book One: How to Write a Will
2. Book Two: How to Settle an Estate
3. Book Three: How to Write a Power of Attorney and Personal Directive
4. Mi'kmaq Wills and Estates & Matrimonial Real Property
Copies are located in band offices of The CMM's member bands or can be found online at cmmns.com/program/wills-estates
- Emergency Protection Orders pamphlet
- Exclusive Occupation Order pamphlet
- Mi’kmaw Matrimonial Real Property: A Guide for Bear River, Millbrook, Paqtnkek, Pictou Landing, and Sipekne'katik
Contact:
Address: 57 Martin Crescent Truro, NS B2N 6N7
Phone: 902-895-6385 or 1-877-892-2424
Website: cmmns.com
Areas of law: Wills and Estates law, Family law
Mi'kmaq Legal Support Network
The Mi’kmaq Legal Support Network provides legal support services and victim support services to Indigenous people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.
Contact:
- Phone:
- Cape Breton: 902-379-2042
- Dartmouth: 902-468-0381
- Truro: 902-895-1141
- Toll-free: 1-877-379-2042
Area of law: Criminal law, including victim support
Indigenous Justice Initiative, Nova Scotia Legal Aid
This program offers services to Indigenous peoples and communities, both on and off reserve. Outreach services in and near Indigenous communities is offered in Indian Brook, Paq'tnkek, Wagmatcook, We'koqma'q, Potlokek, Eskasoni. Outreach is also provided at the Mi'kmaw Native Friendship Centre in Halifax. Indigenous lawyers are available in Dartmouth, Windsor, Sydney, Millbrook, Bridgewater, and Yarmouth.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
- Nova Scotia Legal Aid - Indigenous Justice Information and Resources
Areas of law: Family Law, Criminal Law, and Social Justice (income assistance, residential tenancies, CPP disability, EI)
Resource Guide for people who work with Indigenous Clients in the Atlantic Canadian Justice System
Bringing Balance to the Scales of Justice: Fulfilling Our Responsibility to Indigenous People involved in the Justice System (2018)
A resource guide that provides a general introduction to justice issues for people who work with Indigenous clients in the Atlantic Canadian justice system. The first half of the guide focuses on an overview of the post-colonial experiences of Indigenous people in Atlantic Canada, explores the reasons for Indigenous overrepresentation in the justice system and reviews efforts to reduce this overrepresentation. The second half provides insights into traditional Indigenous views on justice and healing and outlines some of the common ceremonial practices that can be successfully integrated into justice programs.
Published by: Mi’kmaq Confederacy of PEI - Indigenous Justice Program
Immigrants, Refugees
Atlantic Refugee and Immigrant Services
Atlantic Refugee and Immigrant Services Project (ARIS), Salvation Army
ARIS provides form filling help to refugees and immigrants. They can help with the following applications: Citizenship, Family Class Sponsorship, Travel Documents, and Permanent Resident Documents. They only provide help with Temporary Resident Permits in the case of an Open Work Permit being submitted with a Spousal Sponsorship application, when applicable.
Service is provided at the Spryfield Community Church & Family Resource Centre.
Contact:
- Address: 328 Herring Cove Rd, Halifax, NS B3R 1V4
- Phone: 902-477-5393
- Website: https://salvationarmy.ca/maritime/home/locations/nova-scotia/
Areas of law: Immigration, Refugee law
Halifax Refugee Clinic Advice and Representation
The Halifax Refugee Clinic is a non-profit, non-government organization serving refugee claimants, refugees and people in need of protection in Nova Scotia. They provide free legal and settlement services to people who cannot afford the services of private legal counsel.
Contact:
- Address: 5538 Macara St. Halifax
- Phone: 902-422-6736
- Email: [email protected]
- Website: halifaxrefugeeclinic.org/
Area of law: Refugee law
Immigrant Services Association of Nova Scotia
Immigrant Services Association of Nova Scotia (ISANS)
Provides services to help immigrants settle in NS, as well as refugee resettlement, language training, employment services, business services, community connections, family counselling, and more.
ISANS is able to refer clients to outreach legal services offered at ISANS by:
- Dalhousie's Schulich School of Law Pro Bono: immigration applications
- McInnes Cooper: business law services.
ISANS clients must be referred by ISANS staff to legal services available at ISANS. Arrive 15 minutes earlier to complete an application form and bring two documents-proof of income and ID such as Permanent Resident or citizenship card.
Dalhousie Schulich School of Law pro bono law students provide legal information and assistance with applications for permanent residency, citizenship, sponsorship.
Contact:
- Address: 6960 Mumford Road, Suite 2120, Halifax, Nova Scotia, B3L 4P1
- Phone: 902-423-3607 or 1-866-431-6472 (toll free in NS)
- www.isans.ca
Areas of law: Immigration law, Business Law.
Land (Real Property) law
Land Titles Initiative communities-free legal help to get clear land title
The Land Titles Initiative (LTI) helps residents in the communities of North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville and Sunnyville get clear title to their land at no cost. There are Community Navigators to help all applicants involved in the Land Titles Initiative. Their role is to work directly with residents to help them through the land claims process. There are different ways to get clear land title. The Community Navigators will help you get on the right path and will track the progress on your case. They can also help connect you with other services you may need.
You can call a Community Navigator to ask questions about the status of the title to a parcel within the LTI communities. You do not need to have a land titles claim registered with the LTI. If title is unclear, you may submit an intake application to determine your eligibility for the LTI.
To speak with a Community Navigator or schedule a meeting call toll free: 1-833-424-6100 or email: [email protected]
Name and Gender Marker change
Free help with Name and Gender Marker Change process-UNB Imprint Trans ID Clinic
The Imprint Trans ID Clinic provides free legal information, form-filling services, and referrals in a trans-positive and inclusive space, for folks who wish to change their legal documents to update their name and gender marker and who need help with the forms and processes. Free form-filling services are provided for the following documents:
- Birth Certificate
- Driver's License
- Health card (MSI)
- Social Insurance Number (SIN)
- Passport
- Newcomer documents
- Student ID (Name only)
The clinic serves all clients from New Brunswick, Newfoundland and Labrador, Prince Edward Island, and Nova Scotia. During the clinic, law students from the University of New Brunswick Faculty of Law assist clients with their legal transition by explaining all necessary steps. Lawyers from McInnes Cooper are on-hand to supervise and assist clients with complicating factors. This service is provided by the University of New Brunsick Faculty of Law chapter of Pro Bono Students Canada, in partnership with Imprint Youth Association and McInnes Cooper.
For more information or to make appointment online for the next free virtual clinic, go to https://unbtransidclinic.wixsite.com/home
Prison law
East Coast Prison Justice Society
East Coast Prison Justice Society is a non-profit organization that acts as a hub for individuals and organizations involved in prison justice advocacy in the Atlantic Provinces. Their work aims to improve conditions for criminalized and incarcerated people through education, research, scholarship and legal support.
Legal Resources: https://www.eastcoastprisonjustice.ca/resources.html
Contact:
- Facebook: https://www.facebook.com/
ECPJS/ - Email: [email protected]
- Web: www.eastcoastprisonjustice.ca/
Areas of law: Criminal, Prison law
Habeas Corpus in Nova Scotia
Habeas Corpus in Nova Scotia: An Accessible Guide (PDF)
An East Coast Prison Justice Society publication, produced in collaboration with the Elizabeth Fry Society of Mainland Nova Scotia and the Elizabeth Fry Society of Cape Breton.
Areas of law: Criminal, Prison law
Human Rights Handbook for Prisoners in Provincial Jails
A Handbook for Prisoners in Provincial Jails in Nova Scotia
Published by: Canadian Association of Elizabeth Fry Societies with East Coast Prison Justice Society
Areas of law: Criminal, Prison law
Human Rights Handbook for Women Serving Federal Sentences
Human Rights in Action: Handbook for Women Serving Federal Sentences (PDF)
Published by: Canadian Association of Elizabeth Fry Societies.
Areas of law: Criminal, Prison law
Elizabeth Fry Societies NS
The Elizabeth Fry Society Mainland Nova Scotia and the Elizabeth Fry Society of Cape Breton are community based organizations that address the criminalization of women and girls in Nova Scotia.
Contact:
Elizabeth Fry Society Mainland Nova Scotia
1 Tulip Street
Dartmouth NS
902-454-5041
Elizabeth Fry Society of Cape Breton
12 Cecelia Levatte Crescent
Sydney NS
902-539-6165
Areas of law: Criminal, Prison law
John Howard Society NS
John Howard Society of Nova Scotia is a provincial organization whose goal is to understand and respond to problems of crime and the criminal justice system.
Contact:
John Howard Society of Nova Scotia
541 Sackville Drive, Suite 1
Lower Sackville NS
902-429-6429
Areas of law: Criminal, Prison law
Nova Scotia Legal Aid Prison Law Initiative
Nova Scotia Legal Aid provides legal information, advice and representation to Nova Scotians on criminal defence law issues. Contact Nova Scotia Legal Aid for further information, and download their Prison Law Initiative brochure for information about services and areas of prison law covered.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Areas of law: Criminal, Prison law
PATH Legal: Prisoner Advocacy Hub
PATH is a non-profit law firm that provides prison law assistance to its clients. PATH's mandate is to support people who are currently incarcerated with prison law matters and people who have suffered from miscarriage of justice.
Contact:
Website: www.pathlegal.ca
Renseignements ou conseils juridiques en français
Access Justice Centre
L'Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE)
Pour obtenir de l’information en français ainsi qu’une liste des juristes d’expression française en Nouvelle Écosse, veuillez communiquer avec l’Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE). L’AJEFNE est un organisme à but non lucratif fondé en 1994 pour promouvoir l’accès aux services juridiques pour la population acadienne et francophone de la Nouvelle-Écosse.
- Address: 1741, rue Brunswick, Halifax, Nouvelle-Écosse B3J 3X8
- Téléphone : (902) 433-2085, sans frais : 1-844-250-8471
- www.ajefne.ns.ca/
Cliquez justice
Pour obtenir de l’information en français en ligne, consultez le site web CliquezJustice.ca. CliquezJustice.ca est un portail canadien d’information juridique simplifiée qui aide à comprendre ses droits et obligations pour mieux gérer les situations juridiques du quotidien.
Wills, Power of Attorney, Personal Directives, other estate issues
Dalhousie Wills Project
Dalhousie Schulich School of Law Wills Project
The project allows low-income seniors to meet with a lawyer, in the lawyer’s office or at a client’s home within the HRM on request, to get a will, power of attorney, or personal directive done. The project operates during the school year, with a cohort of clients served in the Fall semester and a cohort in the Winter semester. Documents are executed within November and May, depending on the cohort. No client work is done during the Summer. To be eligible for the project, you should have no real property interest (you do not own your home or any land), have an income of less than $25,000 a year, have assets less than $65,000, and should be 65 years of age or older. Criteria are flexible, and those who fall outside the criteria may also use the service if resources permit.
Contact:
- Phone: 902-494-3704
- Email: [email protected]
Areas of law: Draft wills, Power of Attorney, and Personal Directive documents
Make your Nova Scotia Personal Directive for free
Go here for more information about making your Personal Directive, and why you need one.
Nova Scotians can make a personal directive using the Legal Information Society of Nova Scotia's free online Personal Directive App. You can also download print versions of the information you need to make your Personal Directive.
Youth services
Nova Scotia Legal Aid Advice and Representation for Youth
Nova Scotia Legal Aid provides full service representation (start to finish help) to youth between the ages of 12 to 18 on youth criminal justice issues.
Nova Scotia Legal Aid Duty Counsel is available for youth in custody and youth at court who do not have a lawyer. Duty Counsel is available 24/7 province-wide for emergency help for youth in police custody (arrested or detained). Available around the province. Contact your local Legal Aid office.
Nova Scotia Legal Aid provides in-office summary legal advice (brief advice) to anyone between the ages of 12 to 18 on social justice issues, including:
- Tickets (for example: Motor Vehicle Act, Protection of Property Act, Liquor Control Act, Off-Highway Vehicles Act tickets)
- School level or school board issues
- Housing
- License suspensions
- Youth Ombudsman, Department of Community Services or Children and Family Services Act cases where you are a party or have a court date
- Protection of Property Act notices where you are prevented from accessing services
- Family court disputes between your parents or guardians where you have questions or want a voice
- Any other situation where you have a question or need an advocate.
All youth between ages 12 to 18 qualify for this service from Legal Aid, regardless of income. Family income does not matter. Click here for more information about Youth Services offered by Nova Scotia Legal Aid.
Contact:
- Your local Legal Aid office at: nslegalaid.ca
- Website: nslegalaid.ca/
- Apply for NS Legal Aid online at: nslegalaid.ca/online-application/
Area of law: youth criminal law, social justice law
Dalhousie Legal Aid Advice and Representation for Youth
Dalhousie Legal Aid provides legal aid services to youth in trouble with the law. For youth criminal issues you must first apply to Nova Scotia Legal Aid before being assigned a lawyer at Dalhousie Legal Aid.
Contact:
- Address: 5746 Russell St. Halifax
- Phone: 902-423-8105
- Website: http://www.dal.ca/faculty/law/dlas.html
Area of law: youth criminal law
Last reviewed: August 2022
Lawyers and Legal Advice
If you have a legal problem, it is a good idea to talk to a lawyer to get legal advice.
A lawyer can:
- explain the legal system and what to expect
- interpret and explain the law that applies to your specific problem
- tell you about ways to resolve your legal issue without going to court
- advise you about the best options for you
- check documents and other information you need
- advocate for you in negotiations and in court
- defend your rights and advise you about your legal responsibilities
- give a legal opinion about what may happen in your case.
Ways to get legal advice:
- A lawyer in private practice (a lawyer you would pay). For more information, see Finding a Lawyer in Private Practice, and How Lawyers Charge for their Work.
- Nova Scotia Legal Aid
- Summary Legal Advice clinics (free, brief legal advice). See our Free and Low Cost Legal Help list for more information.
Finding a lawyer in private practice (lawyer you would pay)
Lawyers in private practice: budget-friendly options
Here are some things to ask about if you are looking for a lawyer in private practice and cost is an issue:
- do you offer pro bono (free) help?
- can you help me with just part of my case? Lawyers call this a "Limited Scope Retainer"
- do you offer coaching for people who are representing themselves? Coaching is basically out-of-court strategic support
- do you charge a flat fee for this type of work?
