Common questions

Criminal charges

I’m a youth in BC who’s been arrested. What are my rights?

If you’re a youth (under 18 years old) and you’re arrested, you have the same…

If you’re a youth (under 18 years old) and you’re arrested, you have the same rights as an adult in BC. This includes the right to speak to a lawyer without delay after you’re arrested. 

The police must:

  • inform you of your right to speak to a lawyer, and 
  • allow you to speak to a lawyer at the first reasonable opportunity after your arrest. 

How soon you can speak to a lawyer will depend on the circumstances of your arrest, including where you are when you’re arrested.

You also have rights under the Youth Criminal Justice Act (YCJA) that apply before the police can question you or get a statement from you as part of their investigation. You have the right to:

  • speak to a parent, guardian, adult relative, or other appropriate adult that you choose before being questioned by or providing a statement to the police
  • be given a reasonable opportunity for the lawyer and the adult you’ve contacted to be with you when you’re being questioned or making a statement 
  • be told in age-appropriate language that you have the right to speak to a lawyer and a parent or other adult before being questioned by or making a statement to the police
  • be given a reasonable opportunity to contact a lawyer and the adult you’ve chosen to speak to if they can’t be reached immediately, and 
  • be told in age-appropriate language that any lawyer, and any parent or other adult you’ve spoken to after your arrest, must be with you when you’re being questioned or making a statement, unless you don’t want them to be with you 

Speaking to a lawyer

If you have a lawyer or you know the name of a lawyer you want to speak to, you can ask to contact them. Or you can ask the police for a list of lawyers, or you can ask to speak to a free lawyer from Legal Aid BC.

A lawyer will be able to give you legal advice about your situation. They can:

  • give you more information about your rights,
  • help you understand your rights and how to use them, and 
  • explain your next steps.

Anything you say privately to the lawyer is confidential and can’t be used as evidence against you in court.

Speaking to the police

The police must:

  • inform you of your rights, and 
  • make sure those rights are fulfilled, 

before they can question you or try to get a statement from you, even after you’ve spoken to a lawyer. The police must tell you the reason for your arrest, and they’ll most likely ask you if you understand what you’re being arrested for. This isn’t the same as them asking if you committed the crime you’re being arrested for, or if you know the reason they’re arresting you for that crime.

You don’t have to:

  • tell the police whether you agree or disagree with the reason for your arrest or whether you know why you’re being arrested,
  • say anything about the crime being investigated, or
  • answer any questions the police ask you as part of their investigation.

Anything you say to the police without being asked or encouraged, before they’ve had a chance to explain and act on your rights, can be used against you. Anything you decide to tell the police, after they’ve explained and acted on your rights, can be used against you. It’s a good idea to have a lawyer and a parent or other adult with you to help make sure your rights are protected. 

Being questioned by the police
The police can’t question you if:

  • you’ve asked to speak to a lawyer or a parent or other adult, but you haven’t had a chance to speak to them yet, or
  • you’ve contacted a lawyer or a parent or other adult to ask for them to be present with you, but they aren’t with you yet.

The police may try to get a statement from you by asking you questions or by attempting to get you to talk about the crime they believe you committed. They may also want to ask you questions about other topics that will help them investigate you for that crime. You don’t have to say anything to the police at any time. 

Making a statement to the police
A statement includes anything you say to the police. A statement isn’t limited to:

  • a formal statement that’s recorded or written down,
  • a confession or admission of guilt, or
  • comments directly about the suspected crime.

Depending on the investigation, what you say to the police and the information you give them may be used as evidence against you in court or to help their investigation of you. 

What’s a no contact order?

If you were involved in abusive behaviour or there was a violent incident: a…

If you were involved in abusive behaviour or there was a violent incident:

  • a criminal court can make a no contact order against you, or
  • a family court can put no contact conditions in a family law protection order against you. 

These court orders make it illegal for you to contact the other person either directly or indirectly, meaning, for example:

  • no phone calls 
  • no written messages (such as texts, emails, direct or indirect messages or comments on social media)
  • no messages sent through other people
  • no visits to their home, where they work, place of worship, school, or anywhere else they might be
  • no physical gestures if you run into them (for example, on the street)

If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could be fined or go to jail. This is true even if the other person contacted you first or agreed to it.

