Information on Criminal Law for LSLAP Students (1:XI)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 7, 2024. |
A. Determine the Status of the File
When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance.
- NOTE: For further information on a client’s upcoming appearance, including the date, time, and stated purpose of the appearance, view the client’s file on CSO. See Part (7): Court Services Online for further information.
1. Client Comes to the Clinic Before the First Appearance Date
The clinician should first advise the client they must attend court at each appearance date. The clinician should further advise the client about the nature of the first appearance and tell the client that the trial never proceeds at the first appearance. If the time before the first appearance date is brief (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, seek further legal advice, or prepare their case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s version of the events that led to the criminal charge until particulars are obtained and they have met with the supervising lawyer.
If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest. The second party to approach LSLAP must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant or vice versa. If the other party approaches LSLAP for advice, they must immediately be referred to their own legal counsel.
2. Client is on Probation or Otherwise Serving a Sentence
The student may be able to help the client understand the terms of a sentence or help the client in their relationship with the supervising authority. If the issue for which the client is seeking advice is complex, the client should be advised to seek legal counsel.
3. Client Has Already Appeared in Court
If the client has only appeared in court once, they have likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the justice of the peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.
If the client has already obtained particulars and the Initial Sentencing Position, and the clinician needs time to review the particulars and to discuss the client’s options, the client should be instructed to attend the Initial Appearance and inform Crown that they are being represented and ask that the matter be adjourned for one to two weeks. The client may also request an adjournment if there are significant outstanding disclosure issues.
4. The Trial Has Already Been Set
LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented.
- NOTE: Several pamphlets available from Legal Aid BC may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
| Jurisdiction | First Appearance Court (Judge/JP) | Arraignment / Plea Court (Judge/JP) |
|---|---|---|
| Vancouver | 307 | 101 |
| Vancouver DCC | 1 | 1 |
| Surrey | 100/104 | 102 (Prov) / 103 (Fed) |
| North Vancouver | 003 | 002 |
| Richmond | 101 | 106 |
| New Westminster | IAR | 2-6 |
| Port Coquitlam | 003 | 001 |
| Vancouver’s Downtown Community Court (DCC) | ||
| The DCC differs from regular criminal courts in that it integrates a variety of agencies to address the underlying health and social problems that often lead to the commission of an offence.
The DCC only has jurisdiction to take summary conviction cases where the offence occurred in Downtown Vancouver (with Clark Drive and Stanley Park as the east-west boundary; and Coal Harbour and Great Northern Way as the north-south boundary). | ||
| Drug Treatment Court Vancouver (DTCV) | ||
| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the Controlled Drugs & Substance Abuse Act and other drug-motivated Criminal Code offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities. |
6. Client Failed to Appear
Failure to appear for a scheduled court appearance is an offence (Criminal Code, ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.
B. Discuss LSLAP File Procedures and Policies with the Client
The clinician must establish certain “ground rules” to govern the relationship between clinician and client in a criminal file:
- The client will attend all court appearances. LSLAP clinicians will not appear as agents for their clients.
- Counsel represents the client and, as such, it is the clinician who is in charge of the file. While the client may assist in their own defence and can give the clinician specific instructions, it is the clinician who contacts Crown and other parties.
- The client cannot request another law student; the client can either be represented by the clinician they are assigned, or they can seek alternate representation outside of LSLAP.
- Clinicians cannot follow illegal or unethical instructions, such as tampering with witnesses or counselling a Crown witness not to attend court. Clinicians also cannot put the client on the stand knowing that the client will be untruthful and commit perjury. Students should be advised to speak to a supervising lawyer if there are any emerging ethical concerns.
C. Guide to Court Services Online (CSO)
Court Services Online is BC’s electronic court registry. It is an initiative of the Court Services Branch of the Ministry of the Attorney General and British Columbia Judiciary. Using the online directory at https://justice.gov.bc.ca/cso/index.do, clients and legal representatives are able to search court files and file court documents, 24 hours a day, online. It can be an incredibly useful tool for establishing details about a client’s case about which they, themselves, may be unaware.
Searching and viewing provincial criminal and traffic court files on CSO is free. Civil cases and court of appeals files can also be searched on CSO but require that users pay either a nominal fee ($6.00 as of 2024) per file viewed or have a subscription account with CSO.
1. eSearch
Clients, legal representatives, and the public at large can use the eSearch function on CSO to view provincial criminal and traffic court files in BC. Locate a file by searching the participant’s name or file number. Additional information such as location, level, and class can be added to narrow down results returned.
Once the search has been entered, a list of returned results will appear providing an overview of each file that matches the search criteria, and information such as: court location, first and last name, date and time of the next/most recent court appearance, the result of the last appearance, and the reason for the next.