- will you consider a contingency fee agreement?
- what is your hourly rate?
- can the lawyer wait to get paid once you get the money you are seeking (for example, spousal support, matrimonial property division).
More Information about How lawyers charge for their work
Online Lawyer Directory
Nova Scotia Barristers' Society
The Nova Scotia Barristers’ Society (NSBS) regulates lawyers in Nova Scotia, and has an online directory of all lawyers licensed to practice law in Nova Scotia. You can find a lawyer by name, law firm, or location. The directory also says the year the lawyer was called to the Nova Scotia Bar, and whether the lawyer has any disciplinary history.
Contact
www.nsbs.org. Click on "Directory of Lawyers"
Telephone: 902-422-1491
Telephone Directories
Lawyers are listed in the telephone book, both online and in print, in alphabetical order as well as under location and the type of law they do.
Your Employee Assistance Program
If you have an Employee Assistance Program (EAP) in your workplace you should contact your EAP to see whether they provide help in finding and/or paying for a lawyer in private practice, or cover a consultation with a lawyer.
Francophone lawyers
Pour obtenir de l’information en français ainsi qu’une liste des juristes d’expression française en Nouvelle Écosse, veuillez communiquer avec le centre Accès Justice Access, un project de l’Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE). L’AJEFNE est un organisme à but non lucratif fondé en 1994 pour promouvoir l’accès aux services juridiques pour la population acadienne et francophone de la Nouvelle-Écosse.
Contact:
www.ajefne.ns.ca
1741, rue Brunswick / 1741 Brunswick Street, Halifax, Nouvelle-Écosse B3J 3Z6
Téléphone: 902-433-2085 ou 1-844-250-8471
Personal recommendation
Trusted service providers at community agencies, or your friends, family members or co-workers may be able to give you suggestions about finding a lawyer in private practice.
Your union
If you are a member of a union, it is worth speaking with your union to see whether they can offer any help in finding a lawyer, or help with covering the cost of a consultation with a lawyer or legal fees.
Legal Info Nova Scotia's Lawyer Referral Service
If you plan to hire a lawyer the Legal Information Society of Nova Scotia offers a Lawyer Referral Service through which you might be referred to a lawyer for an intial up to 30 minute consultation for no more than $20 plus tax, if a referral is appropriate in your situation. The lawyer would not do legal work or give you legal advice in the initial consultation, just give you a general idea of your options and costs if you decide to hire the lawyer and the lawyer agrees. You would have to work out a fee arrangement if you and the lawyer decide to go ahead after the initial consultation. See "how lawyers charge for their work" for more information about fee arrangements.
Contact:
Legal Info Nova Scotia's Lawyer Referral Service
How lawyers charge for their work
When you first meet with your lawyer, or soon afterwards if you decide to hire them, your lawyer should give you information about:
- their legal fees and how they are calculated
- interest charged if you do not pay your bill on time
- out-of-pocket expenses (disbursements).
A lawyer must not charge or accept a fee or disbursement, including interest, unless it is fair and reasonable and has been disclosed in a timely fashion. ( Rule 3.6-1 Code of Professional Conduct for NS Lawyers)
Do not be afraid to ask questions. You need to have a good, professional working relationship with your lawyer, and that includes being comfortable talking about the expected costs involved, and bills you get. Lawyers have an obligation to explain the basis of fees and disbursements they charge.
Tight budget? Ask your lawyer about flexible fee arrangements like flat fees, a contingency fee, or a Limited Scope Retainer.
What are legal fees and what are they based on?
Fees are what lawyers charge for their legal services, including their time, expertise and skills. Fees should be fair and reasonable, and your lawyer should let you know about them in a timely way. What is fair and reasonable will depend on factors like:
- time and effort needed and spent
- lawyer’s experience and abilities
- difficulty and complexity of the issues
- what is at stake for you (for example, amount of money, importance to you)
- any estimate or range of fees the lawyer gave you
- fee arrangement you were told about and agreed to
- the outcome of the case.
What are disbursements?
Disbursements are out-of-pocket expenses paid to third parties on the client's behalf, like:
- couriers, printing, postage
- long-distance telephone, faxing
- service of documents (process server)
- court filing fees
- government fees
- medical reports
- assessments
- transcripts
- expert fees.
Below are the most common ways that lawyers charge for their work, and steps you can take if you have a dispute about your lawyer's bill.
Hourly rates
Hourly rate
Lawyers usually bill on an hourly basis. Your lawyer’s time on your case includes things like research, telephone calls, emails, texts, letters, meetings, legal document preparation, discoveries, and court or tribunal appearances. A lawyer’s hourly rate usually depends on the lawyer’s years of experience - newer lawyers are generally less expensive than more experienced lawyers. The general range is from about $150 to $500 an hour.
Contingency fee agreements
Contingency fee
A contingency fee is a percentage of the money the lawyer gets for you if successful. If you win, the lawyer gets the percentage agreed on as the lawyer's fee.
...a lawyer may enter into a written agreement...that provides that the lawyer’s fee is contingent, in whole or in part, on the outcome of the matter for which the lawyer’s services are to be provided (Rule 3.6-2 Code of Professional Conduct for NS Lawyers)
Lawyers often use a contingency fee agreement in lawsuits where the client cannot pay up front, such as for a personal injury claim. If you lose the case, you do not pay the lawyer any fee. However, you may still have to pay the disbursements.
The percentage is open to negotiation between you and your lawyer, but must be fair and reasonable. The percentage is based on factors like: the likelihood of success, nature and complexity of the claim, expense and risk of going ahead, amount of expected recovery, and who is to get an award of costs.
A contingency fee agreement must be in writing, and must include certain terms and conditions that come from Rule 77.14 of Nova Scotia's Civil Procedure Rules.
Most contingency fee agreements say that if you decide to change lawyers you will usually need to pay the first lawyer for the work they did on your file up to that point.
A contingency fee agreement is a contract with your lawyer. Read it carefully and be sure you understand its terms before you sign it. You may want to review the agreement with another lawyer before you sign it.
Flat or fixed fees
Flat or fixed fee
Lawyers may charge a flat or 'fixed' fee for services like:
- a will, power of attorney, personal directive
- an uncontested divorce
- incorporation of a company
- real estate purchase and sale
- a first consultation.
The lawyer’s out-of-pocket expenses (disbursements), if any, will generally be extra though. Ask your lawyer for an estimate of those expenses.
Retainer fee: Full Scope or Limited Scope?
Retainer
Most lawyers will ask you to pay a retainer fee up front when you hire them, unless you have agreed on a flat fee, contingency fee, or other fee arrangement. A retainer is a lump sum of money provided to a lawyer when you hire them. The retainer is kept in the lawyer’s trust account, and covers legal fees and other expenses for the legal work. It is also sometimes referred to as a retainer fee. The amount of the retainer fee varies from lawyer to lawyer, and depends on the case. The lawyer will do work until the retainer runs out, and ask for a new retainer if more work needs to be done, or until the legal work is done. After the legal work is done, any balance left after the lawyer's bill is paid would be returned to you.
You may also be asked to sign a retainer agreement, sometimes also called an engagement letter. A retainer agreement is a contract with your lawyer.
A retainer agreement establishes the lawyer-client relationship, and may cover things like:
- how much you can expect to pay (ballpark estimate)
- fees, disbursements and other costs
- retainer amount (if applicable)
- billing format, when bills are due, and interest charged if you do not pay your bill on time
- scope of the retainer: what you have hired the lawyer to do, and what you have not
- whether work may be delegated (for example, to a paralegal, articled clerk, associate, administrative support staff)
- withdrawal, transfer or termination of services
- how communication will happen (for example, email, phone, letters, etc)
- confidentiality.
Full Scope Retainer or Limited Scope Retainer?
Full Service/Scope Retainer: The lawyer will provide full representation, dealing with all aspects of the matter from start to finish, to resolve the client's legal problem.
Limited Scope Retainer: The lawyer provides legal services for part, but not all, of a client’s legal problem, by agreement with the client. This is sometimes also called 'unbundled legal services'.
Examples of a Limited Scope Retainer are where a lawyer:
- drafts or reviews court documents, like pleadings or a brief, as a 'ghost-writer'
- only does part of a court process, like questioning a witness (direct or cross-examination), or doing a sentencing hearing
- advises about whether a client should accept a proposed settlement or transaction, like giving independent legal advice on a proposed separation agreement
- provides outside court logistical and strategic help to a self-represented litigant, sometimes called 'coaching'.
Representing Yourself? A Limited Scope Retainer or 'unbundled' legal services may be a good option.
Disputes about a lawyer's bill
The Nova Scotia Barristers’ Society does not deal with disputes about a lawyer’s bill. If you have a dispute with your lawyer about the lawyer’s bill:
1. Speak with or write to your lawyer. Ask for more detailed information about the bill. Ask the lawyer to explain any fees or disbursements (out-of-pocket expenses) you do not understand. If you cannot resolve the dispute directly with the lawyer, see if you can speak with the managing lawyer or executive director of the firm, assuming it is not your lawyer. If that does not work, you have the option of going to Small Claims Court to have the lawyer’s bill assessed. This assessment of a lawyer's bill is also called a "taxation" of a lawyer's bill.
2. Small Claims Court - Taxation. ‘Taxation’ means a Small Claims Court adjudicator can ‘tax’ or review your lawyer’s bill, including fees and disbursements, to decide whether the bill is reasonable. The taxation process includes looking at whether the percentage fee under a contingency fee agreement is reasonable.
Contact the Small Claims Court for more information. You will find court contact information at www.courts.ns.ca, or look under ‘Courts’ in the government pages of the telephone book.
Complaints about a lawyer
Making a complaint about a lawyer
The Nova Scotia Barristers’ Society regulates Nova Scotia lawyers, and handles complaints about lawyers relating to the rules of ethical and professional conduct (Code of Professional Conduct) lawyers must follow, and may discipline a lawyer if they have broken those rules. The Nova Scotia Barristers' Society does not deal with complaints about a lawyer's fees (see Disputes about a lawyer's bill), and does not generally investigate complaints alleging a lawyer was negligent (made a legal mistake). It is best to contact the Nova Scotia Barristers' Society if you have questions about whether they can help in your situation.
If you feel your lawyer was negligent you will likely need to speak with another lawyer to get a legal opinion about the situation. You can also contact the Lawyers' Insurance Association of Nova Scotia, a not-for-profit company that provides mandatory liability insurance and administers the insurance program for practising insured members of the Nova Scotia Barristers’ Society.
Go to the Nova Scotia Barristers’ Society website at nsbs.org/concerns-with-a-lawyer/ for details about the complaint process, or contact the Barristers’ Society at:
Telephone: (902) 422-1491
Address: Cogswell Tower, 800-2000 Barrington Street, Halifax NS B3J 3K1.
Disputes about a lawyer's bill
The Nova Scotia Barristers’ Society does not deal with disputes about a lawyer’s bill. If you have a dispute with your lawyer about the lawyer’s bill:
1. Speak with or write to your lawyer. Ask for more detailed information about the bill. Ask the lawyer to explain any fees or disbursements (out-of-pocket expenses) you do not understand. If you cannot resolve the dispute directly with the lawyer, see if you can speak with the managing lawyer or executive director of the firm, assuming it is not your lawyer. If that does not work, you have the option of going to Small Claims Court to have the lawyer’s bill assessed. This assessment of a lawyer's bill is also called a "taxation" of a lawyer's bill.
2. Small Claims Court - Taxation. ‘Taxation’ means a Small Claims Court adjudicator can ‘tax’ or review your lawyer’s bill, including fees and disbursements, to decide whether the bill is reasonable. The taxation process includes looking at whether the percentage fee under a contingency fee agreement is reasonable.
Contact the Small Claims Court for more information. You will find court contact information at www.courts.ns.ca, or look under ‘Courts’ in the government pages of the telephone book.
Last reviewed: January 2023
Lawyer Referral Service
(Legal Info Nova Scotia's Lawyer Referral Service)
The Lawyer Referral Service is just one way to get started with finding a lawyer. Here are some other ways to find a lawyer in Nova Scotia.
Do you need to hire a lawyer in private practice? Don't know which lawyer to choose?
We may be able to help. Contact the Legal Information Society of Nova Scotia for legal information, and to see if we may be able to refer you to a lawyer in private practice who is a member of the Legal Information Society's Lawyer Referral Service.
Lawyers who are part of the Legal Information Society of Nova Scotia's Lawyer Referral Service are not free (pro bono) lawyers. Lawyer Referral Service members offer an initial consultation of up to 30 minutes for a fee of no more than $20 plus tax. Regular fees, or fees worked out directly with the lawyer, will be charged after the initial consultation.
Please note that the lawyer is not expected to do legal work for you during the initial 30 minute consultation, just review your legal problem and talk about options you may have to solve your legal problem, and how much it may cost to have the legal work done.
How does the Lawyer Referral Service work?
- Contact the Legal Information Society of Nova Scotia
- We will ask you some questions to:
- find out whether you have a legal problem and whether a lawyer in private practice can help you
- help determine what type of legal problem you may have
- help determine whether there are other resources that might help you (for example, Nova Scotia Legal Aid or a community agency), and
- give you legal information.
- Some of the questions may be personal, but we are asking to try to make sure we are making an appropriate referral, and to give you helpful legal information. Our legal information counsellors are trained professionals who have diverse skills and knowledge in many areas of law. All of our legal information counsellors have law degrees. Their main job is public legal education and legal information. They may be able to give you legal information to help you take the next steps towards solving your legal problem
- The service is anonymous, and confidential
- If it is appropriate to provide a lawyer referral, we will do our best to refer you to a private lawyer who does the type of law you need, in your part of the province. Unfortunately we can't always help or refer you to a lawyer, but if not, we will try to refer you to other resources that might help
- Referrals are made on a rotation basis, taking area of law and geographic location into account
- A referral from the Legal Information Society is not a recommendation. We do not rate lawyers and are not in a position to give recommendations
- We only give one lawyer referral for the same legal issue, unless there is a conflict of interest. We do not give a list of lawyers
- When we provide a lawyer referral, we give you a lawyer's name and telephone number. It is up to you to contact the lawyer to set up an appointment
- The lawyer works in private practice. They do not work for the Legal Information Society of Nova Scotia. They are a lawyer in the community who has agreed to be part of the Lawyer Referral Service
- Make sure you tell the lawyer you were referred by the Legal Information Society's Lawyer Referral Service
- The law firm will need to do a conflict check to make sure they can offer a consultation
- You can connect with the lawyer for up to 30 minutes for a fee of $20 plus tax. Consultations are generally in the lawyer's office, although it is up to the lawyer - in some cases it may happen remotely (examples: telephone, virtual). During this initial consultation you will discuss your problem with the lawyer and get an idea of what your options are and costs involved. Do not expect the lawyer to do any legal work for you during the initial consultation. Legal work includes things like giving a legal opinion or advice, reviewing, interpreting, or drafting documents.
