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Template:LSLAP Manual Copyright

Nate Russell — Thu, 17 Sep 2026 23:50:16 GMT

2026 update

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	\| © Copyright ~~2025~~, The Greater Vancouver Law Students' Legal Advice Society.		\| © Copyright 2026, The Greater Vancouver Law Students' Legal Advice Society.
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Etiquette for Criminal Matters (1:III)

Nate Russell — Thu, 17 Sep 2026 23:47:34 GMT

2026 update

Governing Legislation and Resources for Criminal Law (1:II)

Nate Russell — Thu, 17 Sep 2026 23:45:47 GMT

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	{{REVIEWED LSLAP \| date= 1 August ~~2025~~}}		{{REVIEWED LSLAP \| date= 1 August 2026}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

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	=== 1. Annotated Criminal Codes: ===		=== 1. Annotated Criminal Codes: ===
	* Edward Greenspan ~~et al~~, eds, ''~~Martin’s~~ Annual Criminal Code'', ~~2025~~ ed (Toronto, CA: Carswell Thomson Reuters, ~~2024~~).		* Edward Greenspan Q.C., The Honourable Mr. Justice Marc Rosenberg, Marie Henein, Matthew Gourlay, eds, ''Martin's Annual Criminal Code'', 2026 ed (Toronto, CA: Carswell Thomson Reuters, 2025).
	* Alan D. Gold, ''The Practitioners Criminal Code'', ~~2025~~ ed (Toronto: LexisNexis Canada, ~~2024~~).		* Alan D. Gold, ''The Practitioners Criminal Code'', 2026/2027 ed (Toronto: LexisNexis Canada, 2026).
	* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated ~~Tremeear’s~~ Criminal Code'', ~~2025~~ ed (Toronto: Carswell Thomson Reuters, ~~2024~~).		* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear's Criminal Code'', 2026 ed (Toronto: Carswell Thomson Reuters, 2025).


	'''NOTE:''' All criminal lawyers carry around one of the three leading annotated criminal codes. The most commonly used is ''~~Martin’s~~''. When reviewing any case, the annotations on the section a client is charged with provide a good place to start regarding identifying the elements of the offence.		'''NOTE:''' All criminal lawyers carry around one of the three leading annotated criminal codes. The most commonly used is ''Martin's''. When reviewing any case, the annotations on the section a client is charged with provide a good place to start regarding identifying the elements of the offence.


	=== 2. Other Criminal Law Resources: ===		=== 2. Other Criminal Law Resources: ===
			* ''The Arrest Handbook: A Guide to Your Rights'', 2023 ed (British Columbia Civil Liberties Association, 2023) (free access on bccla.org in English, French, Punjabi, Spanish, Simplified Chinese, and Traditional Chinese).
			* ''Legal Information for Indigenous People: National Edition'', 2025 ed (Bella Coola Legal Advocacy Program, 2025) (free access on Clicklaw Wikibooks).
	* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3rd ed (Toronto: Carswell, 2022).		* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3rd ed (Toronto: Carswell, 2022).
	* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''~~McWilliam’s~~ Canadian Criminal Evidence'', 5th ed (Toronto: Carswell, 2013).		* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''McWilliam's Canadian Criminal Evidence'', 5th ed (Toronto: Carswell, 2013).
	* The Honourable David Watt, KC., ''~~Watt’s~~ Manual of Criminal Evidence'', ~~2024~~ ed (Toronto: Carswell Thomson Reuters, ~~2024~~).		* The Honourable David Watt, KC. & Jill D. Makepeace, ''Watt's Manual of Criminal Evidence'', 2025 ed (Toronto: Carswell Thomson Reuters, 2025).
	* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).		* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).
	* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).		* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).
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	Legal Aid BC (LABC), previously the Legal Services Society of BC, is the only source of criminal legal aid in British Columbia (BC). ~~LABC’s~~ purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. LABC will provide a retainer to a lawyer in private practice requested by or assigned to the eligible client who will provide legal assistance on a contract basis.		Legal Aid BC (LABC), previously the Legal Services Society of BC, is the only source of criminal legal aid in British Columbia (BC). LABC's purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. LABC will provide a retainer to a lawyer in private practice requested by or assigned to the eligible client who will provide legal assistance on a contract basis.


