counsel, has not been recognized for civil proceedings between private parties, such as tort actions. The provinces have jurisdiction over legal aid and the extent of coverage varies between provinces and depending on the legal issue. The determining factors for being eligible for legal aid in Alberta, British Columbia, Ontario and Quebec is the person’s residence, whether the legal aid organization deals with the legal matter, and whether the individual meets financial means requirements.198 In terms of the legal matters covered by legal aid organizations in Alberta, British Columbia, Ontario and Quebec, coverage includes family law, criminal law, and some immigration and refugee law matters.199 Of particular importance to stateless persons is that for immigration and refugee matters, legal aid organizations conduct merit assessments of their case before approving legal aid representation.200 Security for Costs In Canadian law, the same “security for costs” rules apply to stateless persons resident in Canada as any other person engaged in litigation in Canada. In particular, at federal, Alberta, British Columbia, Ontario and Quebec courts, security for costs is at the judge’s discretion and is considered an exceptional measure.201 Legislation on security for costs in federal courts, Alberta, Ontario and Quebec, allow a judge to consider as a factor in granting a motion on security for costs whether the defendant is a non-resident of Canada or a non-resident of the province in which the action is brought.202 In British Columbia, where there is no legislative provision on security for costs, the common law provides that being a non-resident of Canada or the province is one factor that a judge can consider in granting a motion on security for costs. 203 In all Canadian jurisdictions the ability to pay costs is also a factor for the judge to consider. See Legal Aid Alberta, “Eligibility”, available at: http://www.legalaid.ab.ca/help/Pages/Eligibility.aspx; Legal Services Society, “Legal representation by a lawyer”, available at: http://www.lss.bc.ca/legal_aid/legalRepresentation.php; Legal Aid Ontario, “Getting legal help”, available at: http://www.legalaid.on.ca/en/getting/default.asp; Commission des services juridique, “Services”, available at: http://www.csj.qc.ca/sitecomm/W2007English/Main_En_v4.asp 199 Ibid. 200 The merit assessment applies equally to anyone (usually a foreign national) who applies for legal aid in immigration and refugee matters. However, see Statelessness in Canadian Context, supra note 4 at 38-50. Based on Andrew Brouwer’s assessment of the law and the inadequate legal mechanisms available to stateless persons in Canada to receive protection, regularize their status, and to become naturalized, it could be argued that stateless persons may be disproportionately impacted by merit assessments. If their case is seen as having little merit or no chance of success they could be denied legal assistance by legal aid. However, this would not prevent them from hiring a lawyer at their own expense. 201 See Federal Courts Rules, supra note 185 at r. 415-418. The only exemption for security for costs in the Federal Courts Rules is for seamen bringing an action in Federal Court, per rule 499; Alberta Rules of Court, supra note 186 at ss. 4.22; Ontario Rules of Civil Procedure, supra note 188 at r. 56.01; QC Code of Civil Procedure, supra note 189 at ss. 65, 152-153. British Columbia does not include a similar rule in the BC Civil Court Rules, supra note 187. The ability to bring a motion for security for costs in British Columbia is maintained through the common law, see Han v. Cho, 2008 BCSC 1229, at paras. 12 & 27 available at: http://canlii.ca/t/20nv4. 202 Federal Court Rules, supra note 185; Ontario Rules of Civil Procedure, supra note 188; and QC Code of Civil Procedure, supra note 189. In Alberta Rules of Court, supra note 186 at s. 4.22(e), it is not explicitly stated in the legislation, but a judge is given broad discretion to consider “any other matter the Court considers appropriate". 203 Han v. Cho, supra note 201 at para. 27. 198 39 39