- Prepare for your meeting with the lawyer. Think about what you want to say - what are the most important points? Take important documents with you, including any court order(s), contracts, financial information (if relevant), etc., so that you can leave the documents (or copies) with the lawyer if you decide to hire them. Briefly summarize your legal problem. Keep in mind that 30 minutes goes by very quickly! See our Guide to a Successful Interview with a Lawyer.
- A referral from our service is just for a consultation. You do not have to hire the lawyer if you do not want to and the lawyer has no obligation to take your case.
- If you decide to hire the lawyer after the initial 30 minute consultation, and the lawyer agrees to represent you, you will need to work out a fee arrangement directly with the lawyer. This usually means you will be paying the lawyer's regular fees. Be certain you understand the fee arrangement. See How Lawyers Charge for their work for more information.
I contacted the lawyer you referred me to, but it didn't work out. Can I get another referral for the same legal issue?
No. We only give one lawyer referral for the same legal issue, unless there is a conflict of interest. If the referral we gave you did not work out, click here for information about other ways to find a lawyer and legal help.
Can I get a list of lawyers who are part of the Lawyer Referral Service?
No. We cannot provide a list of lawyers who are registered with the Lawyer Referral Service.
Are all Nova Scotia lawyers part of the Lawyer Referral Service?
No. It is voluntary for lawyers to join the Legal Information Society's Lawyer Referral Service.
What information do we have about the lawyers who are part of the Lawyer Referral Service?
We have the following information:
- areas of law the lawyer does
- where the lawyer is
- fee arrangements the lawyer may consider (eg. regular fees, contingency fee agreement, limited scope retainer, flat fees, fee for service)
- whether the lawyer may offer in-office, telephone, email, virtual consultations
- how long the lawyer has practised law
- whether the lawyer can meet the client where they are instead of at the lawyer's office
- whether notary public services are offered
- whether the lawyer is a member of the Bar anywhere other than Nova Scotia
- whether the lawyer offers service in languages other than English.
How do I use the Lawyer Referral Service?
Contact the Legal Information Society of Nova Scotia by telephone (Legal Information Line), email or live chat.
When is the Lawyer Referral Service open?
Monday to Friday 9:00 am to 4:00 pm
Closed weekends and holidays.
Please note that unfortunately we cannot accept messages for return phone calls.
I can't afford a lawyer. Where can I get free legal help?
Lawyers who are part of the Legal Information Society of Nova Scotia's Lawyer Referral Service are not free (pro bono) lawyers. Lawyer Referral Service members are lawyers in private practice who offer a reduced fee for an initial consultation. After that you will need to work out a fee arrangement directly with the lawyer. This usually means you will be paying the lawyer's regular fees. Be certain you understand the fee arrangement. See How Lawyers Charge for their work for more information.
Here is a list of free and low cost legal services in Nova Scotia, or you can contact us by phone, email or live chat for free legal information and we'll see if we can suggest other sources of help.
Guide to a successful interview with a lawyer
This page will help you prepare for a first interview with a lawyer.
Introduction
This guide describes 4 steps to take before you see a lawyer. Before you see your lawyer, try to organize all your important information or documents so you and your lawyer can make the best use of your time together, and focus on the legal parts of your problem. Click here to download the entire guide in pdf.
This guide provides general information on how to prepare for an appointment with a lawyer. It does not explain the law. Legal advice must come from a lawyer, who can tell you why you should do something in your case or whether you should take certain actions.
Step 1: Fill out the Information Sheet
Fill out the Information Sheet. Click here for an interactive pdf version that you can fill out online and print.
Take the Information Sheet with you to the interview.
If there are other important names and addresses that the lawyer should be aware of, put them in too. If your problem has a file or case number, include that as well.
If possible, print or type your Information Sheet.
Step 2: Prepare your Documents List
Take all letters and documents about your legal problem with you to the interview. If you are in doubt about an item, take it anyway. Next, put the documents in order according to their dates.
Click here for a Document List that you can use to list the documents, including letters you have. For example, include documents:
- you prepared
- you got from the court
- you have been served.
If you have little Post-It notes, put the number of the document on a Post-It note. Attach the Post-It note to each document so that it corresponds to the Document List.
Step 3: Prepare your written statement
Write out your story in point form and in the order of dates and times they happened. This is your written statement. Put in all the facts that you consider important. Be specific about dates and who said what. When you write out your story, it should not be more than two pages. This will force you to focus on the important points.
Take the written statement with you to the interview. It will help refresh your memory when you are talking to the lawyer.
Tell the lawyer if you have difficulty reading or writing.
If you have questions you want to ask the lawyer, write them out and take them with you. Put them in order of importance to you. It’s easy to forget the questions if you don’t write them down. The lawyer will want to know all the details.
The lawyer will want to know:
- Exact dates, if possible.
- Who said what to whom – the exact words, not a summary.
- Who was there during conversations and how long the conversations lasted.
Important: The lawyer needs to know all the details, good and bad, about your case. If you are completely frank, the lawyer will be in the best position to handle your problem and advise you on it. Your lawyer is not there to judge you, and can't give you good advice without knowing all the facts.
Step 4: Going to the interview
There are four “S’s” to a successful interview with a lawyer:
- slow,
- straightforward,
- specific, and
- systematic.
1. Slow
People tend to talk too fast in a lawyer interview. This is natural. Many of us are nervous when we have to see a lawyer. We want to tell all.
Think about it this way: hearing your story is like eating dinner.
If the lawyer is eating too fast, he or she won’t be able to digest it properly.
If you tell your story slowly, this gives the lawyer time to digest and understand your story. If you talk slowly, you give the lawyer time to ask questions.
You will avoid missing important facts.
The better prepared you are for the interview, the better advice the lawyer can give you.
2. Straightforward
All of us want to be seen in a good light. When we talk to other people, we usually try to emphasize the favourable things about ourselves. There is nothing wrong with this. It helps us all get along. However, when you’re talking to a lawyer, things are different.
You need to give the lawyer both the good information and the bad information. If you did something wrong, admit it to the lawyer. It will most likely be brought to his/her attention later anyway, by the opposing party.
The lawyer needs to know the good and the bad information at the beginning. That will help the lawyer to give you good advice and save time and possibly money in the long run. Unless the lawyer knows everything, he or she cannot give you good advice.
Here’s a situation that illustrates the point. It’s about a man who was fired for being late for work. He does not want to answer the lawyer’s question.
Q. Were you late for work on March 13, 2015?
A. Late! You should talk to Margo Smith. She is never on time. She gets away with murder.
Q. But on March 13, 2015, were you late?
A. Is it my fault there was a car accident on the Port Mann Bridge? These things happen!
Q. On Mar 13, 2015, were you on time for work? (FIRM VOICE)
A. Don’t you listen? I’ve explained that! (LOUD VOICE)
The lawyer asked the man, “Were you late for work?” But the man did not answer the question. Instead, he gave his excuses for being late. This uses up time at the interview.
A good exchange goes like this:
Q. Were you late for work on March 13, 2015?
A. Yes!
Q. What was the reason?
A. There was a car accident on the Port Mann Bridge. I was stuck in traffic for thirty minutes.
Q. Were you ever late before?
A. No.
Q. Were other people ever fired for lateness?
A. No. Marge Smith was late all the time and she wasn’t fired!
This exchange goes to the heart of the problem.
Always be straightforward. Answer the questions directly. Many of the questions the lawyer will ask require simple answers.
The simple, straightforward answer is best.
3. Specific
We all tend to talk in generalities. For example:
- This person is good.
- That movie is terrific!
Generalities are not useful when you are dealing with the law.
Law requires specific information. If you are asked a question such as: “On what date did this happen?” it is best to give the exact date, e.g., March 15, 2015.
If you can’t be specific, be as specific as possible. “It happened the week of March 12, 2015.” Do not summarize conversations. Instead, tell the lawyer, “Mr. Jones said…and then I said…” Repeat the exact words that were said. The more straightforward you are in the interview, the better advice the lawyer can give you.
4. Systematic
When you are telling your story to the lawyer, tell it in chronological order. You cannot tell everything at once. Here is an example of what can go wrong.
A woman is describing to her lawyer how she got fired from her job.
Q. Did Mr. Jones, your boss, call you in his office?
A. Yes.
Q. What did he say?
A. He said Mrs. Smith, please sit down. I sat down. Then he said, “This is difficult, but I’m going to let you go, because of the Atlantic mix-up. Well, I can tell you, I can swear on my mother’s grave, I had nothing to do with the Atlantic mix-up.”
The information in bold type breaks the flow of the story because Mrs. Smith has begun to talk about something new, “the Atlantic mix-up.”
The flow of the story is important. The explanation of “the Atlantic mix-up” can wait until later in the interview. It may also be important, but if the woman gives it here, it is confusing.
- Keep your story in chronological order. Do not skip about from one time period to another.
- If you have papers and documents, get them in order before you go to see the lawyer. It is a waste of your time to spend several minutes looking for one letter in a pile of letters.
Quick Summary
Remember
Fill out the Information Sheet and take it with you.
Fill out the Document List and take it with you.
- Write out your story before you go to the lawyer.
- If you have questions to ask the lawyer, write them down before you go. That way, you won’t forget them.
- When you meet with the lawyer, remember to be slow, straightforward, specific and systematic.
This page is adapted, with permission, from Access Pro Bono BC.
Finding a Commissioner of Oaths or a Notary Public
Commissioner of Oaths
Commissioners are authorized to take your oath or solemn affirmation when you sign an affidavit (sworn or affirmed document) or statutory declaration. When you sign an affidavit in front of a Commissioner of Oaths you are swearing or affirming that the contents of the document are true. The Commissioner will sign the document as well, and type, print or stamp their name and the words “A Commissioner of the Supreme Court of Nova Scotia”
For information about becoming a Commissioner of Oaths visit the Nova Scotia Department of Justice website at novascotia.ca/just/legal_services/commissioner_oaths.asp, or call 902-424-4030.
Finding a Commissioner of Oaths
- All practising lawyers are Commissioners of Oaths. The Nova Scotia Barristers' Society has an online lawyer directory at: https://members.nsbs.org/LawyerSearch
- You can also call the Nova Scotia Department of Justice at 902-424-4030 for the name of a Commissioner of Oaths in your community.
- You can have some types of documents commissioned at any ACCESS Nova Scotia location in the province, at no cost - generally documents you need to file with ACCESS Nova Scotia. Contact Access Nova Scotia for details
- If you are filing documents with the court that need to be commissioned you can have that done at the court. Depending on the court there may be no fee to have court staff commission documents, or there may be a fee. Contact the court for more information.
- Other people in your community may also be Commissioners, such as:
- some provincial or municipal government employees, including court staff
- some police officers (officers, municipal chiefs of police)
- funeral directors
- Commissionaires Nova Scotia
- officers in the Canadian Armed Forces
- Band Council member
- Members of the Nova Scotia legislature (MLAs)
Finding a Notary
A Notary can "Notarize" copies of documents. This means verifying that a copy of a document is a true copy of the original. Contact a lawyer if you need the services of a notary. Law offices that provide notary services advertise online and in the yellow pages. There is a fee to have a document notarized, usually in the range of $40 to $75 for a single document with a discount for any additional documents.
Authentication of Canadian documents for use outside Canada
Global Affairs Canada, Authentication Services Section, authenticates Canadian documents for use abroad, including:
- official Canadian documents, such as birth, marriage or death certificates, educational documents (transcripts, degrees, diplomas), criminal clearance certificates; and
- documents signed by a Canadian notary public or Commissioner of Oaths.
Global Affairs also issues Statements in lieu of Certificates of Non-Impediment to Marriage Abroad for persons who want to get married outside Canada in a country where such a document is needed. For more information visit international.gc.ca or call 1 800 267-8376.
Nova Scotia's Department of Justice, Legal Services Division, Authentication Services also authenticates documents for use abroad. For information contact the Nova Scotia Department of Justice at [email protected] or 902-424-4390.
Last reviewed: January 2023
Laws in Canada and Nova Scotia
Nova Scotians are subject to laws set out in legislation and case law. Legislation is made by legislatures (elected legislative bodies). When a case comes to court, a judge interprets what the law means and how it applies, and these court decisions are called "case law".
Indigenous Laws and Traditions
Colonialism disrupted the transmission of Indigenous laws and traditions in Canada. It is the goal of Indigenous Nations, such as the Mi’kmaq Nation in Nova Scotia, to rejuvenate these legal principles and values once again through sharing and the passing along of the language and traditional knowledge, such as decision-making processes and teachings, held by the Matriarchs and Elders of the Nations. The resurgence of Indigenous laws has already begun in Canada and will continue to flourish as Indigenous persons and Nations begin to heal and thrive by focusing on self-empowerment and rejuvenation of their language, culture and traditional teachings, values and laws. Twelve of the thirteen Mi’kmaq Bands in Nova Scotia are self-governing in the area of education, which means they can pass their own education laws (and policies), without approval from the Federal or Provincial Governments. They have created a self-governing authority and hired staff to work collectively on their collective education governance matters: https://www.kinu.ca
On October 1, 2008, the thirteen First Nation Chiefs signed a Mi’kmaq Nationhood Proclamation representing a commitment from the Mi’kmaq of Nova Scotia to develop a system of governance to enhance the quality of life for the Mi’kmaq.
Legislation
There are several types of legislation in Nova Scotia:
- First Nation legislation: Laws passed by First Nation Governments/Bands located on federal Indian reserves in Nova Scotia, about matters relating to "Indians", "Indian" Bands and "Indian" reserve lands in Canada. Examples include:
- local governance laws,
- matrimonial real property laws. The Confederacy of Mainland Mi'kmaq has information about matrimonial real property laws for the following communities: Bear River First Nation, Millbrook First Nation, Paqtnkek Mi’kmaw Nation, Pictou Landing First Nation and Sipekne’katik,
- Indian Act Band by-laws (must be approved by Indigenous Services Canada before they can be enforced). A First Nation or band by-law is a local law that is passed by a First Nation Government/Band to regulate affairs within its community. These by-laws apply to everyone on the reserve, regardless of whether they are a band member or whether they actually live on the reserve.