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	'''b) Eligible Offences and Conditions'''		'''b) Eligible Offences and Conditions'''

	Legal Aid lawyers may be able to represent an accused person in their criminal case if, after conviction (or a guilty plea) the accused would:		Legal Aid lawyers may be able to represent an accused person who is financially eligible in their criminal case if, after conviction (or a guilty plea) the accused would:
	* be sentenced to a period of jail (including a conditional sentence);		* be sentenced to a period of jail (including a conditional sentence);
	* lose their means of earning an income; or		* lose their means of earning an income; or
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	'''c) Reviewing a Decision '''		'''c) Reviewing a Decision '''

	An accused who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal ~~assistant’s~~ decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/services/apply-for-review-of-decision.		An accused person who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal assistant's decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/services/apply-for-review-of-decision.


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	~~The~~ accused may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The ~~client~~ should then call the lawyer to make an appointment to receive a free 15-minute consultation. The ~~client~~ will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]] for more information.		An accused person may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The accused person should then call the lawyer to make an appointment to receive a free 15-minute consultation. The accused person will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]] for more information.


	=== 6. ~~Everyone Legal Clinic~~: ===		=== 6. Duty Counsel: ===


	~~The Everyone Legal Clinic provides fixed-fee criminal defence at a lower cost~~ to ~~individuals facing summary conviction offences~~. ~~Clients can request a consultation appointment with~~ an ~~articling student online at https://app.qase.net/create_elc_referral. More information, including rates, can be found at https://everyonelegal.ca/services-for- everyone/criminal-defence.~~		Duty Counsel are lawyers paid by the government to help accused people who do not have lawyers. When an accused person does not have a lawyer, they are referred to as "unrepresented." Duty Counsel can help unrepresented people (whether in custody or out of custody) by providing them with basic legal information and advice, and by assisting them in conducting basic court appearances. Duty Counsel is often the first lawyer to give legal advice to people in custody. As Duty Counsel is there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused person by:


	~~=== 7. Duty Counsel: ===~~


	~~If the~~ accused does not have a lawyer ~~(either retained privately or through Legal Aid)~~ Duty Counsel ~~(lawyers paid by the government) are there to assist~~ unrepresented people (whether in custody or out of custody) by providing them with basic legal information and advice, and ~~to assist~~ them in conducting basic court appearances. Duty Counsel is often the first lawyer to give legal advice to people in custody. As Duty Counsel is there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused by:
	* giving advice about the charges and court procedures;		* giving advice about the charges and court procedures;
	* conducting a bail hearing;		* conducting a bail hearing;
	* entering a guilty plea and providing background information about the accused for the purposes of sentencing; and		* entering a guilty plea and providing background information about the accused person for the purposes of sentencing; and
	* talking to the accused about possible ways of resolving the file such as through diversion.		* talking to the accused person about possible ways of resolving the file such as through diversion.


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Conflict of Laws Issues in Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:43 GMT

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	[[Category:Archived Sections from JP Boyd on Family Law]]		[[Category:Archived Sections from JP Boyd on Family Law]]

Further Topics and Overlapping Legal Issues in Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:39 GMT

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Guardianship, Parenting Arrangements and Contact

Nate Russell — Tue, 15 Sep 2026 00:43:36 GMT

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Indigenous Families

Nate Russell — Tue, 15 Sep 2026 00:43:32 GMT

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Newcomers to Canada and Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:28 GMT

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Overlapping Legal Issues and Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:25 GMT

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Same Sex Relationships and Issues Affecting Transgender and Transsexual People

Nate Russell — Tue, 15 Sep 2026 00:43:19 GMT

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Specific Communities and Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:10 GMT

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Wills and Estates Issues in Family Law

Nate Russell — Tue, 15 Sep 2026 00:43:04 GMT

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	{{REVIEWED LSLAP \| date= 1 August ~~2025~~}}		{{REVIEWED LSLAP \| date= 1 August 2026}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

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	When ~~an accused attends~~ court for a matter, ~~they~~ should check the court lists to confirm in which courtroom the matter is to be heard. If the court is not sitting at the time, ~~the accused~~ should attempt to seek out the Crown Counsel who ~~has conduct~~ of the matter and identify ~~themselves~~.		When you attend court for a matter, you should check the court lists to confirm in which courtroom the matter is to be heard. If the court is not sitting at the time, you should attempt to seek out the Crown Counsel who is in charge of the matter and identify yourself.