Types of no contact orders

There are five types of court orders commonly called no contact orders.…

There are five types of court orders commonly called no contact orders.

Condition of release from custody before trial (bail): If you’ve been charged with assaulting, threatening, or causing violence or fear to the other person, you may be ordered not to contact them until your trial is complete. The police, a judge, or justice of the peace can make this order.

  • A condition of release applies until your trial is over. If you’re found guilty, it applies until you’ve been sentenced and after (if it becomes a condition of your probation).

Condition of probation: If you plead guilty or are found guilty, the judge may sentence you to probation instead of jail. Or the judge may order probation after you get out of jail. The judge will order that you follow certain conditions during probation. One of the conditions could be a no contact order.

  • A condition of probation order can last for up to three years.

Conditional sentence: If you’re convicted of a crime and given a conditional sentence, this means you won’t go to jail. Instead, you’ll serve your sentence in the community and have to obey certain conditions. Those conditions might include a no contact order.

  • A conditional sentence can last for up to two years minus one day.

Peace bond: The police can ask for a peace bond to keep you from contacting someone who reasonably fears for their safety. There’ll be a hearing in criminal court and the judge will decide whether to order a peace bond and what the conditions will be. The peace bond usually includes the condition that you not have any contact with the other person (and if it’s your partner, any of your or your partner’s children). While you’re waiting for the peace bond hearing, you’ll have the no contact condition as a part of your bail.

The peace bond doesn’t give you a criminal conviction. But you can be charged with a criminal offence and get a criminal conviction on your record if you don’t obey the conditions.

  • A peace bond can last for up to one year.

Family law protection order: Your partner (or another family member) can apply to family court to have no contact conditions put in a family law protection order. They can apply without letting you know. The order can be made even if you aren’t at the court hearing. You’ll get a copy of it.

The judge can order that you have no contact with the person named (and if it’s your partner, any of your or your partner’s children). You’ll have to stay away from certain places where they might be. A family law protection order may also include orders about not having weapons or other things. You can go to court to ask to have the order set aside (cancelled) if you think it isn’t reasonable.

The family law protection order doesn’t give you a criminal record. But you can be charged with a criminal offence and get a criminal record if you don’t obey the conditions. The police are allowed to enforce the order and use reasonable force if necessary.

  • A family law protection order lasts until the date noted on the order. If there’s no end date on the order, it will last for one year.

If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could be fined or go to jail. This is true even if the other person contacted you first or agreed to it.

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Separation and divorce

I want a divorce, but I don’t know how to contact my ex-partner. What can I do?

If you don’t know where the other person is, you can apply to the court for an…

If you don’t know where the other person is, you can apply to the court for an order permitting you to let the other person know about the divorce by alternative (substitutional) service. For example, you can ask that the court consider the documents as served if you:

  • send them to the other person by email, text, or direct message through a private social media platform, like Facebook Messenger,
  • give the Notice of Family Claim to someone the other person knows well, or
  • post a classified ad in a local newspaper.

See Arrange for alternative (substitutional) service on the Family Law in BC website to learn more about this.
 

How do I become a child’s guardian?

The BC Family Law Act defines guardians as the people responsible for: caring…

The BC Family Law Act defines guardians as the people responsible for:
caring for and bringing up a child, and making decisions about that child.

When parents live together, they’re both guardians of their children, even if they’re not married. This means they share responsibility for their children’s care and upbringing. If the children’s parents stop living together, both of them are still the children’s guardians. 

Anyone who isn’t a child’s guardian can apply to the court to become one, including a parent who isn’t a guardian or anyone else who is a relative (such as a grandparent) or not a relative.

To apply for guardianship, you need to file:

  • an application to get a family order in either Provincial or Supreme Court, and
  • a special guardianship affidavit.

See the Family Law in BC website (FLWS) page How can you become a child’s guardian, and the resource How to Become a Child’s Guardian for links to the step-by-step guides on the FLWS website that you can use to help you with the application process. Lawyer JP Boyd also has helpful information about becoming a guardian in his Clicklaw Wikibook, JP Boyd on Family Law.

These resources also contain information about the Extended Family Program, which may be a better option for people who want to temporarily look after relatives’ or friends’ child because the Ministry of Children and Family Development is involved with the family.

I have a support order in place. What if I can’t pay child support?