- Statutes of Canada, which are laws passed by the Canadian Parliament;
- Statutes of Nova Scotia, which are laws passed by the Nova Scotia Legislature;
- By-laws, which are laws passed by municipalities that have law-making powers given to them by the provincial law. By-laws deal with local issues such a parking and zoning.
Acts or Statutes usually include a section appointing a person or body to make regulations in relation to that law. Regulations provide details about how the Act is applied. They are part of the law and have as much force as the Act itself. For example, Nova Scotia’s Consumer Protection Act has regulations outlining specific rules about gift cards, payday lenders and online shopping contracts.
When a regulation is passed, it must be filed and published. At the federal level, the regulation is filed with the Clerk of the Privy Council and is published in the Canada Gazette. Exceptions to this rule are listed in Part II – Consolidated Index of the Canada Gazette. At the provincial level, regulations must be filed with the Registrar of Regulations. In Nova Scotia, regulations are published in the Royal Gazette, Part II.
Case law
Case law is also known as common law, judge-made law or case reporting. It mainly comprises all previous decisions and judgments made by all levels of court across Canada. For example, the Canadian Charter of Rights and Freedoms says that an accused is entitled to a trial within a reasonable time. Judges have interpreted what a “reasonable time” means - the Supreme Court of Canada did so in a 2016 case called R v. Jordan. As the Supreme Court of Canada is the highest court in Canada, the legal principles set out in the Jordan decision are law and now govern how that Charter right is to be interpreted and applied.
The development of case law is an ongoing process.
In Canada, with the exception of Quebec and Indigenous laws and traditions, many laws have their origin in English common law. William the Conqueror developed common law in England after the Norman conquest in 1066. At the time, there were few written laws in England, and William sought to establish a uniform system of law. The King’s court travelled around England and selected the best local customs, common traditions accepted as binding on all members of the community. These customs were made law, and this new legal system became known as the common law.
Eventually the common law evolved into a formal system based on the rule of precedent. The rule of precedent is the custom of judges standing by previous judges’ decisions. It is also known as stare decisis (which means to stand by things decided). When making a decision, judges refer to the principles and decisions made by judges in previous cases. These are called “precedents”. Precedents are examples of how laws or by-laws have been interpreted and applied.
The authority or importance of a particular precedent depends on the level of court and the jurisdiction in which the original decision was made. A precedent-making decision can only be changed by a court higher than the court which made the original decision. The higher the court, the more weight will be given to its decisions. However, courts are not bound by the decision of the following courts:
- Other courts lower than the supreme court of a province;
- Courts outside the jurisdiction or province (the exception is Supreme Court of Canada decisions);
- Courts of equal jurisdiction (for example, a judge of the Nova Scotia Court of Appeal will not be bound by a previous decision of a judge sitting on the same court - but may be persuaded by it).
In all cases, the court’s decision can still be persuasive, even if it does not follow the precedent.
A judge may also consider decisions from other countries, in particular, other common law jurisdictions such as Britain and the United States. Different decisions on the same subject matter may conflict. In reaching a decision, a judge may have to choose which previous decision or principle to follow. In doing so, the judge may either overrule one of the decisions as being bad law or may distinguish one of the cases based on the case facts.
Case law is contained in law reports, in print or electronic format.
The Constitution and Charter of Rights
A constitution is a document that sets out a country's system of government and the civil rights of its residents and citizens. In Canada, the Constitution Act was proclaimed on April 17, 1982. This Act consolidated the British North America Act of 1867 and 30 other constitutional Acts, and forms the core of the Canadian Constitution. The Constitution can be altered, but it is a long and complicated procedure.
The Constitution Act contains the Charter of Rights and Freedoms, which sets out the rights and freedoms to be enjoyed by all Canadian citizens, and extends some of these rights and freedoms to all Canadian residents. These rights and freedoms are not absolute or limitless. As indicated in Section 1 of the Charter, they are subject to reasonable limits laid down by law which can be shown to be justified in a free and democratic society. The courts must decide what amounts to “reasonable limits”. They must strike a balance between individual rights and the needs of society.
Charter rights only apply to federal, provincial and municipal government actions; they do not apply to the actions of private individuals, such as a dispute between neighbours, or between a homeowner and a contractor. The Charter also protects Canadians from the actions of agencies regulated and/or funded by government, such as the Royal Canadian Mounted Police (RCMP).
The federal Parliament, provincial legislatures and municipal governments have the power to declare, within clearly defined limits, that a piece of legislation is not subject to some provisions of the Charter. This power is rarely used.
The Charter is a reminder to all governments and legislators that their powers are limited and must be exercised with respect for the rights of individual citizens. The courts must see that legislation or government actions do not violate the rights and freedoms set out in the Charter. The courts also play an important role in deciding the provisions of the Charter, for example by interpreting what the rights and freedoms in the Charter mean, what they cover, and how far they extend.
Legal authority, or Jurisdiction, is set out in Sections 91 and 92 of the Constitution Act, and list areas in which only the federal or the provincial government may make laws. For example, under section 91 (27), only the federal Parliament may make criminal laws and set the criminal procedure for the courts. Or, section 92 (14) says that only a province may make laws for the purpose of administering courts in that province.
In general, the federal government has the power to make laws for the peace, order and good government of Canada, and laws regulating trade and commerce. Provinces have the authority to make law with respect to property and civil rights within their province, in matters of a local or private nature.
Some of the powers set out in sections 91 and 92 are narrowly defined. For example, section 91 (9) makes it clear that the federal Parliament may make legislation about Sable Island off the east coast of Nova Scotia. However, most of the powers referred to in sections 91 and 92 are so broad that courts have been asked many times to decide whether the federal or provincial government has jurisdiction over a particular area.
The publication How Canadians govern themselves, written by former Senator Eugene Forsey, provides more information on the Constitution and our system of government.
Policy
Policy is a set of rules or procedures that guide how decisions should be made with regards to public affairs. Policy is not law. If a policy is contrary to the statute or regulations, it can be challenged.
For example, the work of income assistant caseworkers is governed by Nova Scotia’s Employment Support and Income Assistance Act. The Employment Support and Income Assistance Policy Manual details practical procedures caseworkers use in carrying out their work.
Government policies are often available to the public, either online or in paper format at government offices. If a policy is not already available, you can make an access to information request, at the federal or provincial level, depending on the policy. Requests to federal departments are made under the Access to Information Act. Requests to Nova Scotia’s provincial departments are made under the Freedom of Information and Protection of Privacy (FOIPOP) Act.
Representing Yourself in Court
For information about the Courts of Nova Scotia, including guides, forms, procedures and court contact information, go to courts.ns.ca.
Court system basics - which court does what
Nova Scotia has different levels of court that deal with different legal issues.
- Small Claim Court deals with many civil matters where a person is suing, or being sued, for $25,000 or less.
- The Provincial Court hears most criminal cases in Nova Scotia but it cannot deal with very serious criminal charges, like murder trials.
- The Probate Court deals with wills and estate issues.
- Nova Scotia Supreme Court hears serious criminal cases including jury trials and most civil law suits that involve sums of more than $25,000.
- The Supreme Court (Family Division) deals with all family law matters in Nova Scotia.
- The Nova Scotia Court of Appeal is the highest court in Nova Scotia, and plays a significant role in interpreting Nova Scotia law. Appeals of decisions of lower courts in the province are heard by the Court of Appeal. A decision of this court can, with permission ('leave' of the court), be appealed to the Supreme Court of Canada, the highest court in Canada.
Once the Supreme Court of Canada has said what the law is, only the federal Parliament (if the law in question is federal) or the provincial legislature (if it is a provincial law), can change it by passing new legislation, or by changing existing legislation. However, if the law is part of the Constitution, then the ruling of the courts is final and cannot be changed by the federal parliament or the provincial legislature.
There are special federal courts that deal with specific matters such as tax and immigration.
For more information on courts, visit:
Before You Go To Court
Some things to think about:
- Can you get legal help? Have you explored all options for getting legal advice? Even a single meeting with a lawyer may help. A lawyer can talk with you about your likelihood of success and can help clarify your questions about the law or the process. Check this list of free and low-cost ways to get legal help in Nova Scotia. Also, some lawyers in private practice offer help with just part of a case or there may be some wiggle room in terms of fees. Here is general information about how lawyers may charge for their work.
- Is there another way to solve the dispute? Have you looked at other possible ways to resolve the issue - click here for information about working things out without court?
- Are there time limits for starting a civil lawsuit for this particular issue? Have you missed them? Click here for more information about time limits. It is a good idea to speak with a lawyer if you aren't sure.
- Do you understand the risks of going to court? Going to court is the hardest way to solve disputes. Some things to think about:
- Court $$ costs money. For example, it costs $218.05 (plus law stamp $25+HST) to start a claim in the Nova Scotia Supreme Court, or $99.70 to claim less then $5000 in Small Claims Court. In some cases and if you have a low income you may be able to get the court fees waived. Find other court fee information, including information about fees that may be waived, here. Other expenses may include the cost of witnesses, experts, discoveries, photocopying, your time, etc.
- Costs if you lose. Could you be on the hook for some of the other side's costs if you lose (for example: some of their legal fees and out-of-pocket expenses)?
- Your health and wellbeing. Your credibility may be challenged. Court is like a battle. If you are starting a lawsuit you must prove your version of the facts. There will be an emotional toll on you, your family, and friends. Going through a court process is stressful and may negatively affect both your mental and physical health
- Court can take a long time. Are you prepared to spend evenings and weekends working on the case? Can you take time off work to go to court? The court process may take months to years.
- Is there a legal basis (merit) for your claim and can you get legal help to figure that out?
- At Court - the hearing or trial. There are many steps along the way. Doing a trial on your own is challenging, and people going to court without a lawyer do not succeed as often as people who go to court with a lawyer representing them.
Court Forms: Quick Links
Each court has its own set of rules and forms that are used in that court. Go to courts.ns.ca or contact the court you are dealing with for current information about court rules and forms.
The Nova Scotia Civil Procedure Rules are procedural rules and forms made by judges, outlining the practical processes and paperwork for going to the Supreme Court of Nova Scotia, including the Supreme Court-Family Division, and the Nova Scotia Court of Appeal. The Civil Procedure Rules on the Courts of Nova Scotia website are searchable, and in some cases include online interactive versions of court forms, so they can be filled out on a computer.
| Supreme Court Family Division (family law) | www.nsfamilylaw.ca/court-forms |
| Provincial Court (criminal law) | courts.ns.ca/Provincial_Court/NSPC_criminal_rules_forms.htm |
| Supreme Court General Division (civil) | courts.ns.ca/Supreme_Court/NSSC_forms.htm |
| Small Claims Court (civil) |
|
| Probate Court (wills & estates) | courts.ns.ca/probate_court/NSPBC_forms.htm |
| Court of Appeal NS | courts.ns.ca/Appeal_Court/NSCA_forms.htm |
Criminal Appeal of a conviction or sentence
Go to courts.ns.ca to read or download The Criminal Appeal: A How-to Manual (pdf) for those interested in appealing a conviction or a sentence. The manual aims to help you make an informed decision about appealing a criminal conviction or sentence. Starting an appeal means you are prepared to dedicate the time, energy, focus and possibly the money to see the appeal through to its conclusion. You should not start an appeal unless you are committed to this process.
Applying for a Peace Bond
Applying for a Peace Bond: To start the process you or your lawyer file a paper called an "Information" with the Provincial Court. Go to courts.ns.ca and click on HOW TO APPLY FOR A PEACE BOND at the bottom of the the Provincial Court page for details on how to apply.
- You may be able to get help from Nova Scotia Legal Aid to apply for a peace bond
- The Provincial Court adopted a virtual peace bond process during the pandemic. Go here to learn about how the virtual peace bond process works.
This page gives general legal information about Peace Bonds. It does not give legal advice.
What is a peace bond?
A peace bond is a court order in which a person who has threatened or harmed you or your property, or who has attempted to threaten or harm you, agrees to stop the threatening or harmful behaviour and to stay away from you. This person is called the defendant. By signing the peace bond the defendant agrees to keep the peace and be of good behaviour. The peace bond may include other conditions such as the defendant agreeing to have no direct or indirect contact with you.
Does a peace bond stop a person from contacting me?
A peace bond may contain a condition that the defendant have no direct or indirect contact with you. It is the defendant's responsibility not to contact you directly or indirectly.
Direct contact occurs if the defendant speaks to you in person or on the phone, writes to you, leaves a telephone, voice mail or email message, or comes into your presence.
Indirect contact occurs when the defendant communicates, or tries to communicate, a message to you through another person or by leaving something for you where the defendant knows you will find it.
A peace bond does not prevent you from voluntarily contacting the defendant, but if you do, you may find it more difficult to enforce the peace bond later.
What does a peace bond do?
A peace bond attempts to protect you by directing the defendant not to make further threats or cause further harm to you. It warns the defendant that, if the threatening behaviour continues, they risk getting a fine, a jail term or other sentence and a criminal record.
What can I do in an emergency?
You can call 911. In some cases you can apply for an emergency protection order over the phone. For more information go the page on Emergency Protection Orders.
Does a peace bond give the defendant a criminal record?
No. A peace bond is not a criminal conviction. The defendant will not get a criminal record by signing the peace bond. However, if the defendant breaks any of the conditions on the bond, they may be charged with a criminal offence. If convicted of the offence, the defendant may get a criminal record.
Do I have to lay criminal charges before I can get a peace bond?
No. You are not charging the defendant with an offence when you ask the court for a peace bond. You are asking the court to set out conditions intended to protect you from the defendant.
You have to show the judge that you have a reasonable fear because the defendant:
- threatened or assaulted you or your family, or
- threatened or damaged your property, and
- you continue to fear for your safety. If you have no continuing fear of the defendant, it is unlikely that a court will give you a peace bond.
The Criminal Code allows you, or someone on your behalf, to apply for a peace bond or 'lay an Information'. However, the police will not apply for a peace bond for you. The police can investigate criminal charges and may lay charges if you have been physically assaulted or threatened or had your property damaged.
If criminal charges are laid do I still need a peace bond?
