LSLAP Policies on Criminal Law (1:X)

A. Who LSLAP can help

LSLAP can help with many criminal matters, but there are restrictions. We can assist the following people:

1. people who do not have a serious criminal record,
2. when the Crown is not seeking jail time,
3. people who are charged with an adult summary conviction offence or hybrid offence where the Crown is proceeding summarily,
4. people who are classified as low-income, determined on a case-by-case basis,
5. the case is being tried in Provincial Court (not Supreme Court of Federal Court), and
6. people whose trial dates are 3 months away or longer.

It is important to note that all cases are contingent on the approval of LSLAP’s supervising lawyer. For trials, LSLAP is only able to help if the student is able to secure a volunteer supervising lawyer for the trial.

B. What we can do for our clients

1. If the client meets LSLAP requirements

LSLAP clinicians may provide assistance to clients including:

• helping the accused obtain particulars and set trial dates,
• representing an accused at trial for some summary offences with supervision, and/or speaking to sentence for such offences,
• contacting and negotiating with the Crown, in some cases, to agree in advance to a disposition favourable to the client, and
• applying for a diversion or peace bond for the client.

2. If the client does not meet LSLAP requirements

LSLAP clinicians may assist the client solely by providing the client with a referral. No advice should be given. If the client wishes to review a decision denying Legal Aid, LSLAP may be able to assist with this review (see number 4(c), below).

3. What to do if LSLAP cannot represent a client

Clients should be encouraged to find counsel as quickly as possible. If an accused must appear in court and has not yet found counsel, he or she should ask for an adjournment. It is common for the court to allow an adjournment for several weeks to permit the accused to obtain counsel after the first appearance.

4. Legal Aid

The Legal Services Society of B.C. (LSS) is the major source of criminal legal aid in British Columbia. Legal Aid’s purpose is to provide free representation for financially eligible clients (low-income), 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 client in finding a lawyer if needed.

A wide range of booklets and pamphlets covering various legal problems and legal rights are also available from LSS offices. This material is free.

The client should be advised to contact Legal Aid directly at (604) 408-2172. See Chapter 22: 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 Do I qualify for legal representation?. 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

You may be able to get a legal aid lawyer to represent you in your criminal case if, after you were convicted (or plead guilty) you would:

• be sentenced to a period of jail (including a conditional sentence),
• 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 legal aid 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.

c) Reviewing a decision

A client who has been rejected can have their 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 after 30 days from the date of the intake legal assistant’s decision. LSLAP students may help by writing a letter to review the decision.

5. Vancouver Lawyer Referral Service

The client 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.

6. 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:

• giving advice about the charges and court procedures,
• conducting a bail hearing,
• entering a guilty plea and providing background information about the accused for the purposes of sentencing, and
• talking to the accused about possible ways of resolving the file such as through diversion.