	To get ~~their~~ matter called, ~~the self-represented accused person~~ should ~~indicate to~~ Crown Counsel or the Crown assistant that ~~they~~ are present, self-represented, and ready to proceed. If Crown Counsel is not physically present, but appearing over Microsoft Teams, ~~the accused~~ should notify the Sheriff or Duty Counsel that ~~they~~ are present. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused '''and their counsel''' are present. Do not interrupt Crown Counsel when they are addressing a matter.		To get your matter called, you should inform Crown Counsel or the Crown assistant that you are present, self-represented, and ready to proceed. If Crown Counsel is not physically present, but appearing over Microsoft Teams, you should notify the Sheriff or Duty Counsel that you are present. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused '''and their counsel''' are present. Do not interrupt Crown Counsel when they are addressing a matter.

	When the Judge enters or exits the court, ~~the accused~~ should stand. If the court is sitting, ~~the accused~~ should enter the courtroom, and ~~be seated~~ at the chairs located behind the bar that separates the public gallery from the ~~“well”~~ of the courtroom in front of the ~~judge’s~~ bench.		When the Judge enters or exits the court, you should stand. If the court is sitting, you should enter the courtroom and sit at the chairs located behind the bar that separates the public gallery from the "well" of the courtroom in front of the judge's bench.

	When ~~the~~ matter is called, ~~the accused~~ should rise and approach the ~~counsel’s~~ table. ~~They~~ should stand on the other side of the podium from the Crown. ~~The rule of thumb is~~ that Crown is seated next to the witness box while the defence and the accused are seated furthest away.		When your matter is called, you should rise and approach the counsel's table. You should stand on the other side of the podium from the Crown. Standard practice dictates that Crown is seated next to the witness box while the defence and the accused are seated furthest away.

	:'''NOTE:''' Provincial Court Judges wear robes and are addressed as ~~“Your Honour”~~ in court while Justices of the Peace wear suits or other clothing, and are addressed as ~~“Your~~ Worship.” The top of a court list will also indicate whether the matter is being heard in front of a Judge or JP.		:'''NOTE:''' Provincial Court Judges wear robes and are addressed as "Your Honour" in court while Justices of the Peace wear suits or other clothing, and are addressed as "Your Worship." The top of a court list will also indicate whether the matter is being heard in front of a Judge or JP.


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	When interacting with the Crown (or anyone else), ~~the accused~~ should always be pleasant and polite. There are times when ~~the accused needs~~ to be more assertive, but this should be done in a tactful way. ~~The accused~~ should always ~~respect~~ the Crown, even when pointing out errors.		When interacting with the Crown (or anyone else), you should always be pleasant and polite. There are times when you need to be more assertive, but this should be done in a tactful way. You should always act respectfully towards the Crown, even when pointing out errors.


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	* Always be polite to everyone in the courtroom.		* Always be polite to everyone in the courtroom.
	* Never mislead the court.		* Never mislead the court.
	* Be punctual. Do not waste the ~~court’s~~ time.		* Be punctual. Do not waste the court's time.
	* Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes.		* Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes.
	* Stand when the judge enters or leaves the courtroom.		* Stand when the judge enters or leaves the courtroom.
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	* Stand on the other side of the podium from Crown Counsel and furthest away from the witness box.		* Stand on the other side of the podium from Crown Counsel and furthest away from the witness box.
	* Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court.		* Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court.
	* Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as ~~“with~~ your ~~Honour’s~~ leave I would like to approach the witness to show him his statement".		* Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as "with your Honour's leave I would like to approach the witness to show him his statement".
	* Do not interrupt the judge. Listen to what the judge says.		* Do not interrupt the judge. Listen to what the judge says.
	* ~~Pause briefly~~ to consider your ~~words~~ and then respond.		* When the judge asks you a question, take your time to carefully consider your reply and then respond. It is important to answer clearly so that the judge understands you.
	* Address all remarks to Crown Counsel through the judge.		* Address all remarks to Crown Counsel through the judge.
	* Do not quarrel with Crown Counsel, witnesses, or the Court.		* Do not quarrel with Crown Counsel, witnesses, or the Court.
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	Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons. In BC, the Provincial Courts have chosen to use Microsoft Teams (~~“MS Teams”~~) for remote court appearances. ~~The defence/self-represented accused~~ can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call.		Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons. In BC, the Provincial Courts have chosen to use Microsoft Teams ("MS Teams") for remote court appearances. You can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call.

