Your Right to Counsel When Arrested or Detained in British Columbia

The Right to Counsel: Your First Line of Defence

People in British Columbia who are arrested or detained by the police have the right to retain and instruct counsel without delay and to be informed of that right also without delay. In plain language, if you are arrested or detained, you have the right to speak to a lawyer and get legal advice.

The police must inform you of that right immediately after you have been arrested or detained. You must then be given the opportunity to contact counsel immediately, after having been searched, subject to reasonable considerations, such as the lack of cell phone service.

You Are Not Limited to One Phone Call

A person who has been detained or arrested is not necessarily limited to one phone call, as long as the person acts reasonably and diligently. You are entitled to as many phone calls as necessary to receive meaningful legal advice.

If you do not know your lawyer's phone number, you may ask to phone a third party to obtain it. If you are not satisfied with the legal advice you have received, you are entitled to phone another lawyer.

Police Must Wait While You Contact Counsel

If you express a desire to speak to counsel, the police must hold off on questioning you or asking you to provide tests that might incriminate you, as long as you are reasonably diligent in trying to contact counsel.

At the Roadside or at the Detachment?

If you are arrested "in the field," the police will often give you the option of speaking to counsel right away, without privacy, or to speak to counsel later, at the detachment. We suggest always choosing the second option.

Police Interviews: Know Your Rights

Once you are in custody, the police may seek to interview you. In Canada, there is no right to have counsel present for such interviews. However, there is a right not to speak to the police. If you do not want to speak to the police without your lawyer present, simply refuse.

What About Legal Aid?

If you do not have a lawyer, you can ask to speak with legal aid. However, the police may not funnel you to legal aid. They must give you the opportunity to speak with private counsel of your choice, if that is what you prefer. If you cannot find your lawyer's phone number or want to have options, the police must provide you with a phone book.