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Difference between revisions of "Governing Legislation and Resources for Criminal Law (1:II)"
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Governing Legislation and Resources for Criminal Law (1:II) (view source)
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{{LSLAP Manual TOC|expanded = criminal}} | {{LSLAP Manual TOC|expanded = criminal}} | ||
'''Resources''' | |||
* David Watt & Michelle Fuerst, eds, ''Tremeear’s Criminal Code'', 2015 ed (Toronto: Carswell, 2015). | * David Watt & Michelle Fuerst, eds, ''Tremeear’s Criminal Code'', 2015 ed (Toronto: Carswell, 2015). | ||
* Edward L Greenspan, QC& Marc Rosenberg, eds, ''Martin’s Annual Criminal Code'', 2014 ed (Aurora: Canada Law Book Inc, 2014). | * Edward L Greenspan, QC& Marc Rosenberg, eds, ''Martin’s Annual Criminal Code'', 2014 ed (Aurora: Canada Law Book Inc, 2014). | ||
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* Christopher Bentley, ''Criminal Practice Manual: a Practical Guide to Handling Criminal Cases'' (Scarborough, Ont: Carswell, 2000). | * Christopher Bentley, ''Criminal Practice Manual: a Practical Guide to Handling Criminal Cases'' (Scarborough, Ont: Carswell, 2000). | ||
'''Relevant statutes''' | |||
* ''Criminal Code'', RSC, 1985, c C-46. | * ''Criminal Code'', RSC, 1985, c C-46. | ||
* ''Controlled Drugs and Substances Act'', SC 1996, c 19 (if drug offence). | * ''Controlled Drugs and Substances Act'', SC 1996, c 19 (if drug offence). | ||
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* ''DNA Identification Act'', SC 1998, c 37. | * ''DNA Identification Act'', SC 1998, c 37. | ||
== | == 1. Legal Aid == | ||
The Legal Services Society of B.C. (LSS) is the only source of criminal legal aid in British Columbia. Legal Aid’s purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. The Society will provide a retainer to a lawyer chosen by the eligible client in private practice who will provide legal assistance on a contract basis. The Society will also assist the eligible applicant in finding a lawyer if needed. | The Legal Services Society of B.C. (LSS) is the only source of criminal legal aid in British Columbia. Legal Aid’s purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. The Society will provide a retainer to a lawyer chosen by the eligible client in private practice who will provide legal assistance on a contract basis. The Society will also assist the eligible applicant in finding a lawyer if needed. | ||
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The client should be advised to contact Legal Aid directly at (604) 408-2172. See Chapter 23: Referrals, or the blue pages of the phone book, for more information. | The client should be advised to contact Legal Aid directly at (604) 408-2172. See Chapter 23: Referrals, or the blue pages of the phone book, for more information. | ||
=== a) Financial Eligibility === | |||
The Legal Services Society will grant a letter of referral to applicants who meet the Society’s financial eligibility requirements. These can be found at www.lss.bc.ca/legal_aid/doIQualifyRepresentation.php. | The Legal Services Society will grant a letter of referral to applicants who meet the Society’s financial eligibility requirements. These can be found at www.lss.bc.ca/legal_aid/doIQualifyRepresentation.php. | ||
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There is some flexibility in the requirements, subject to the discretion of the person assessing the application. Clients will be required to fill out a means test indicating income, expenses, education, and employment history. | There is some flexibility in the requirements, subject to the discretion of the person assessing the application. Clients will be required to fill out a means test indicating income, expenses, education, and employment history. | ||
=== b) Eligible Offences and Conditions === | |||
Legal aid lawyers may be able to represent an accused person in his or her criminal case if, after conviction (or a plead guilty) the accused would: | Legal aid lawyers may be able to represent an accused person in his or her criminal case if, after conviction (or a plead guilty) the accused would: | ||
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* be sentenced to a period of jail (including a conditional sentence), | * be sentenced to a period of jail (including a conditional sentence), | ||
* lose his or her way of earning an income | * lose his or her way of earning an income | ||
* face an immigration proceeding that could lead to deportation from | * face an immigration proceeding that could lead to deportation from Canada. | ||
Legal aid lawyer may also represent an accused person, if he or she: | Legal aid lawyer may also represent an accused person, if he or she: | ||
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* are indigenous and the case affects his or her ability to follow a traditional livelihood of hunting and fishing. | * are indigenous and the case affects his or her ability to follow a traditional livelihood of hunting and fishing. | ||
=== c) Reviewing a Decision === | |||
An accused who has been rejected can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision. | An accused who has been rejected can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision. | ||
== 2. Vancouver Lawyer Referral Service == | |||
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. The fee is $25 plus tax for the first half-hour session, and the client will have to negotiate the fee for subsequent sessions at his or her first meeting with the lawyer. See Chapter 23: Referrals for more information. | 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. The fee is $25 plus tax for the first half-hour session, and the client will have to negotiate the fee for subsequent sessions at his or her first meeting with the lawyer. See Chapter 23: Referrals for more information. | ||
== 3. 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 are there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused by: | 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 are there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused by: | ||