If you have an order or agreement to pay child or spousal support, you’re…

If you have an order or agreement to pay child or spousal support, you’re expected to pay the support amount until it’s changed or cancelled. This is because every child in BC has a right to child support under the Federal Child Support Guidelines. A parent can’t refuse to pay child support simply because they don’t like the other parent, don’t approve of how the other parent will use the money, or aren’t receiving parenting time or contact. 

Out of court options

If you are unable to pay the full amount of support (say because of changes to your employment or financial situation), pay whatever you can and see if you can negotiate a change to the amount with the other person’s agreement. Even if the change to your financial situation is temporary, it’s important that you don’t fall behind in your payments. 

If you want help with talking to, or negotiating with, the other person to make changes to your order or agreement without going to court, reach out to a family justice counsellor, mediator, lawyer, or someone at a Justice Access Centre. They can help you work out what’s fair. 

Note that there’s also the Child Support Recalculation Service, a free program that reviews Provincial (Family) Court child support orders and filed written agreements. It recalculates (works out again) the amount of child support a paying parent (the parent who pays support) has to pay every year based on updated income information received or requested from them. The amount of support can be increased or reduced. The program is available in limited circumstances.

Make a court application

If the other person doesn’t agree to changing your support payment amount, you can make a court application and ask the court to change or set aside (replace all or part of) your order or filed agreement. The courts can choose to change the amount you pay if the existing arrangement is unfair or is causing you financial hardship. 

To change a child or spousal support filed agreement or order, make an application through your local Provincial or Supreme Court registry. You can use the Family Law in BC’s step-by-step guide for changing an order or agreement for help.

It’s a good idea to get legal help before you try change an order or agreement. See the Family Law in BC web page If you’re struggling to pay support for more information. Also helpful is lawyer JP Boyd’s Changing family law order, awards, and agreements involving child support page in his Clicklaw wikibook, JP Boyd on Family Law.

Paying (or not paying) child support doesn’t affect a person’s parenting time or contact with their children. If the parent falls behind or stops paying support, the other parent can’t stop them from seeing the children because of that.

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Intimate partner violence

What’s a no contact order?

If you were involved in abusive behaviour or there was a violent incident: a…

If you were involved in abusive behaviour or there was a violent incident:

  • a criminal court can make a no contact order against you, or
  • a family court can put no contact conditions in a family law protection order against you. 

These court orders make it illegal for you to contact the other person either directly or indirectly, meaning, for example:

  • no phone calls 
  • no written messages (such as texts, emails, direct or indirect messages or comments on social media)
  • no messages sent through other people
  • no visits to their home, where they work, place of worship, school, or anywhere else they might be
  • no physical gestures if you run into them (for example, on the street)

If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could be fined or go to jail. This is true even if the other person contacted you first or agreed to it.

Types of no contact orders

There are five types of court orders commonly called no contact orders.…

There are five types of court orders commonly called no contact orders.

Condition of release from custody before trial (bail): If you’ve been charged with assaulting, threatening, or causing violence or fear to the other person, you may be ordered not to contact them until your trial is complete. The police, a judge, or justice of the peace can make this order.

  • A condition of release applies until your trial is over. If you’re found guilty, it applies until you’ve been sentenced and after (if it becomes a condition of your probation).

Condition of probation: If you plead guilty or are found guilty, the judge may sentence you to probation instead of jail. Or the judge may order probation after you get out of jail. The judge will order that you follow certain conditions during probation. One of the conditions could be a no contact order.

  • A condition of probation order can last for up to three years.

Conditional sentence: If you’re convicted of a crime and given a conditional sentence, this means you won’t go to jail. Instead, you’ll serve your sentence in the community and have to obey certain conditions. Those conditions might include a no contact order.

  • A conditional sentence can last for up to two years minus one day.

Peace bond: The police can ask for a peace bond to keep you from contacting someone who reasonably fears for their safety. There’ll be a hearing in criminal court and the judge will decide whether to order a peace bond and what the conditions will be. The peace bond usually includes the condition that you not have any contact with the other person (and if it’s your partner, any of your or your partner’s children). While you’re waiting for the peace bond hearing, you’ll have the no contact condition as a part of your bail.

The peace bond doesn’t give you a criminal conviction. But you can be charged with a criminal offence and get a criminal conviction on your record if you don’t obey the conditions.

