In the words of the authors of Canadian Criminal Justice – A Primer, “According to section 10 of the Charter, anyone arrested or detained has the right to be informed promptly of the reason and to be told of the right to retain and instruct counsel (and given the chance to do so) without delay. Although they must be told of the right to counsel, it is their choice whether or not to exercise that right. In other words, they can waive the right to retain counsel.” This means that if the person chooses, he or she would be permitted to contact a lawyer before giving a statement. The person may also choose to not contact a lawyer.
“Although adults have a right to retain counsel, they do not have an absolute right to have that counsel paid for by the state. The right to retain counsel does not include the right to free counsel.” This means that if the person chooses to hire a lawyer, payment of the lawyer is the person’s responsibility, if they have the financial means to do so. If not, they can apply for legal aid if they meet the eligibility criteria.
Who is eligible for legal aid?
Legal aid exists to help people who need a lawyer but who cannot afford to pay for one. Requirements may vary from province to province and in the territories. Each case is considered separately based on your entire financial situation (gross yearly income before deductions, assets and debts), the size of your family and the type of case.
The types of cases covered by legal aid include indictable offenses such as homicide. This means that if you are charged with homicide, are financially eligible according to the guidelines, and meet the particular requirements of the province or territory, you would receive legal aid.
Check your telephone directory for local legal aid listings and information.
Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.