- NOTE: The eSearch function has an option for an ‘Exactly’ or ‘Partial’ match. If the client’s file is not appearing, try switching from an exact match search to a partial match search.
Select a file by pressing ‘View’. The page for that court file will be headed by the court file number and will provide tabs for documents, participants, charges, appearances, sentences/dispositions, and releases.
For LSLAP Students, the charges, participants, and appearances tabs will be especially helpful. The participants tab lists the birth year of the accused person which can be helpful in confirming that this is, in fact, the client, not merely someone with the same name. The charges tab lists all the charges with which the client has been charged under this particular court file, as well as the date and location of the alleged. The Criminal Code provision or other legislation under which the client has been charged will be listed.
The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ‘Result' an expanded meaning of the three letters will appear. For a guide to some of the most common codes used, see below.
For a more extensive list of the codes used on CSO see this article published by the British Columbia Provincial Court: https://www.provincialcourt.bc.ca/enews/enews-06-01-2021
| Code | Description | Explanation |
|---|---|---|
| AHR | Arraignment | Used when the anticipated event is an arraignment before an adjudicator. |
| APP | Application | Used when an Application is scheduled before the Court. |
| APW | Application for Warrant | Used as the next appearance reason when an application for a warrant is made after the non appearance of the accused is noted. |
| AVB | Application to Vary Bail | Used as the "Appearance Reason" for the scheduled appearance when an Application is made by defence/accused to vary bail. |
| CLC | To Consult Counsel | Used when the matter has been adjourned to another date to give the accused an opportunity to consult with counsel. |
| CTD | Confirm Trial Date | Used when the accused is adjourned/scheduled to attend to confirm trial date. |
| DSP | For Disposition | Used when there is an indication that the matter is for disposition. |
| FA | First Appearance | Used when the accused is not in custody and the accused will be appearing for the first time on a specific matter. |
| FT | For Trial | Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice. |
| FXD | To Fix a Date | Used when a matter is adjourned for the purpose of setting a trial or hearing date. |
| JIR | Judicial Interim Release | Used to indicate an appearance by an accused who is in custody on the matter before the court and is used until bail has been granted or denied or the accused has chosen to remain in custody by consent. |
| PAR | For Particulars | Used when a case has been adjourned for the purpose of defence receiving particulars of the case from the Crown. |
| PTC | Pre Trial Conference | Used when the Court requires the parties to attend a conference to discuss issues prior to commencement of hearing/trial. |
| Code | Description | Explanation |
|---|---|---|
| END | Concluded | Indicates that the issue has been concluded. |
| IBC | Initiated by Consent-adjournment | Used as the appearance result when an adjournment to a future court date is consented to by all parties. |
| IBD | Initiated by Defence-adjournment | Used as the appearance result when an adjournment to a future court date is initiated/requested by the accused or their counsel. |
| IBJ | Initiated by Judge/Justice - adjournment | Used as the appearance result when an adjournment to a future court date is initiated by an adjudicator, for example: adjourned to give judgment/sentence/disposition /continuation. |
| SBD | Scheduled (Defence/Accused) | Used when an accused is scheduled by a Judicial Case Manager to another appearance as requested by the defence/accused. |
| SBS | Scheduled by a Trial Scheduler | Used when the accused is scheduled back to another appearance before a Judicial Case Manager. |
| SL | Struck from List | Used for cases that are struck from list when new process is issued. |
| WI | Bench Warrant Issued | Used when a warrant for the accused is issued by an adjudicator, usually after the accused does not appear for a scheduled hearing. |
| Code | Description | Explanation |
|---|---|---|
| ACQ | Acquitted | Used when the accused is found not guilty and the charge against them is dismissed. |
| DND | Deemed Not Disputed | Used when an accused does not appear at their scheduled hearing date therefore is convicted. |
| DSM | Dismissed | Used when an adjudicator makes a finding to dismiss the charge. |
| G | Guilty | Used when the adjudicator makes a determination of guilt after a plea has been entered, and may be made with or without a trial/hearing. |
| GLI | Guilty of lesser included or other | Used when the accused pleads not guilty to the offence they were charged with and the adjudicator finds them guilty of a lesser/included or other offence arising out of the same incident. |
| SOP | Stay of proceedings directed by Crown | Used when a stay of proceedings is directed by Crown i.e. the Crown has decided to no longer pursue the charge. |
2. Daily Court Lists
The daily court lists are also available on CSO. These lists, which are posted at 6 AM daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. The client’s file matter number and other information about the file, such as bail status and if the accused is in custody, is also available on the daily court list. There are no archives of daily court lists.
Small claims court, the Supreme court, Appeal court, Justice Interim Release list, and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files only display the file number.
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