Probably not. In most cases, the defendant is released until trial only if they promise to have no contact with you directly or indirectly. You should contact the Crown Attorney's office that is dealing with the charge or the Victims' Services Office as soon as possible, to ensure that the defendant is ordered to have no contact with you.
If the defendant pleads guilty or is convicted of the charge, they may be placed on probation and ordered to have no contact with you as part of the probation order. This would have the same effect as a peace bond. If you want other conditions to apply, you can ask the Crown Attorney to ask for them to be included in the probation order.
If the defendant has been charged with assault and acquitted, can I still get a peace bond?
Yes. If the defendant has been acquitted or had the charges dismissed, you can still apply for a peace bond. You will have to show the judge that you have a reasonable fear of the defendant.
Do I need a lawyer to get a peace bond?
You are not required by law to have a lawyer represent you at a peace bond hearing. However, it is a good idea to talk over the situation with a lawyer before you decide what to do. The lawyer can advise you of your rights and explain the court process. Together you can decide if you should hire the lawyer to go to court with you.
Also, you may not feel comfortable speaking in court and questioning witnesses. A lawyer is trained to do this.
Usually Legal Aid will not provide lawyers for peace bond applications. However, if you qualify for Legal Aid and have other issues they are dealing with, you may be able to get some advice from them. In some areas, there are programs that may help you apply for a peace bond. Court staff will usually know if these exist in your community.
Where do I get a peace bond?
Only a judge can give you a peace bond. You must go to the Provincial Court or Summary Offence Court. If you have an existing legal proceeding in Family Court or the Supreme Court (Family Division), you may apply for a peace bond in that court.
Before you can get a peace bond, there is a court hearing. You must be prepared to face the defendant in court and say why you are afraid of the defendant. If you are concerned about your safety in court or while waiting for court, contact the court administration office.
How do I apply for a peace bond?
To start the process you or your lawyer file an paper called an "Information" with the Provincial Court. This will start the process. The Nova Scotia Department of Justice has online information on how to apply for a peace bond - go to www.courts.ns.ca, and click on 'HOW TO APPLY FOR A PEACE BOND" at the bottom of the Provincial Court page.
What conditions go into a peace bond?
By signing a peace bond, the defendant promises to leave you alone, keep the peace and be of good behaviour for the time set out in the peace bond. A peace bond may last up to one year. The judge decides how long it will last.
Before issuing the peace bond, the judge must decide whether to include conditions that will offer you further protection. These could include ordering the defendant:
- to stay away from specific places where you, your spouse or your child regularly go, such as your work, home or school;
- not to communicate with you, your spouse or your child. This includes by phone, by mail, in person, or through another person;
- to post an amount of money and obtain a surety. A surety is a person who vouches for the defendant and agrees to supervise them to make sure the conditions are obeyed; and
Other conditions you think are required to ensure your safety. For example, the judge may order that the defendant have no contact with you other than to arrange access to, or exercise access to, the children, or that the defendant not possess firearms, ammunition or explosives, or other weapons.
You or your lawyer may ask for additional conditions to the peace bond. If you do not have a lawyer, do not be afraid to ask the judge for additional conditions.
Will I get a copy of the peace bond?
Yes. You should get a certified copy of the bond from the court staff. A certified copy says that it is a true copy of the original peace bond. You can get a copy from the court office as soon as the defendant signs the bond. If you do not feel safe waiting after court, you can pick up a copy at another time.
You should keep the peace bond in a safe place. It gives the police the proof they need to lay charges if the conditions are broken. You should show the police your copy if the defendant breaks the conditions of the peace bond. You may want to carry a copy of the peace bond with you. If you lose your copy, you can get another one at the court where it was issued.
What happens if the defendant breaks the peace bond
If the defendant breaks any of the conditions of the peace bond, you can call the police and report it. The police can charge the defendant with a criminal offence for violating the conditions of the peace bond. If the defendant is found guilty, they may be fined or given a jail term or both. The defendant may also be charged with any other offence (for example, assault) they committed when the peace bond was broken. The defendant can be charged with breaking the conditions of the peace bond even if they were not violent or threatening on that occasion.
It is up to you to report to the police if the peace bond is broken. Even if you decide not to call the police, you should record the day and time that the defendant broke the peace bond and what the defendant did because if you later decide to call the police or have to go to court you will need this information.
The peace bond is for your protection. If you ask for a 'no contact' provision in the peace bond and you later willingly contact the defendant, you may have difficulty getting the police to charge the defendant if the defendant later breaks the peace bond by contacting you.
Will the police always lay charges if a peace bond is broken?
The police can lay charges if there is evidence of a breach of the conditions of the bond. In family violence cases, the Nova Scotia Department of Justice has guidelines that encourage police, Crown Attorneys working within the justice system to arrest, charge and prosecute the defendant when there is evidence to do so. This includes directions to the police to:
- arrest defendants where there is evidence that they have broken a peace bond;
- lay a charge when there are reasonable grounds or arrest someone for breaking a peace bond;
- take into consideration the importance of the victim's safety and that of the children and provide transport to a safe place if necessary; and
- keep the victim informed of the progress of the case.
Charges laid by the police will usually be heard in Provincial Court. If the police do lay a charge, you will be asked to give information on the details of the breach. It is then up to the Crown Attorney to deal with the case against the defendant in court
If the police do not lay charges and you think they should, you should contact police officials in your area to discuss why they are not taking action, or you can take the matter to court yourself.
What happens at a hearing for breaking a peace bond
It may take two to three weeks from the time you report a breach of a bond until the police serve a summons on the defendant. The summons tells the defendant what the charges are and the court date for the hearing.
Court staff are required to give priority to spousal/partner violence matters.
If the police do not lay charges, you may lay private charges. If you do, you or your lawyer will have to present the evidence of the breach of the peace bond in court. You will have to give evidence. If possible, have witnesses come to court to back up your evidence. The defendant can also have witnesses come to court.
If the defendant has witnesses, you or your lawyer may ask them questions.
What happens if the defendant is found guilty of breaking the peace bond?
Being found guilty of breaking a peace bond is a serious matter. The defendant may get a criminal record and, depending on the seriousness of the breach, could get up to four years in jail. It is rare for a defendant to get the maximum sentence. A common sentence for a first offence is release on probation with conditions such as staying away from you and your family.
If the defendant breaks the peace bond by following you around (called stalking) so that you fear for your safety or that of your family, the judge will consider the stalking as an aggravating factor (a factor that makes things worse) when sentencing the defendant.
What if I have a peace bond against my spouse and we get back together?
If you have a peace bond against your spouse and you decide to try living together again, it is a breach of the 'no contact' condition in the peace bond.
You or the defendant may go back to the court that issued the peace bond and ask to have the 'no contact' condition amended or deleted. The other conditions of the peace bond, such as the requirement that the defendant keep the peace and be of good behaviour, may remain in place. However, you should be aware that, depending on the circumstances, a judge may be reluctant to enforce the terms of the peace bond if you get back together with your partner.
If the defendant becomes violent and the peace bond is still in effect, you can go back to court and ask for the 'no contact' clause to be reinstated.
Can my spouse still see the children if I have a peace bond against my spouse
If you have a peace bond against your spouse, it should not affect their parenting time with the children, unless the peace bond forbids contact with them. If you have legal custody of the children and the defendant has legal parenting time to them (such as in a court order or written separation agreement), you should point this out to the judge at the peace bond hearing. The judge can take the parenting arrangements into account when setting the conditions for the bond.
The judge may still order the defendant to have no contact with you even if the defendant has a parenting arrangement in place to spend time with the children. The peace bond might provide that parenting arrangements be made through a third person, such as a neighbour, friend or family member you trust. You should ask this person's permission and be sure that they will agree to help you.) The judge could order that the defendant contact you only by phone or email and only to arrange time with the children. The judge could also order that the defendant remain in their car when picking up or dropping off the children and that you send them out to the car either on their own or with someone. The judge could also order that the children be picked up or dropped off only in a certain public place. If the defendant has parenting time with your children but you do not feel safe having any contact with the defendant, you should explain this to the judge and tell why you feel this way.
If you already have a peace bond and you and your spouse are going to family court to decide on decision-making responsibilities and parenting time, you should tell your lawyer (if you have one) and the court about the peace bond. Tell the family court about any no-contact orders or other court matters between you and your spouse that may affect your safety and the safety of your children.
Will a peace bond keep me safe?
A peace bond can be a good deterrent in many cases. It can help prevent threats and assaults. Going to court and signing the bond before a judge may be enough to persuade the defendant to keep away from you. However, not all defendants respect the terms of a peace bond and you still need to be careful for your safety.
A peace bond may not always be the best solution to your problem. For example:
1. The threat of getting a criminal record may not be enough to stop the defendant from assaulting you. The bond is most effective against a person who has a basic respect for the law.
2. It can take weeks or even months to get a peace bond and even longer to get the defendant convicted if the defendant breaks the bond. This is not much help if you are threatened with immediate physical violence. Then it may be best to contact the police to lay an assault charge against the defendant.
3. A defendant will not be charged for breach of a peace bond unless the police feel that there are reasonable grounds to believe the bond was broken. You can take the matter to court yourself if the police do not lay charges, but you would have to present the case yourself or hire a lawyer to do it for you.
4. Even if the defendant serves a sentence for a breach of the peace bond, the defendant might continue the threatening or violent behaviour until you are forced to go through the whole process again.
5. Peace bonds are not permanent. They last for a maximum period of one year. If you want to get another peace bond after the first one ends, you must make a new application.
6. If you have been assaulted, a peace bond is not always the best way to deal with the situation. You can instead contact the police to lay an assault charge against the person who hurt you, your child or property.
7. There are 'anti-stalking' laws that may help protect you if you fear for your safety because someone is repeatedly:
- following you around,
- calling you, your family, friends or workplace,
- watching your home or workplace, and
- doing anything which threatens you or your family.
If this is happening to you, you should talk with the police. Anti-stalking laws are also called 'criminal harassment' laws.
There may be services in your community to help you develop a safety plan if you are threatened. A safety plan helps you to consider ways to protect yourself and your children. The police or Victim Services Division of the provincial Department of Justice can advise if such services are available in your community.
For more information
If you are applying for a peace bond, or someone has applied to get a peace bond against you, you may want to hire a criminal defence lawyer to get legal advice and help with the process.
Victim Resources
Depending on your situation and on where you live in the province, there may be agencies that can help you such as:
- help lines - call 211 or go to ns.211.ca/
- nsdomesticviolence.ca - information, support, resources
- transition houses - go to thans.ns.ca for shelter contact information, and
- women's centres (go to womenconnect.ca for locations)
Victim Services Division
Nova Scotia Department of Justice
Halifax Region - 902-424.3307
Kentville 902-679.6201 or 1.800.565.1805 toll free
New Glasgow 902-755.7110 or 1.800.565.7912 toll free
Sydney 902-563.3655 or 1.800.565.0071 toll free
Go to novascotia.ca/just/victim_Services/ for more information about the Department of Justice Victim Services.
The Regional Victim Services Program provides information, support and advocacy for victims of crime within the criminal justice system. Services include the provision of information to victims on their particular case and on the criminal justice process; liaison with police, Crown Attorney, and other justice agencies as the case proceeds through the system; court preparation; and assistance with criminal injuries compensation and victim impact statements.
The program also provides a comprehensive service to address the special needs of child victims or witnesses as they prepare to testify in court.
If you wish to apply for a peace bond through the Provincial Court in Halifax and Dartmouth you can get support from Halifax Regional Police (HRP) Victim Services. Victim Services volunteers will provide potential and current applicants with information on the application process, assistance to complete the application forms and ongoing emotional support. Contact HRP Victim Services at 902-490-5300 for more information about their Peace Bond Navigator program.
Last reviewed: May 2021
Civil Action (lawsuits) in the Supreme Court of Nova Scotia
Go to courts.ns.ca to find court forms for dealing with a civil action in the Supreme Court of Nova Scotia, from the Civil Procedure Rules of Nova Scotia (court rules & forms) including:
- Starting a Civil Action (Notice of Action)
- Starting an Action for Debt
- How to Defend an Action
Note: The Nova Scotia Courts offer free weekly legal clinics for self-represented litigants with certain types of cases going to the Nova Scotia Supreme Court or the Court of Appeal. Private one-hour sessions with a volunteer practicing lawyer and a law student are available by appointment during the clinic's scheduled hours of operation. Here is information about the Free Legal Clinics.
Civil Appeals in the Nova Scotia Court of Appeal
Go to courts.ns.ca for information about representing yourself at the Nova Scotia Court of Appeal, including:
- A How-to Manual for Civil Appeals to help you make an informed decision about whether to appeal, and how to appeal a judgment in a civil law case
- NS Court of Appeal video tutorial: An introduction to the appeal process and a step-by-step guide for civil appeals.
- All about preparing your Appeal Book, including an Appeal Book Primer, Appeal Book checklist & practical tips, and a How-to Appeal Book video
Note: The Nova Scotia Courts offer free weekly legal clinics for self-represented litigants with certain types of cases going to the Nova Scotia Supreme Court or the Court of Appeal. Private one-hour sessions with a volunteer practicing lawyer and a law student are available by appointment during the clinic's scheduled hours of operation. Here is information about the Free Legal Clinics.
Going to Probate Court: Wills and estates
The Probate Court in each of Nova Scotia's probate districts has free legal information publications about going to Probate Court. You can get copies by visiting or by calling your local Probate Court office or by going to the Courts of Nova Scotia website, courts.ns.ca/Self_Reps/self-rep_home.htm#Probate.
Probate court contact information is available on the Courts of Nova Scotia website.
The information available from the Probate Court includes:
- The Probate Act - Questions and answers
- Dealing with an estate
- Grant of probate - checklist
- Grant of administration with will annexed - checklist
- Grant of administration - checklist
- Passing the accounts of an estate in Probate Court - checklist
- How to prepare the final account of the personal representative
Going to Provincial Court: criminal law and tickets
You have been charged with a criminal offence. You have never been to court before.
You will find information here about:
- when you have to be in court
- who will be in court
- how to prepare for trial; and
- what happens in court.
This page gives general information about going to Provincial Court. It does not give legal advice. If you are charged with a crime, you should speak with a lawyer to get legal advice. If you are charged with a very serious criminal offence, your trial may be in Supreme Court. If you have to go to Supreme Court, it is even more important that you have a lawyer.
