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. 

The order says I can’t speak to my partner or go near the home. Can I see my children?

When you’re charged with causing fear to, endangering, assaulting, or…

When you’re charged with causing fear to, endangering, assaulting, or threatening your partner in front of your children or in a way that puts your children at risk, the court may also order you to have no contact with your children.

Try to get the court not to make that order or to allow some contact with them such as with a third party. You can ask the court instead to order that you have ​“no contact or parenting time with the children unless ordered by a family court.” This would let you arrange with family court to spend time with your children. You wouldn’t have to change the no contact order. The process to change the no contact order in criminal court can be difficult and take a long time.

Family law protection order

Your partner might go to family court to get a family law protection order. You might already have a parenting order that says whether you have parenting time or contact with your children, and what the conditions are. The protection order overrules the parenting order. Talk to family duty counsel at the courthouse or a family justice counsellor about how to arrange to see your children. You may have to go to family court to find out what your rights are.

The judge may order that with certain conditions you can continue to have parenting time or contact with your children. For example, the judge may say someone has to supervise your visits with your children. Remember, if a protection order is different from the parenting order, the protection order applies.

I was released from jail with a no contact order. The police took me home to pick up my things because I’m not allowed to live there now. I forgot my laptop and work clothes. What can l do?

Don’t contact the other person directly or through another person. You could be…

Don’t contact the other person directly or through another person. You could be charged with breaking the no contact order.

You can ask the court for an order to get your things. Talk to your lawyer, duty counsel at the courthouse, your bail supervisor or probation officer, a Native Courtworker, or a family justice counsellor about how to do that.

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Separation and divorce

How can I get child support?

Child support basics When parents separate (or have a child together outside…

Child support basics

When parents separate (or have a child together outside of a relationship), one parent has to give the other parent money to help support the children. This money is called child support. Every child in BC has a right to be supported by both parents if:

  • they’re under 19, or
  • they’re 19 or over, but can’t take care of themselves because of illness, disability, or another reason, such as going to school full-time

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. Basically, the parent the children live with most of the time is entitled to get child support from the other parent. If the children spend equal (or almost equal) time with both parents, the person with the higher income usually has to pay child support.

Calculating child support

To calculate how much child support you should receive, use the federal Child Support Table Look-up website. The amount is based on the Federal Child Support Guidelines. The federal government has already set the amount of child support to be paid based on the number of children you and the other parent have together and a payor’s gross annual income. 

Make a support agreement without going to court

Many people come to an agreement about child support without having to go to court. They can then file their agreement with the court. If the agreement is filed with the court, it can be enforced. That means it’s treated in the same way as a court order. The agreement can be changed if the situation changes for either person.
If you want to make a support agreement without going to court, a family justice counsellor, child support officer, mediator, lawyer, or someone at a Justice Access Centre can help you work out what’s fair.

Resources to help you

Making an agreement after you separate and Who can help you reach an agreement? both have lots of useful information about making agreements without going to court. 

And Write your own separation agreement can help you write a legally binding separation agreement, which includes a child support section.

If you and the other person can’t come to an agreement, one of you can apply to the court for an order for child support. See Final and interim court orders. (That page has links to the Family Law in BC website’s step-by-step guides on getting court orders in Provincial Court and Supreme Court.)

See the Family Law in BC website’s Child support page and the Child support page on Dial-A-Law by People’s Law School for more information. 

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.

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 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.

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Intimate partner violence

How do I hide my browsing history?

To help to keep your browsing history private you can clear the history when…

I was released from jail with a no contact order. The police took me home to pick up my things because I’m not allowed to live there now. I forgot my laptop and work clothes. What can l do?

Don’t contact the other person directly or through another person. You could be…

Don’t contact the other person directly or through another person. You could be charged with breaking the no contact order.

You can ask the court for an order to get your things. Talk to your lawyer, duty counsel at the courthouse, your bail supervisor or probation officer, a Native Courtworker, or a family justice counsellor about how to do that.

Can I get a no contact order or no contact conditions changed?

You can ask the court that made the order to vary it. In criminal court, Crown…

You can ask the court that made the order to vary it. In criminal court, Crown counsel must agree to the change and you must appear before the judge to explain why. In family court, the other person has to agree as well. If they don’t agree, it will be up to the judge to decide. In either court, the judge will have to agree that the other person (and if it’s your partner, any of your or your partner’s children) are no longer at risk of harm from you.

Talk to your lawyer, or duty counsel or registry staff at the courthouse about how to apply to court to change the order.

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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.

Do I still have to follow my CBSA reporting conditions?

You must continue following your Canada Border Services Agency (CBSA) reporting…

You must continue following your Canada Border Services Agency (CBSA) reporting conditions, if you have them.

Where can I get help with my refugee claim and with settling in BC? 

You can find services and resources to help you as a new refugee from the…

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