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Duty counsel lawyers for criminal and immigration law matters
Criminal
If you can't get a legal aid lawyer and you are charged with a crime, you may be able to get help from duty counsel in Provincial Court. Duty counsel are lawyers paid by the Legal Services Society to provide legal services to accused people whether they are in and out of custody.
Duty counsel can provide you with advice about:
- the charges against you,
- court procedures, and
- your legal rights (including the right to counsel and the right to apply for legal aid).
Duty counsel can also represent you at a bail hearing, and, if there is time, help with a guilty plea. While you don't have to be financially eligible to get criminal duty counsel services, you must meet LSS coverage and financial eligibility requirements to receive ongoing representation.
Duty counsel is available at courthouses throughout the province. For duty counsel hours in your area, contact your local court registry. You can find contact information for court registries on the Provincial Court of BC website. Click on the location nearest you to find the court's address, phone number, and hours. Or look in the blue pages of your phone book under "Government of British Columbia — Court Services."
Note: If you self-identify as Aboriginal, you have Gladue rights under the Criminal Code. Gladue refers to the special consideration that judges must give an Aboriginal person when sentencing or setting bail. In addition to your Gladue rights, you may be able to have your bail or sentencing hearing in the First Nations Court of BC in New Westminster. For more information about transferring your case to the court, contact the First Nations Court duty counsel at 1-877-601-6066 (call no charge from anywhere in BC). The duty counsel can help you apply to the court, and help you find a lawyer and someone to write your Gladue report. For additional information, see the fact sheet Are you Aboriginal? Do you have a bail hearing? Are you being sentenced for a crime? Do you know about First Nations Court?
Immigration
LSS provides duty counsel for people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings. Clients do not have to meet LSS financial eligibility requirements to receive these services.