Try to speak with a lawyer before you go to court. Go here for ways to find a lawyer.
Legal Advice
Being accused of a crime is a serious matter. It is wise to have a lawyer represent you. Lawyers know the law and legal procedures. They are used to presenting cases and speaking in court. They know what types of questions to ask and how to prepare evidence.
You should talk with a lawyer to get advice about your situation. There is no need to be embarrassed or nervous to talk to alawyer about what brings you to court. Anything you say to a lawyer is private and privileged and cannot be passed on to anyone else without your clear permission. Even if you cannot afford a lawyer to represent you in court, there are services and help available to you.
You may be able to get free legal help through Nova Scotia Legal Aid. Contact Nova Scotia Legal Aid to see if you qualify. Visit nslegalaid.ca for more information or to apply online, or look in the telephone book under ‘Legal Aid’ or ‘Nova Scotia Legal Aid’ for contact information. You can also get a Legal Aid Application Form from Legal Aid Duty Counsel or other Legal Aid staff at Court.
If you do not qualify for full representation from Nova Scotia Legal Aid you may still be able to get summary (brief) legal advice or Duty Counsel help from NS Legal Aid. You may also appeal a Denial of Legal Aid Services. You need to do that in writing, but it can just be a short letter. Here is more information about appealing a denial of Legal Aid.
You should also contact a private lawyer who does criminal law. If you have an Employee Assistance Program through your employer, you may be entitled to a free consultation with a lawyer, or legal representation at a discounted rate. Some private lawyers will offer either free initial 30 minute consultations, or quick consultations at reduced rates. Here are some more ways to find a lawyer. Make sure you understand how, and how much, the lawyer will charge for their work.
Nova Scotia Legal Aid offers Duty Counsel lawyers at the Provincial Courts. Duty Counsel provides free help with issues currently before the court, but they do not provide full, start-to-finish representation. Services are provided to adults and youth in custody, as well as to those not in custody. Duty Counsel is available to anyone who does not have a lawyer, regardless of income. Ask at the courthouse about Legal Aid Duty Counsel services.
Court-Appointed Counsel Applications ("Rowbotham Applications":
If you have been denied Legal Aid and cannot afford a private lawyer, there may be another option. You can apply to the Nova Scotia Provincial Court, or to the court that is to hear your case, to ask for a lawyer who will be funded for you. This is called a Rowbotham Application. Go to courts.ns.ca for more information about Rowbotham Applications.
If you are unable or do not wish to hire a lawyer, you can represent yourself in court. You should still get some legal advice on your situation before you go to court, even if you are going to represent yourself in court.
Legal Rights
The Canadian Charter of Rights and Freedoms protects the rights of Canadians, including those suspected or accused of a crime.
You have a right to have court hearings in English or French. Also, if you do not understand or speak the language in which hearings are conducted, or you are deaf, you have the right to the assistance of an interpreter.
You should tell the judge as soon as possible if you need the help of an interpreter or you want the hearings in French, or have a friend explain this to the judge.
If you are arrested you
- you have a right to know the reason for the arrest;
- you have a right to speak with a lawyer and the police must tell you of this right. If you cannot reach the lawyer of your choice, you have the right to contact Duty Counsel and police must hold off on questioning you until you've had a reasonable opportunity to speak to a lawyer; and
- you have a right to be brought before a judge within 24 hours of your arrest.
Other rights include
- the right to remain silent;
- the right to be presumed innocent until proven guilty in court;
- the right to be tried within a reasonable time; and
- the right to a trial by judge and jury if the maximum sentence for the offence is five or more years in prison.
You will find more information below about some of these rights but it is not possible to go into them in detail. If you have questions about how these rights affect your situation you should talk with a lawyer.
What am I charged with?
What you are charged with is called an offence. There are offences under federal laws such as the Criminal Code. These are called criminal offences. There are offences under provincial laws such as the Motor Vehicle Act. You cannot be fingerprinted for a regulatory offence, like speeding. These are NOT criminal offences.
No matter what type of offence you are charged with, you will get a written notice describing the offence, the date of the offence and the law you allegedly broke. For example, if you are charged with shoplifting, the notice may say "theft under $5000 contrary to section 334(b) of the Criminal Code of Canada".
The notice may be called a Summons, an Appearance Notice, a Promise to Appear. It will also give the date and time that you have to go to court to answer the charge. You must go to court on the date and time listed on your notice.
If you fail to appear on the date and time on your notice, a warrant may be issued for your arrest.
You may also be required to follow certain conditions while your case goes through the court system. These conditions will be put in writing on an Undertaking or a Recognizance, and you will get a copy.
You may also seek to change any of the conditions of your release after notifying the Court and the Prosecutor. Duty Counsel can help you with this if you do not have a lawyer.
You should try to speak with a lawyer to get legal advice about your situation as soon as possible.
Are all offences treated the same?
No. There are two procedures for dealing with a criminal offence depending on how serious it is.
a) Indictable offences (pronounced in-DITE-able) are the most serious. Murder, aggravated sexual assault, robbery, break and enter and theft over $5000 are examples of some indictable offences.
b) Summary offences are less serious. Unless otherwise provided, they have a maximum penalty of a fine of $5000 or six months in prison (sometimes up to 2 years less a day) or both. An example of a summary offence is causing a disturbance in public. You cannot be fingerprinted for a summary conviction offence.
Sometimes the Crown Attorney can decide whether the offence will be treated as summary or indictable. These are called hybrid offences. Most offences are hybrid offences. You may be fingerprinted and/or photographed for hybrid offences.. Examples are theft under $5000 and impaired driving. The Crown Attorney decides which procedure to use and tells the judge before you are required to enter an election or plea. An election is your choice on method of trial (talked about more below) on the first date that you are in court. The Crown Attorney is the lawyer who presents the case against you.
The police are allowed to assume that a hybrid offence will be treated as indictable. This allows them to demand that the accused provide photographs and fingerprints before the trial.
All offences under provincial laws such as the Motor Vehicle Act and the Liquor Control Act are dealt with by summary procedure. Offences under provincial laws are not criminal.
Will I get a criminal record?
You will get a criminal record if you are found guilty and convicted of a criminal offence (summary or indictable). However, if your sentence is an absolute or conditional discharge, you will not have a criminal record, although there will be a police record of the discharge. Click here for information about criminal records and record suspensions (pardons).
You will not have a criminal record if you are found guilty of an offence under provincial law.
When do I have to go to court?
The written notice that tells you what you have been charged with will also say the date that you first have to go to court.
You must go to court on the date and at the time indicated. If you do not turn up, the judge may issue a warrant for your arrest. A warrant is an order of the court that allows the police to arrest you and hold you in custody (lock up) until they can take you before a judge.
If you have a good reason for not being in court, you should call the court office and let them know. You may also ask a friend or relative to go to court and explain why you are not there. A good reason might be if you are ill. You will need to provide the court with a written note from your doctor that you are too ill to attend court. Failing to show up because you are on holiday or at work is usually not a good reason.
You may want to visit the court before your court date so that you can watch what happens there. You will see where everyone sits and what they do and how the court operates. This may help you be more relaxed and less nervous when your court date comes up.
On the day you have to go to court, you should arrive 10 or 15 minutes before you have to. If there is more than one courtroom you can ask at the information desk which court you should be in. You can go into the courtroom and sit in the seats for the public which are towards the back of the court room.
There are Nova Scotia Legal Aid Duty Counsel services (free legal advice for your court appearance for that day) are available at most courts. Ask at the information desk at court about Nova Scotia Legal Aid Duty Counsel.
Go to the Nova Scotia Courts website, Provincial Court section for more Frequently Asked Questions about court.
How many times do I have to go to court?
In many cases, if you plead guilty, there may only be one court appearance. In most cases where you plead not guilty, there are at least two court appearances.
There may be more than one court date:
a) If you or the Crown Attorney ask for adjournments (delays). For example, you might ask the judge for an adjournment to give you time to get legal advice or review your disclosure.
b) If you plead "not guilty" the judge will set a date for trial.
c) If you plead guilty, the judge may deal with the sentencing right away or set a date for sentencing.
d) If you are found guilty at your trial, the judge may want time to consider what sentence to give you and set a date for sentencing. You can also ask for an adjournment to have reports prepared to help with your sentencing like: a Pre-Sentence Report; a Gladue Report if you are Indigenous; or an Impact of Race and Culture Assessment (IRCA), if you are African-Nova Scotian.
Your first court appearance (arraignment)
This is often called the arraignment date. Nova Scotia Legal Aid has an Arraignment fact sheet. The first appearance usually lasts no more than five to ten minutes. There will be a number of cases being dealt with by the court on the same day. Listen carefully so that you can hear when the court clerk calls your case. Cases where the accused has a lawyer are usually called first. The remaining matters are then called in alphabetical order.
The court clerk will read out your name. You should walk to the front of the court where the judge can see you.
The court clerk will read the "information", which contains the charge against you.
The judge will ask you if you understand the charge. Tell the judge if you do not
understand and the judge will explain it to you. If you do understand say so.
When you have told the judge that you understand the charge, they will ask you if you plead guilty or not guilty and how you elect (choose) to be tried. The judge will say "Are you prepared to plead?" . Nova Scotia Legal Aid has a Pleas and Elections fact sheet.
Pleading guilty means that you admit that you committed the offence you are charged with.
Your choices are:
1. You can plead not guilty. The judge will then set a trial date.
2. You can ask for a delay (called an adjournment) if you need time to speak with a lawyer.
3. You can plead guilty.
If you are not sure how to plead, the judge may adjourn the matter and give you time to speak with a lawyer, or enter a not guilty plea and set a date for trial.
It is your decision how you plead. Even if you decide not to hire a lawyer to represent you in court, you should get some legal advice about your situation before you decide how to plead. It is important that you get disclosure from the Crown, and review it with a lawyer if possible, before you enter a plea. Disclosure is explained below.
If you plead guilty the judge may sentence you then or set a date for sentencing.
You or the Crown Attorney may ask the judge to order a background report be prepared on you. This is called a pre-sentence report and is prepared by a probation officer.
Election
With some indictable offences, you may elect (choose) how to be tried. This means you elect whether to be tried in
- Provincial Court by a judge alone;
- in Supreme Court by a judge alone; or,
- in Supreme Court by a judge and jury.
Your next court appearance
If your case is adjourned (postponed) to allow you to get legal advice, the judge will set a date for another hearing. It will follow much the same procedure as that for a first appearance.
Be sure that you arrange to see a lawyer as soon as possible.
Do not leave it until the day before your next court date.
Judges are understanding about asking for adjournments to seek a lawyer. But if you ask for too many adjournments, the judge will deem your election and/or plea to be the highest available election. For example: if you are charged with an indictable offence the judge will deem you to have elected trial by Supreme Court Justice sitting with a jury.
If you plead guilty and the judge sets a date for sentencing, the next court date will deal with sentencing.
If you plead not guilty, the next court hearing will likely be the trial or a preliminary hearing and that may be several months after the first court appearance. Again, you should be sure to get some legal advice before your trial or preliminary hearing.
Whatever the reason for the second court date, the judge will choose a date that is acceptable to you and the Crown Attorney and that fits in the court schedule. Be sure you know if there are dates when you are not available so that you can tell the judge. Write down the date and time that you will need to be in court again. If you are unsure you can phone the court office and ask the court clerk to check it for you. You will find court contact information at www.courts.ns.ca, or look in the government pages of the telephone book under 'Courts'.
Who will be in court?
The judge
The judge decides, based on the evidence presented in court, whether the case has been proved against you beyond a reasonable doubt. If you are found guilty, the judge decides what sentence to give you. The judge sits at the front of the court room. The judge usually wears a black robe in court. If you are speaking to the judge, address the judge as "Your Honour" in Provincial Court. In Provincial Court there are no juries. If your case goes to the Supreme Court, you should address the judge as "Justice".
Crown Attorney
The Crown Attorney is a lawyer who presents the case against you. They usually sit at a table at the front of the courtroom facing the judge. The Crown Attorney is also called "the prosecutor', or "the Crown", or "Crown Counsel". The Crown Attorney's job is to prepare the case against you and present the evidence to prove that you committed the offence. The Nova Scotia Public Prosecution Service prosecutes charges laid under the Criminal Code and Nova Scotia statutes like the Occupational Health and Safety Act. The Public Prosecution Service of Canada prosecutes criminal offences under federal jurisdiction, including cases involving drugs, organized crime, terrorism, fisheries, some environmental regulations, tax law, money laundering and proceeds of crime. Go to gov.ns.ca/pps for information about the Nova Scotia Public Prosecution Service, or ppsc-sppc.gc.ca for information about the Public Prosecution Service of Canada.
Court Clerk
The court clerk sits at a table in front of the judge facing the public. The clerk calls the court to order, receives physical evidence such as papers presented in court (these are called exhibits), calls and swears in witnesses, writes down any orders made by the judge, and makes sure that what is said in court during a trial is recorded on audio tape.
The Accused or Defendant
The person who is charged with the offence is called the "accused" or "defendant". You have a right to be in court at any time when your case is being dealt with. When your case is called, you should walk to the front of the courtroom and identify yourself. During a trial you should sit near the front of the court so that you can hear everything that is going on. If you are not represented by a lawyer, you should bring a note pad and pen or pencil to take notes about what witnesses say.
Witnesses
Usually, during the first court appearance there are no witnesses. They will be needed later during the trial to give evidence of what they know about the case. Both you and the Crown Attorney may call witnesses and cross-examine each other's witnesses if you choose to.
If you call a witness who is then cross-examined by the Crown Attorney, you may ask the witness further questions based on their answers during cross-examination. This is called redirect evidence.
Courtworkers
In some parts of the province there may be community groups who provide courtworkers to help individuals through the court process. They cannot give you legal advice.
They can help explain what will happen in court, provide support, and help you contact legal and community services. They will speak to anyone who may need help.
Public and Media
Courts are generally open to the public and the media. Anyone can come in and watch what is going on. There are seats towards the back of the courtroom for the public.
Will the media always be there?
Often there will be reporters from local media. Other media usually only cover courts if there are serious cases or a well known person appearing in court.
Television and still/video cameras and other devices to record or transmit audio or video are allowed in the courthouse but they are not allowed in the courtroom unless the judge allows them. The Courts' website has further information about the use of electronic devices and technology in court and information for members of the media.
What should I wear?
