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Criminal charges
You can get a lawyer to represent you in your criminal case if, after you were convicted, you would:
- go to jail,
- face a conditional sentence that would severely limit your liberty,
- lose your way of earning a living, or
- face an immigration proceeding that could lead to your deportation from Canada.
You can also get a lawyer to represent you if you:
- have a physical condition or disability or mental or emotional illness that makes it impossible for you to represent yourself, or
- are Aboriginal and the case affects your ability to follow a traditional livelihood of hunting and fishing.
People facing serious and complex criminal charges who have been denied legal aid but cannot afford a lawyer can make a Rowbotham Application. For more information, see the booklet, If You Can't Get a Lawyer for Your Criminal Trial: How to Make a Rowbotham Application.
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, 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?
Note: If you are a young person charged with a federal offence, you are entitled to legal representation. However a youth in the care of the Ministry of Children and Family Development must speak to their social worker to arrange for a lawyer.