Criminal charges

You can get a lawyer to represent you in your criminal case if you will, if convicted:

  • go to jail (some exceptions apply, see note),
  • face a conditional sentence that would severely limit your liberty,
  • lose your way of earning a living, or
  • face an immigration proceeding that could lead to your deportation from Canada.

Note: LSS no longer covers the least serious offences, even if you face other outstanding charges or there is a risk of jail. These offences include breach of probation, breach of bail, motor vehicle offences, and failure to appear in court.

You can also get a 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.

Note: If you self-identify as Aboriginal, you have Gladue rights under the Criminal Code. Gladue refers to the special consideration that judges must give an Aboriginal person when sentencing or setting bail. In addition to your Gladue rights, you may be able to have your bail or sentencing hearing in the First Nations Court of BC in New Westminster. For more information, see the fact sheet Are you Aboriginal? Do you have a bail hearing? Are you being sentenced for a crime? Do you know about First Nations Court?

Note: If you are a young person charged with a federal offence, you are entitled to legal representation. However a youth in the care of the Ministry of Children and Family Development must speak to their social worker to arrange for a lawyer.