	If ~~the defence/accused wishes~~ to attend the appearance remotely, determine at which courthouse and in which courtroom the appearance is taking place, using Court Services Online (https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do). Call the court registry for that courthouse, tell them the courtroom, date, and time of the appearance. Ask for either the dial in number or the e-mail link for MS Teams for that courtroom on that day. ~~The defence/accused~~ may also wish to ask for the conference number to ensure ~~they~~ attend the correct courtroom.		If you wish to attend the appearance remotely, determine at which courthouse and in which courtroom the appearance is taking place, using Court Services Online (https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do). Call the court registry for that courthouse, tell them the courtroom, date, and time of the appearance. Ask for either the dial in number or the e-mail link for MS Teams for that courtroom on that day. You may also wish to ask for the conference number to ensure you attend the correct courtroom.

	If ~~the defence/accused intends~~ to appear remotely you need to file a Court Videoconference Request form (ADM509) form at the court registry 5 business days prior to the hearing. If you submit the request form outside of the ~~registry’s~~ regular hours, it must be done 21 business days in advance of the hearing. You will need to contact the Crown and inform them in order to receive consent.		If you intend to appear remotely, you need to file a Court Videoconference Request form (ADM509) form at the court registry 5 business days prior to the hearing. If you submit the request form outside of the registry's regular hours, it must be done 21 business days in advance of the hearing. You will need to contact the Crown and inform them in order to receive consent.

	All technology is prone to breakdowns and interruptions. If Crown Counsel knows that ~~the defence/accused intends~~ to appear by MS Teams, they will be slow to seek a bench warrant if ~~the defence/accused is~~ not present on the phone or on MS Teams at the correct time.		All technology is prone to breakdowns and interruptions. If Crown Counsel knows that you intend to appear by MS Teams, they will be slow to seek a bench warrant if you are not present on the phone or on MS Teams at the correct time.

	If appearing on MS Teams, the camera and microphone ~~should be kept~~ off until ~~the accused’s~~ matter is called. ~~The defence/accused~~ should use the chat function of MS Teams to let Crown Counsel and the court know ~~for~~ which matter ~~they~~ are present in court to address (last name and number of matter). Once the matter is called, turn on the camera. ~~Only unmute~~ the microphone ~~when~~ it is ~~the defence’s~~ turn to speak.		If appearing on MS Teams, you should keep the camera and microphone turned off until your matter is called. You should use the chat function of MS Teams to let Crown Counsel and the court know which matter you are present in court to address (last name and number of matter). Once the matter is called, turn on the camera. Keep the microphone off at all times until it is your turn to speak.

	Please note that, if appearing remotely, it is likely that the matter will be called later than if ~~the defence/accused~~ had attended in person. Law students representing clients are encouraged to attend appearances in person (unless ill) to observe the workflow of the active court.		Please note that, if appearing remotely, it is likely that the matter will be called later than if you had attended in person. Law students representing clients are encouraged to attend appearances in person (unless ill) to observe the workflow of the active court.

	For further information about appearing remotely and official court rules please refer to the webpage produced by the Provincial Court of British Columbia, ~~“Participating Remotely”~~:		For further information about appearing remotely and official court rules please refer to the webpage produced by the Provincial Court of British Columbia, "Participating Remotely":
	https://provincialcourt.bc.ca/navigating-court-case/information-all-types-cases/attending-court-case/participating-remotely		https://provincialcourt.bc.ca/navigating-court-case/information-all-types-cases/attending-court-case/participating-remotely