There is no special way of dressing but you do want to make a good impression on the judge, so be neat and tidy.
How should I behave?
You should show respect for the court. Show the judge that you are taking the matter seriously. Do not smoke, eat, chew gum, or take drinks into the court.
While you may want to bring a friend or relative with you for support, it is not a good idea to bring a crowd of people who joke around or are noisy or otherwise disrupt the court.
You should stand up when you speak to the judge or when the judge speaks to you.
Speak clearly and loud enough for the judge to hear you. In Provincial Court, when you speak to the judge, you call the judge"Your Honour". Here is more information about how to address a judge if you are speaking to them in court, or writing to them.
What happens at a trial
In a criminal trial you are innocent until proven guilty beyond a reasonable doubt.
The trial is the time when the Crown Attorney must present evidence to prove beyond a reasonable doubt that you committed the offence that you are charged with. If the Crown fails to do this, the judge must find you not guilty. Nova Scotia Legal Aid has a Trials fact sheet.
The basic steps in a criminal trial are:
1. The case is called by a court official. You should go to the front of the court. You will be allowed to sit at the front of the courtroom so that you can hear what is being said and see the witnesses.
2. The trial begins. The judge will ask you and the Crown Attorney if you are ready for the trial. If either of you is not ready, the judge will decide whether to continue or adjourn and set another date. There must be a good reason to ask for an adjournment. When you answer the judge you should address the judge as "Your Honour". When you have told the judge that you are ready you can sit down. The court clerk will show you where.
3. You or the Crown Attorney may ask the judge to make an exclusion order. This means that the judge excludes anyone who is to give evidence at the trial from the courtroom. You should tell your witnesses ahead of time that they will be asked to leave the courtroom when they are not actually testifying and make sure that they leave. However, although you may be a witness and give evidence at the trial, you have a right to remain in court for the whole trial.
4. The Crown Attorney presents the case against you. To prove the case against you, the Crown Attorney must present evidence that:
- you are the person charged with the offence
- you committed the offence
- you intended to commit the offence.
The Crown Attorney will call witnesses. For example, if you are charged with shoplifting, the Crown would likely have as witnesses the store manager or security officer and the police officer who investigated the matter.
Each witness goes into the witness box, swears or affirms to tell the truth, and answers questions from the Crown Attorney. As the witness gives his or her answers, you should write down the main points and anything that you may want to question later.
Note any weak points, for example, where a witness contradicts themself or another witness. When the Crown has finished with a witness, you will have a chance to ask your questions. This is called cross-examination.
Cross-examining the Crown's witnesses
Cross-examination is an opportunity for you to ask the witness questions based on their answers to the Crown, or to ask the witness about your version of events. You should prepare questions or topics that you want to ask witnesses about ahead of time. Review each witness' statement or "Can-say" in your disclosure package before going to court.
It is not the time to tell your side of the story. You will have a chance to do this after the Crown has called all its witnesses. If you will be telling a different version of events you will need to ask the witness(es) about your version so they can respond.
You do not have to cross-examine every witness. You should only cross-examine a witness if you feel that it will help your case; if the witness made conflicting answers or there are weak spots in their evidence. For example, if the witness cannot clearly recall an event, or if you believe the witness knows other facts important to your case, you may wish to cross-examine the witness.
When you cross-examine you should ask questions that show that the witness is unsure of the facts or that the evidence is weak. For example, at the time of the offence, it was dark and raining and the witness, who says he saw you commit the offence, was standing 180 metres away and wears glasses. You might want to ask questions about the weather conditions, lighting and the witness's ability to see clearly.
Do not lose your temper, or say that the witness is lying. Do not argue with the witness. Make sure your cross-examination consists of questions directed toward the witness, instead of speeches directed at the judge.
Ask only questions that you feel will help your case. Do not ask questions that allow the witness to repeat something that the witness is sure about. Ask questions you already know the answers to. For example, if the witness claims to have seen something clearly at 11pm on August 19, all you want to point out is that it was dark at the time and there was no street light nearby.
When you are cross-examining you can use questions that suggest the answer that you want. For example you can say, "It was raining hard at 11pm on August 19, wasn't it?"
These are called leading questions.
Even if you do not cross-examine the witness, you can draw attention to contradictions and weaknesses in the evidence when you sum up at the end of the trial.
The Crown Attorney may also use written evidence such as a breathalyser test certificate or drug analysis certificate or photographs or videos. Before your trial you should get legal advice on how to handle such evidence.
Making a motion for a directed verdict
When the Crown Attorney has presented the case against you, if you feel that the Crown has failed to prove all the things that had to be proved, you can make a motion for a directed verdict. This means that you are asking the judge to dismiss the case, without hearing the defence evidence. You do this by standing up and saying to the judge:
"Reserving my right to call defence evidence, I wish to make a motion for a directed verdict." You should then tell the judge what you think has been missed from the Crown's case. For example, that none of the Crown's witnesses identified you in court as the person who was at the scene of the crime.
If the judge agrees with you, the judge will acquit you (find you not guilty) and dismiss the case. If the judge disagrees with you, the judge will refuse your motion and you may begin your defence.
5. You present your case (called your defence)
This is your opportunity to tell your side of the story.
Until now, the judge has only heard the Crown's side. You can call witnesses and, if you choose, give evidence yourself. Giving evidence means getting up on the witness stand and testifying under oath or affirmation. The Crown Attorney may cross-examine your witnesses and may cross-examine you if you decide to give evidence.
You do not have to give evidence yourself. You have a right to remain silent. You should speak with a lawyer about what is best for your situation and how best to present your case.
If you call witnesses, you must not ask them leading questions. For example, you can ask "Were you with anyone on the evening of August 19? You cannot say "You were with me on the evening of August 19, weren't you?".
When you have finished asking a witness questions, the Crown Attorney may cross-examine the witness.
If you decide to give evidence yourself, you will usually do this after you call any witnesses. The Crown Attorney may cross-examine you and ask if you have a criminal record, but cannot ask you about any of the details of any individual convictions. If you do not give evidence the Crown Attorney cannot mention your criminal record unless you are found guilty of the offence. The Crown can then mention it during the sentencing process.
Generally you cannot use written evidence. You must get legal advice on what written evidence might be allowed in your case. If you are using written evidence, you will need an original for the court and a copy for yourself and for the Crown Attorney.
After the Crown Attorney cross-examines your witness, you may put forward redirect evidence by asking the witness additional questions. These questions, however, must be strictly limited to any issues which arose during cross-examination. It is an opportunity for the witness to clarify or provide context to evidence the witness may have given while being questioned by the Crown.
6. Submissions
After all the evidence has been presented in court, both you and the Crown Attorney have an opportunity to sum up your case. If you presented evidence in your defence, you will make your submission first. If you did not present a defence, the Crown Attorney sums up first. Also, if you are not represented by a lawyer, the judge might ask the Crown to sum up first. You use the submission to sum up the points in your favour.
- Keep it short;
- Do not present any new evidence;
- Tell the judge why your witnesses are believable; and,
- Draw attention to weaknesses in the Crown's case and show that the Crown has not proved the case against you.
The Crown makes a submission to try to show the judge that the evidence proves that you are guilty.
The judge makes a decision as to whether the evidence against you is sufficient to prove that you are guilty beyond a reasonable doubt.
The judge takes into account all the evidence presented in court by you and the Crown Attorney. Sometimes the judge will adjourn the court briefly to allow time to reach a decision.
If the judge finds you not guilty you are free to go. You have been acquitted.
If the judge finds you guilty, the next step is for the judge to sentence you.
7. Sentencing
Before deciding on the sentence the judge will allow you and the Crown Attorney an opportunity to speak. This is called 'speaking to sentence'. It is an opportunity for you to tell the judge about yourself and any circumstances surrounding the offence. (For example, you were depressed because you had lost your job.) Be honest. The judge will have heard hundreds of stories and will not be impressed by insincere promises or excuses.
You or the Crown Attorney may ask the judge to order a pre-sentence report, Gladue Report, or Impact of Race and Culture Assessment. The judge will set a later date for a sentencing hearing to allow time for the report to be prepared. The report or assessment provides information about you, your family, education, work, community involvement, cultural background, criminal record if you have one, systemic and other factors such as historical disadvantages, systemic racism, discrimination and its effects. It is important to keep in touch with the people who are writing these reports. If you miss your appointments, they may send a letter to the Court indicating that you failed to attend your appointments.If you are unable or do not wish to hire a lawyer, you can represent yourself in court. You should still get some legal advice on your situation before you go to court, even if you are going to represent yourself in court.
Preparing for trial
Do not leave it until a day or two before the trial date to prepare. You should make notes of what happened as soon as possible after the event. It may be several months before the trial, and you may forget important facts if you don't write them down. Think about:
- who you might call as a witness;
- whether you will give evidence yourself;
- what are the strong and weak points of your case;
- how you can best present the evidence; and
- what you will say when speaking to sentence, if you are convicted.
Sometimes people do not want to go to court to give evidence as a witness. If you have any doubt that a witness will show up at court, you should go to court one or two months before the trial date and ask for the witness to be subpoenaed (pronounced sub-PEEN-ahd). A subpoena orders a witness to come to court on the date and at the time of trial. Many employers required that employees have a subpoena before they will let them have time off work to go to court.
You should try to get some legal advice about your case from a lawyer. Do not leave this until the last minute.
Full disclosure: what is it and why you need it
Full disclosure
The Crown Attorney must provide you with full disclosure of the case against you. Disclosure means that Crown must give you copies of all evidence relevant to the case including the Crown sheet, police reports, witness statements made to the police both written and verbal, and any other documents such as a breathalyser certificate. In some cases, the Crown can place reasonable limits on some parts of your disclosure. It is becoming more common for the video or audio recording of certain witness’ statements to be excluded from your disclosure. If this is the case, then you will still be given an opportunity to view it.
You can find out from the court clerk the location of the Crown Attorney's office which will deal with your case. You can also get contact information for the Crown at novascotia.ca/pps/contact.asp (Nova Scotia) or ppsc-sppc.gc.ca (federal Crown), or in the government section of the telephone book under 'Public Prosecution' or 'Justice'. Go to the Crown Attorney's office and tell them who you are and ask for 'disclosure'. This information can be picked up by you, or in some cases, it may be mailed to you. You will need to show identification. If you do not have a lawyer, you should also say that you are going to court without a lawyer.
If you do not have a copy of the information (the paper that says what you are charged with), you can get a copy from the court clerk.
It is extremely important that you get disclosure from the Crown, and review it with a lawyer if possible, before you enter your plea.
Be prepared
Prepare your cross examination questions
The disclosure will tell you the basic information that the Crown Attorney will use in court.
Think about the offence you are charged with:
- who was there?
- what could each person see or hear?
- make a list of possible witnesses and write down what each saw or did. Do not forget to include police officers.
- are there possible witnesses that were not interviewed by police?
Think about what each person could say about the offence and make notes. Now think about what questions you could ask to point out any weaknesses.
Prepare your defence witnesses
Talk to your witnesses, one at a time, about what happened and what you will ask them in court. They must be able to say in court and in their own words what happened, and what they themselves saw or heard, or did. This is their testimony and must not be rehearsed.
The judge will not allow witnesses to give hearsay evidence. This means a witness is not allowed to say what another person told the witness they saw, heard or did.
The witness should not say what they believe happened. They must actually have seen or heard what happened or what was said.
Make sure your witnesses know that they may be cross-examined by the Crown Attorney. Make sure they know about the witness exclusion order.
You should make a list of questions that you want to ask each witness.
Prepare your evidence
You must decide whether you are going to give evidence yourself. You should talk with a lawyer about this. Here are some points for and against giving evidence.
For:
- It is the only opportunity you have to tell the judge your version of what happened;
- You may be the only defence witness who was present when the incident occurred;
- You may have seen something that no one else saw;
- You may know facts that no one else knows about the offence;
- You can explain why you said or did something;
- You can explain why you could not have committed the offence; and,
- You can provide the judge with an opportunity to assess whether you are a truthful, honest person.
Against:
- You must give evidence under oath and the Crown Attorney may cross-examine you;
- The Crown Attorney may point out weaknesses in your evidence;
- If you have a criminal record, the Crown Attorney can ask you about it; and,
- The Crown Attorney can ask you about other matters related to the case that you did not talk about in your testimony
Prepare your submission
The Crown Attorney first presents the case against you, you then present your case.
Then you both have an opportunity to make a submission. The submission is a summary of the important points of your case. It is a final opportunity for you to remind the judge of the weaknesses in the Crown Attorney's case and the strengths of your case. Write down the main points that you want to cover so that you do not forget anything. If you do not call any defence evidence, you get to address the judge last in closing submissions.
Prepare to Speak to Sentence
If the judge finds you guilty, you will likely be sentenced immediately. Even if you feel certain that you will not be found guilty, you should be prepared to speak to sentence. Consider whether you want to ask for a Pre-Sentence Report. A Pre-Sentence Report (often referred to as a “PSR”) is a document prepared by Probation Services and is an organized way to tell the judge about your personal history including the background of your family, physical and mental health, education, employment, and anything else you think might be relevant.
Appeals
If you are found guilty there may be circumstances that allow you to appeal the verdict or the sentence. Usually, you must file the appeal within 30 days. You should talk to a lawyer before you decide whether to appeal. The Crown may also appeal the verdict or sentence. Go to courts.ns.ca for the Criminal Appeal How-to Manual to help you make an informed decision about appealing a criminal conviction or sentence.
Finding a lawyer, more information and help
- Legal Aid Duty Counsel: Nova Scotia Legal Aid has duty counsel in provincial courts across the province. They can give you preliminary, free advice if you are in court without a lawyer. Call 902-420-7800 in the Halifax Regional Municipality or 902-539-7026 in the Sydney area, or ask at the courthouse.
- Nova Scotia Legal Aid: If you cannot afford a lawyer, contact Nova Scotia Legal Aid to see if you qualify. Legal Aid is listed in the phone book under 'Legal Aid' (white pages and government section) or 'Nova Scotia Legal Aid' (white pages), or visit nslegalaid.ca for contact information or to apply for Nova Scotia Legal Aid online. Nova Scotia Legal Aid also has some criminal law legal information online at: www.nslegalaid.ca
- Lawyers in private practice are listed in the Yellow pages of the phone book, both online and in-print. You should look for a criminal law lawyer. Go here for other ways to find a lawyer in private practice.