  • A peace bond can last for up to one year.

Family law protection order: Your partner (or another family member) can apply to family court to have no contact conditions put in a family law protection order. They can apply without letting you know. The order can be made even if you aren’t at the court hearing. You’ll get a copy of it.

The judge can order that you have no contact with the person named (and if it’s your partner, any of your or your partner’s children). You’ll have to stay away from certain places where they might be. A family law protection order may also include orders about not having weapons or other things. You can go to court to ask to have the order set aside (cancelled) if you think it isn’t reasonable.

The family law protection order doesn’t give you a criminal record. But you can be charged with a criminal offence and get a criminal record if you don’t obey the conditions. The police are allowed to enforce the order and use reasonable force if necessary.

  • A family law protection order lasts until the date noted on the order. If there’s no end date on the order, it will last for one year.

If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could be fined or go to jail. This is true even if the other person contacted you first or agreed to it.

If the other person phones and wants to see me, is it okay to meet?

No. If you have any kind of no contact order, you can be charged with a…

No. If you have any kind of no contact order, you can be charged with a criminal offence if you try to make contact. This is true even if both of you want to meet. You must apply to a judge in either criminal court or family court to change the order before you can contact the other person.

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Refugees and newcomers

How can I apply for refugee status in Canada? 

Canada offers refugee protection to some people in Canada who fear persecution…

Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to go back to their home country or the country where they normally live. Some dangers people may face include:

  • torture
  • risk to their life
  • risk of cruel and unusual treatment or punishment

You can apply in person at the port of entry when you arrive in Canada or online when you’re already in Canada. For information about the application process, see the Government of Canada website.

To make a refugee claim, you must be in Canada and can’t be subject to a removal order (or otherwise be ineligible to make a refugee claim, for example under the Safe Third Country Agreement).

If your claim is eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB) for a decision on your refugee matter. See the IRB website for more information.

What resources are available to help Afghan refugees? 

The Legal Aid in BC (LABC) website lists immigration-related Q&As…

The Legal Aid in BC (LABC) website lists immigration-related Q&As that we’ll continue to update. People with family in Afghanistan can email their questions to info@legalaid.bc.ca and we’ll add the Q&A to the website. We’ll also send out Facebook posts or tweets on X (formerly Twitter) with updated information. (See also our comprehensive refugee resources list.)

We have multilingual resources to help refugee claimants.

Legal Aid Can Help You

Explains what legal aid is, how to apply, and how it can help you

View resource →

The Canadian Council for Refugees has a one-pager on the most recent information about programs on resettlement, family reunification, and the situation of refugee claims.

See also the BC CHARMS Refugee Claimant Navigation website to connect with a settlement worker, and to find other resources and services to help you.

You can contact Immigration, Refugees, and Citizenship Canada (IRCC)

  • Canadians and permanent residents in need of consular assistance in Afghanistan: 1-613-996-8885 or sos@international.gc.ca
  • Immigration program for Afghans who assisted the Government of Canada: 1-613-321-4243 or Canada-Afghanistan@international.gc.ca
  • Reuniting Afghan nationals with their families in Canada or Humanitarian program to resettle Afghans outside of Afghanistan: 1-613-321-4243 or IRCC.SituationAfghanistan.IRCC@cic.gc.ca

What services does LABC provide for refugees? 

LABC’s immigration coverage is for people entering Canada, or people who have…

LABC’s immigration coverage is for people entering Canada, or people who have already entered Canada, who want to make a claim for protection under s. 96 or s. 97 of the Immigration and Refugee Protection Act (IRPA). 

Coverage is based on risk to the person if they return to their country of origin.

We fund applications by people living in BC for the following:

  • Refugee status under s. 96 of IRPA (fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion)
  • Protection under s. 97 of IRPA (fear of torture or risk to life, or risk of cruel and unusual punishment or treatment)
  • Permanent resident status on humanitarian compassionate grounds under s. 25 of IRPA for applicants who face unusual, undeserved hardship in their country of origin
  • Pre-Removal Risk Assessment applications (which allow people who are ineligible to make refugee claims in Canada to still have their risk assessed)

We also fund appeals and judicial reviews of Immigration and Refugee Board of Canada (IRB) decisions.

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