Right to Counsel in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Section 10(b) gives you the right to retain and instruct counsel on arrest or detention — and to be told about that right. R. v. Suberu (2009) settled the timing: "without delay" means immediately, not after the questioning.
Police have to tell you about duty counsel (free, 24 hours, anywhere in Canada) and Legal Aid. They must give you a phone and real privacy for the call. The moment you ask for a lawyer, questioning has to stop until you've had a reasonable chance to speak with one.
When does it apply?
The right belongs to everyone in Canada on arrest or detention.
- Triggered during any investigative detention, not only formal arrest.
- Detention includes psychological restraint — you don't need to be in cuffs (R. v. Therens).
What to Do If Police in Canada Are Denying You Access to a Lawyer
- Say it: "I want to speak to a lawyer."
- Ask for duty counsel. It is free and available 24/7.
- Ask for privacy for the call. You're entitled to it.
- Stop answering questions until you've actually spoken to a lawyer.
What should you NOT do?
- Don't casually waive. "I'm good" or "I don't need one" will be played back at trial.
- Don't assume you can't afford a lawyer. Duty counsel is free for absolutely everyone.
- Don't answer "just a few quick questions" first. There are no quick questions — speak to counsel before you say anything.
How British Columbia differs from federal law
Under section 10(b) of the Charter, anyone arrested or detained in BC has the right to be told why and the right to speak with a lawyer without delay. BC has a strong legal aid system that supports this right.
- Legal Aid BC operates a 24/7 Brydges duty counsel line specifically for people who have just been arrested or detained. Police are required to tell you about this service and give you a reasonable opportunity to call.
- Police must hold off questioning until you have had a reasonable opportunity to contact a lawyer, unless you clearly waive the right. BC courts have excluded statements where police continued questioning before the person spoke with counsel.
- If you cannot afford a lawyer, Legal Aid BC may provide representation for serious criminal charges. For less serious matters, duty counsel are available at most BC Provincial Court locations.
- The right to counsel applies to both municipal police encounters and RCMP encounters in BC — the Charter binds all police forces equally.
Additional Steps in British Columbia
Upon arrest, clearly state: "I want to speak with a lawyer." Police must provide you access to a phone and the Brydges duty counsel number. If you are denied access to counsel, tell your lawyer at the earliest opportunity — your rights may have been violated and any evidence obtained may be excludable. Contact Legal Aid BC at 1-866-577-2525 for ongoing representation.
Relevant Law: Canadian Charter of Rights and Freedoms, s. 10(b); Legal Services Society Act, SBC 2002, c. 30 (Legal Aid BC's enabling statute)
Common Questions
When does right to counsel apply?
The right belongs to everyone in Canada on arrest or detention.Triggered during any investigative detention, not only formal arrest.Detention includes psychological restraint — you don't need to be in cuffs (R. v. Therens).
What should I do if I'm detained in Canada and police won't let me call a lawyer?
Say it: "I want to speak to a lawyer."Ask for duty counsel. It is free and available 24/7.Ask for privacy for the call. You're entitled to it.Stop answering questions until you've actually spoken to a lawyer.
What mistakes should I avoid with right to counsel?
Don't casually waive. "I'm good" or "I don't need one" will be played back at trial.Don't assume you can't afford a lawyer. Duty counsel is free for absolutely everyone.Don't answer "just a few quick questions" first. There are no quick questions — speak to counsel before you say anything.
Right to Counsel in other states
Same topic, different jurisdiction. Pick the one that applies to you.