- If you are having trouble finding a lawyer in private practice you can contact the Legal Information Society's Lawyer Referral Service where you may be referred to a lawyer who will give you an initial interview of up to 30 minutes for no more than $20 plus tax. Regular fees would generally be charged after the initial consultation, although some of the Lawyer Referral Service members may offer some flexibility in fee arrangements. Go here for ways to get in touch with the Lawyer Referral Service.
- Court-Appointed Counsel Applications ("Rowbotham Applications"): If you have been denied Legal Aid and cannot afford a lawyer, there is another option. You can apply to the Nova Scotia Provincial Court to ask for a lawyer who will be funded for you.
- Courts of Nova Scotia - Provincial Court : general information.
- Provincial Court forms and rules.
- Victim Services of Nova Scotia: Nova Scotia Department of Justice, Victim Services offers a range of services to help victims of crime in Nova Scotia.
- Coverdale Courtwork Society: a non-profit community based organization that provides support to women and girls within the Halifax Regional Municipality who are experiencing the justice system.
- John Howard Society of Nova Scotia: a provincial organization comprised and governed by people whose goal is to understand and respond to problems of crime and the criminal justice system.
- Mi'kmaq Legal Support Network: The Mi’kmaq Legal Support Network (MLSN) a justice support system for Indigenous people who are involved in the criminal justice system in Nova Scotia. Call Toll Free: 1-877-379-2042 or 902-379-2042.
- Public Prosecution Service of Canada: federal government organization that prosecutes criminal offences under federal jurisdiction, including cases involving drugs, organized crime, terrorism, tax law, money laundering and proceeds of crime, crimes against humanity and war crimes, Criminal Code offences in the territories, and a large number of federal regulatory offences.
- Public Prosecution Service of Nova Scotia: Nova Scotia Public Prosecution Service prosecutes charges laid under the Criminal Code and under Nova Scotia statutes such as the Occupational Health and Safety Act.
Last reviewed: May 2022
Going to the Federal Court of Canada
Representing yourself in the Federal Court of Canada
Going to Family Court
Going to court on your own without a lawyer is called representing yourself. There are things you can do to help yourself to prepare and present your case.
Read the 'Going to Court: Self-represented Parties in Family Law Matters' workbook.
The 'Going to Court' workbook has information on:
- getting legal advice (even if you are representing yourself it is a good idea to try to get some legal advice)
- proving your case
- what the hearing process is like
- what happens at the end of the hearing
The workbook also has worksheets and checklists that will help you to prepare your case for court.
To find a lawyer who does family law, you can
- contact your local Nova Scotia Legal Aid office at: www.nslegalaid.ca/contact.php
- contact law firms in your community that do family law
- contact your Employee Assistance Program or union if you have one
- go to nsfamilylaw.ca - the page on getting legal advice
- contact a women's centre or other trusted help organization to ask if they can suggest a referral
- ask a friend, family member or trusted professional for a suggested referral
- go to Lawyers and Legal Help for more ways to find a lawyer.
If you cannot pay a lawyer
You may qualify for Nova Scotia Legal Aid
Contact your local Nova Scotia Legal Aid office for information about Legal Aid's services: nslegalaid.ca/legal-aid-offices/, and ways to apply for Nova Scotia Legal Aid: http://www.nslegalaid.ca/apply.php . You can also apply for Legal Aid online: nslegalaid.ca/onlineapplication.php. Check your local directory for the addresses and telephone numbers of legal aid offices across Nova Scotia, listed under 'Legal Aid' in the white pages and government section of the telephone book, or visit Nova Scotia Legal Aid's website at: www.nslegalaid.ca
Free brief legal advice for family law issues
You can make an appointment with a Nova Scotia Legal Aid Summary Advice Lawyer. You do not have to qualify for Nova Scotia Legal Aid to use this service. Go to nsfamilylaw.ca/legal-advice-information , (under question 21), for contact information.
More about the Summary Advice Counsel at Family Courts
This service is available throughout Nova Scotia. Your case or issue must be somehow related to the court where the Summary Advice lawyer is located. For example, if you are making an application to the court in Halifax, you should book an appointment with Summary Advice lawyer in Halifax.
The Summary Advice Counsel is a lawyer who assists people who need legal advice on a family law matter, but who do not have a lawyer. The Summary Advice lawyer provides basic legal advice, free of charge, regardless of how much you make or where you get your income.
The purpose of the Summary Advice Counsel service is to give people a better understanding of their legal rights and responsibilities. The Summary Advice lawyer can give basic information about legal terms, how to start or respond to a court application, court processes, legal documents, and other aspects of family law.
The Summary Advice lawyer can give advice on parenting arrangements, child support and spousal support, property division, divorce, and most other family law matters and court processes.
The Summary Advice lawyer does not provide advice to parents involved in child protection matters, or for matters involving Mi’kmaw Family Services. The Summary Advice lawyer may provide advice to a non-party to a child protection matter. For example, if you are not directly involved with a child protection proceeding and are applying for decision-making responsibility for, or contact with, the children involved.
The Summary Advice lawyer does not go to court with you. For more information about this service, click here.
You can contact your local Summary Advice lawyer to book an appointment by calling the appropriate number below:
| Annapolis | 902-742-0500 | Pictou | 902-485-7350 |
| Antigonish | 902-863-7312 | Port Hawkesbury | 902-625-2665 |
| Amherst | 902-667-2256 | Sydney | 902-563-2085 |
| Bridgewater | 902-543-4679 | Truro | 902-893-5840 |
| Halifax | 902-424-5616 | Windsor | 902-679-6075 |
| Kentville | 902-679-6075 | Yarmouth | 902-742-0500 |
Lower cost options
Your lawyer may accept alternate billing arrangements, or may be willing to just work on part of your case.
If you have no extra money, but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case, when you receive your share of the family property.
Also, some lawyers may consider helping you with just part of your legal issue - for example, preparing an affidavit or cross-examining a witness in court. Helping with just part of a case is sometimes called providing 'unbundled' or "Limited Scope Retainer" legal services. Go here for more information about how lawyers charge for their work.
You can represent yourself
If you decide to or must represent yourself, you should still ask a lawyer to review court forms before you file them with the court, if possible. You should always get independent legal advice from your own lawyer before you sign a written agreement or enter into a consent court order.
Start with nsfamilylaw.ca for family law information in Nova Scotia
More legal information about family law in Nova Scotia
- Contact the Legal Information Society of Nova Scotia by telephone, email or live chat to connect with a legal information counsellor and get free family law information
- Nova Scotia Legal Aid offers family law information and family law live chat on its website on Tuesdays from 3 pm to 5 pm
- Justice Canada Family Law Information
- The Court Services Division of Nova Scotia's Department of Justice has Family Law Information Centres at the Supreme Court-Family Division in both Halifax and Sydney. Visit nsfamilylaw.ca or contact the court for more information
- A website called CANLII offers free access to Canadian laws and court decisions. You can also find Nova Scotia laws on the Nova Scotia legislature website - nslegislature.ca
- Information about the Supreme Court-Family Division, court forms, procedures and court contact information, is on the Nova Scotia Courts' website - www.courts.ns.ca
- Francophone Nova Scotians can get help from l'Association des juristes d'expression française de la Nouvelle-Écosse, or contact the Legal Information Society of Nova Scotia by email anytime, or by telephone on Monday mornings or Friday afternoons for legal information in French.
Last reviewed: August 2022
Going to Small Claims Court
Go to courts.ns.ca for more information or contact us for more legal information.
Full Length Videos about Representing Yourself in Small Claims
See our SHORT VIDEOS to help you get prepared for small claims court right away or...
Small Claims Court Representing Yourself Videos – a comprehensive guide
- Introduction and Disclaimer
- Introduction to Advocacy
- The Theory of the Case
- Being Persuasive
- Settlement
- Procedure: Role of the Judge (or Adjudicator) and Discoveries
- Procedure: Judgment and Costs
- Procedure: Pleadings and Adjudication
- Procedure: Conclusion
- Evidence: Show Your Story
- Evidence: Types of Evidence, and Introducing Evidence
- Evidence: Admissibility, Privilege, and Hearsay
- The Hearing: The Room and Witnesses
- The Hearing: Questioning witnesses
- The Hearing: Objections
- The Hearing: Types of Questions and Objections
- The Hearing: Argument
- Nuts and Bolts
- Conclusion
1. Intro and Disclaimer
2. Introduction to Advocacy
3. The Theory of the case
4. Being persuasive
5. Settlement
6. Procedure: Role of the Judge or Adjudicator, and Discoveries
7. Procedure: Judgment and Costs
8. Procedure: Pleadings and Adjudication
9. Procedure: Conclusion
10. Evidence: Show your story
11. Evidence: Types of Evidence, and Introducing Evidence
12. Evidence: Admissibility, Privilege and Hearsay
13. The Hearing: The Room and Witnesses
14. The Hearing: Questioning Witnesses
15. The Hearing: Objections
16. The Hearing: Types of Questions and Objections
17. The Hearing: Argument
18. Nuts and Bolts
19. Conclusion
7 important things to do when presenting a case in Small Claims Court
From a Small Claims Adjudicator's Desk...
Seven important things to do (or not do) when presenting a case in Small Claims Court
audio Click here (2.26 MB) to download & listen to these 7 tips in audio
1. Tell a story
Good stories have a beginning, a middle and an end. And your dispute is best presented as a story. The Adjudicator needs to know the background so that he or she can place the dispute in context. Take your time. Set the stage. Introduce yourself. Start at the beginning and bring out the rest of the story in a methodical way, ending up at the point that you started your Claim. If you are the Defendant, the same principle applies, except that the Claimant gets to go first.
2. Cases are presented with evidence
Adjudicators will decide the case based on the evidence presented. Evidence comes in several different forms, principally the sworn testimony of people (witnesses) and documents. Witnesses should have first-hand knowledge of what they speak about, otherwise their evidence may be seen as mere “hearsay” and given little or no value. As a party (Claimant or Defendant) you must bring to court all of the witnesses (including you) and documents that you believe would be helpful to proving your case. It will not help you to speak about documents that you left at home, or to refer to witnesses that are busy elsewhere. The trial is when these things or people are needed. Sometimes, a trial may be adjourned to allow a necessary witness to attend on another day, but there had better be a good reason for why they are not in attendance for the first day.
3. What is cross-examination?
You will also have the chance to cross-examine the other party and his or her witnesses. Cross-examination means asking questions, not just arguing with the witness. A good cross-examination brings out facts that the witness omitted, or shows that they may not be telling the whole truth. If you choose to cross-examine, be careful what you ask, as you are stuck with the answers. Many self-represented parties choose not to cross-examine, knowing that cross-examination is a legal skill that not everyone possesses. The Adjudicator will not hold it against you if you decide not to cross-examine, but just wish to tell your own story.
4. Documents must be proved
With rare exceptions, documents must be authenticated by someone who is familiar with the document. For example, if it is an email between A and B, either of A or B can authenticate it by saying “I sent it” or “I received it.” If it is a contract, you may be able to testify that you signed it, or were given it. If it is a photograph, someone may need to testify that they took the photograph. A document that is not authenticated this way may not be accepted, or may be given little “weight.”
Any document that you refer to becomes part of the court file, so bring enough copies (usually three) so that the court and the other party can have one. The same is true of photographs - bring copies for everyone. If you plan to show a video, bring copies on a DVD or thumb drive, so it can be shown on the equipment in the court and also taken away by the Adjudicator.
Do not offer to show pictures or videos on your phone or laptop. Print them out and bring copies, or in the case of videos, bring it on a CD or thumb drive.
5. Experts
Sometimes, to make out your case you need to call an expert to testify. For example, you may have a mechanic who can testify that a repair done to your car by someone else was improper. Best practice is to have that expert put their opinion in writing, and also come to court prepared to testify. You may have to pay them for their time. That is only fair.
If you do get an expert report, it is also best practice to send it to the other party before the hearing, so they are not taken by surprise. They may wish to get their own expert, so send it well in advance of the trial date. Otherwise, there is a risk that the trial will have to be adjourned so the other party can prepare a response.
6. Beware the internet
Adjudicators will rarely accept articles or opinions that you got off the internet. The internet may be a good starting point for educating yourself, but printouts from the internet will rarely be accepted as evidence by itself. For example, you may find a website where someone in the US gives an opinion that such and such a vehicle has defective brakes. The court will not accept that as evidence, where the state of the brakes is a major issue in the case. You will need a live expert who can defend their opinion.
7. Don’t be afraid to ask for help – a little can go a long way!
The more complicated your case, or the more money involved, the more advisable it is to get a bit of legal help in advance. Consider asking for help from a lawyer, or an organization such as the Legal Information Society, or Small Claims court staff. The Adjudicator hearing your case will may also be willing to help, to a degree, where you are not certain about proper procedure.
Time limits for suing
Nova Scotia's Limitation of Actions Act gives time limits for starting a civil lawsuit. The new Limitation of Actions Act became law on September 1, 2015.
Limitation periods prevent a claimant from starting a lawsuit after a certain time period has passed. The general idea is to give claimants a reasonable amount of time within which to sue, but at the same time respect the defendant's right to certainty and closure about potential claims.
The law says there is a two year basic limitation period (time limit) for suing in court. The two year time limit clock starts ticking from the date the person "discovers" that they have a legal claim. The new Limitation of Actions Act applies to claims to remedy an injury, loss or damage that resulted from something someone did (an act), or failed to do (an omission). Examples are a personal injury, medical malpractice or breach of contract claim.
There are some exceptions to the two year time limit rule. For example, there is no time limit for making a sexual misconduct or abuse claim. Depending on the type of claim, there may also be time limits in other statutes that would take precedence over time limits in the Limitation of Actions Act.
There is also a 15 year "ultimate" time limit for claims which may take longer to discover. An example is medical complications from surgery which may take several years to find out about.
It is important to check with a lawyer for legal advice if you are not sure what limitation period may apply to your situation.
For more information:
- NS government news release: novascotia.ca/news/release/?id=20150805001
- NS Department of Justice summary of Nova Scotia's Limitation of Actions Act: novascotia.ca/just/documents/Limitation-of-Actions-Act.pdf
- Read the new Limitation of Actions Act: nslegislature.ca/legc/bills/62nd_2nd/3rd_read/b064.htm
This page gives legal information only. It does not give legal advice. If you have a legal problem you should consult a lawyer.
Last reviewed August 2022