Duty Counsel

Duty counsel services include a variety of free advice services (and some limited representation) provided by the Legal Services Society for otherwise unrepresented clients facing immediate legal challenges. Duty counsel services include:

Brydges Line

If you have been arrested or detained or you are under active investigation for a criminal offence for which you have not yet been charged, you can access emergency legal telephone advice from a lawyer by phoning the Legal Services Society “Brydges Line” at 1-866-458-5500, regardless of your financial status. You can also call if you have been detained by Canada Immigration at a border crossing.

Brydges Line lawyers provide one-time advice at the time of your emergency. This service is available 24 hours a day, 7 days a week. You will have to make other arrangements for ongoing legal services.

Criminal Duty Counsel (Provincial Court)

Duty counsel lawyers attend almost all criminal remand proceedings in provincial courtrooms throughout the province. They provide unrepresented clients (in or out of custody) with assistance and advice about the charges against them, court procedures and legal rights regardless of the client’s financial status. They also provide representation at bail hearings and, as time permits, representation on guilty pleas.

The priority for criminal duty counsel is to assist people who will appear in court that day. You will have to make other arrangements for ongoing legal services. 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.

For local information about criminal duty counsel, check the white pages of your phone book under “Legal Aid” or call Enquiry BC at 1-800-663-7867 for the number of your nearest legal aid office or LSS Regional Centre.

Family Duty Counsel (Provincial Court)

Duty counsel lawyers attend many Family Court proceedings at most provincial courtrooms throughout the province. If you do not qualify for a legal aid lawyer, you may qualify for help from family duty counsel. They provide unrepresented clients with assistance and advice about family law or child protection issues. They can also provide courtroom representation on simple matters. Family duty counsel services in Provincial (Family) Court are available on most first appearance dates, on a drop-in basis. (Duty counsel may be able to help even if you are not financially eligible but priority is always given to qualified clients who have to appear in court that day.) Bring any paperwork relating to your case. Note that you will have to make other arrangements for ongoing legal services.

Family Duty Counsel (Supreme Court)

Duty counsel lawyers are available at the busiest Supreme Courts across BC. If you do not qualify for a legal aid lawyer, you may qualify for help from family duty counsel. They provide legal advice about custody, access, guardianship, child support, court procedures, tentative settlement agreements, and limited advice on property division. Duty counsel can also provide representation on simple or unopposed family-related legal proceedings in Supreme Court. Family duty counsel services in Supreme Court are available on most first appearance dates, on a drop-in basis. (Duty counsel may be able to help even if you are not financially eligible but priority is always given to qualified clients who have to appear in court that day.) Bring any paperwork relating to your case. You should try to speak with Supreme Court duty counsel before going to court. Note that you will have to make other arrangements for ongoing legal services.

You can call ahead to find out on what days of the week or month family duty counsel is present at the courthouse. It may also be possible to meet with duty counsel before your court date. To contact your local court registry for the family duty counsel schedule, see the list of phone numbers on the LSS website (http://www.lss.bc.ca/). Click on “Legal Aid-Legal Advice”, then “family law matters”, then “How to find Provincial (or Supreme) Court family duty counsel”. You can also call your local legal aid office or LSS Regional Centre to find out family duty counsel schedules.

Family Advice Lawyers

Family advice lawyers are duty counsel who are available in Kelowna, Nanaimo, Port Alberni and Vancouver. You must be referred by a family justice counsellor or a child support officer (except in Port Alberni which offers drop-in service for financially eligible clients at the courthouse).

For more information about family advice lawyers in Kelowna, Nanaimo, or Vancouver, contact Enquiry BC at 1-800-663-7867 and ask to be connected to a family justice counsellor’s office. In Port Alberni, contact the local court registry for more information.

Phone and Website

For criminal duty counsel, check the white pages of your phone book under “Legal Aid” or call Enquiry BC at 1-800-663-7867 for the number of your nearest legal aid office or LSS Regional Centre.

For more information about family advice lawyers in Kelowna, Nanaimo, or Vancouver, contact Enquiry BC at 1-800-663-7867 and ask to be connected to a family justice counsellor’s office. In Port Alberni, contact the local court registry for more information.

(1) A lawyer, or (2) the advice given by a lawyer to their client.

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

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 family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

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

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has 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."

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.

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."

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

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

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.