Duty Counsel

From Clicklaw Wikibooks

Duty counsel are lawyers paid by the Legal Services Society (LSS) to help people with lower incomes with their criminal, family, and immigration law problems. You may qualify for help from duty counsel even if you don't qualify for a legal aid lawyer. Duty counsel services include the following.

Advice counsel telephone service[edit]

If you know someone in custody at a police lock-up who is awaiting a bail hearing, he or she can get legal advice over the phone during the evenings and on weekends and holidays. The Advice counsel telephone service is available by calling 1-888-595-5677 (call no charge).

Brydges Line telephone service[edit]

If you are arrested, detained, or under active investigation by the police or another law enforcement agency for a criminal offence, and you are not yet charged, you can call 1-866-458-5500 to speak to a lawyer. Brydges Line telephone service is a province-wide toll-free telephone service available 24 hours a day, 7 days a week.

Criminal duty counsel (Provincial Court)[edit]

If you can't get a legal aid lawyer and you're charged with a crime, you may be able to get help from duty counsel in Provincial Court. Duty counsel are lawyers who provide legal services to accused people both 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 bail hearings and, if there is time, help you 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. Show up early at court so you will have a chance to discuss your case with duty counsel before court. Bring any paperwork relating to your case.

Duty counsel is available at courthouses throughout the province. For duty counsel hours in your area, contact your local Courts of BC registry, which are located in the Blue Pages of your phone book under "Government of British Columbia - Court Services."

First Nations Court duty counsel[edit]

If you self-identify as Aboriginal you may be able to have your bail or sentencing hearing at the First Nations Court in North Vancouver, Duncan, New Westminster or Kamloops. The First Nations Court has duty counsel who can help you apply to the court to have your case transferred there, and can give you legal advice on or before the day of court. He or she can also help you prepare your Gladue report. For more information, call the First Nations Court duty counsel at 1-877-601-6066.

Family advice lawyers[edit]

If you're a parent with a low income experiencing separation or divorce, you may be eligible for up to three hours of free legal advice from a family advice lawyer (family duty counsel who provide advice). Family advice lawyers provide advice about parenting time or contact/access, guardianship/custody, child support, property division (limited advice), tentative settlement agreements, and court procedures.

These lawyers are available at:

These services are available by referral from a family justice counsellor or a child support officer. See the Family Justice Centres description in the Resource List for contact information.

Family duty counsel (Provincial Court)[edit]

Provincial Court duty counsel help lower income people with family law matters, including child protection issues (if the Ministry of Children and Family Development becomes involved with your family). Duty counsel can give you advice and speak on your behalf in court on simple matters. However, they won't take on your whole case and won't represent you at trial. They can also attend family case conferences at some courts.

Duty counsel laywers are available by appointment or on a drop-in basis in Kelowna, Nanaimo, New Westminster, Port Coquitlam, Prince George, Surrey, Vancouver, and Victoria (although appointments are encouraged). At other locations, duty counsel services are on a drop-in basis. Priority is given to people who have matters in court that day. Bring any paperwork relating to your case. See Provincial Court Family Duty Counsel for locations or find your local court registry in the Blue Pages of your phone book under "Government of British Columbia - Court Services."

Family duty counsel (Supreme Court)[edit]

If you are a person with a low income experiencing separation or divorce, you may be eligible for up to three hours of free legal advice from Supreme Court family duty counsel. Duty counsel are lawyers who can provide advice about parenting time or contact/access, guardianship/custody, child support, property (limited advice), tentative settlement agreements, and court procedures.

Duty counsel can also assist you in chambers (a courtroom where applications, but not trials, are heard) if the matter is simple, unopposed, or by consent. They can also attend judicial case conferences at some courts.

You should try to speak with Supreme Court duty counsel before going to court. Bring any paperwork relating to your case.

Duty counsel are available by appointment or on a drop-in basis in Kelowna, Nanaimo, New Westminster, Prince George, Vancouver, and Victoria. At other locations, duty counsel services are available on a drop-in basis. See Supreme Court Family Duty Counsel for locations or find your local court registry in the Blue Pages of your phone book under "Government of British Columbia - Court Services."

Immigration duty counsel[edit]

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 don't have to meet LSS financial eligibility requirements to receive these services. For more information, call the Legal Aid immigration line: 604-601-6076 or 1-888-601-6076.

A lawyer; the advice given by a lawyer to their client.

A lawyer paid by legal aid or the government who provides limited legal services to people on the day that they are in court.

A person licensed to practice law in a particular jurisdiction. See "barrister and solicitor."

In law, to formally deliver documents to a person in a manner that complies with the applicable rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person) or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a court proceeding. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the Divorce Act. See "judge" and "jurisdiction."

In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. Also the historic decisions of the court. See "action," "case law, " "court proceeding," and "precedent."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed; a courthouse.

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent" and "stepparent."

A term under the Family Law Act which describes the time a guardian has with a child and during which is responsible for the day to day care of the child. See "guardian."

A term under the Family Law Act that describes the visitation rights of a person who is not a guardian with a child. Contact may be provided by court order or by the agreement among the child's guardians who have parental responsibility for determining contact. See "guardian" and "parental responsibilities."

Under the Divorce Act, the schedule of a parent's time with their children under an order or agreement. Access usually refers to the schedule of the parent with the least time with the child. See "custody."

In family law, an antiquated term used by the Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. See "access."

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

Something which can be owned. See "chattels" and "real property."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

The testing of the claims at issue in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a determination of the parties' claims against one another that is final and binding on the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed.

Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

Agreement; the giving of permission for a thing to happen or not happen.

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