Criminal charges 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 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.

The other person is constantly trying to text, call, or come find me. What should I do?
Don’t reply and walk away if necessary. Tell your bail supervisor or probation…

Don’t reply and walk away if necessary. Tell your bail supervisor or probation officer if you have one.

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.

I was taken to an overnight jail cell after a family violence incident. Does my partner have the right to keep me out of my house?
Yes, your partner has that right if there’s a no contact order in place with…

Yes, your partner has that right if there’s a no contact order in place with the condition that you not go to your home. The police or a justice of the peace may order you to have no contact with your partner or to not go to your home when you’re released.

Talk to your lawyer or duty counsel at the courthouse about how to apply to court for an order that gives you the legal right to enter the home.

For more information, see When You’re Told to Have “No Contact”.

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.

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.

Other organizations that can help

BC’s Criminal Justice System

Provides information about BC’s criminal justice system and helps you access resources and services.

BC211

Local contacts & referral lists. Connects people to community, health and government resources for help.

Elizabeth Fry Society of Greater Vancouver

Programs that support women and children involved in, or affected by, the justice system including help understanding the court process.

John Howard Society of BC

Programs and services that help people before and after release from jail.

Lawyer Referral Service

If you don’t know a lawyer who handles criminal cases, contact the Lawyer Referral Service to get the name of a local lawyer to talk to for 15 minutes for free. You can find out what they’d charge if you need more help and decide whether you want to hire them.

Native Courtworker and Counselling Association of BC

Culturally appropriate services to Aboriginal people involved in the criminal justice system.

No Contact - BC’s Criminal Justice System

Provides information about the criminal justice system in BC and helps you access resources and services.

Prisoners’ Legal Services

The West Coast Prison Justice Society operates Prisoners’ Legal Services, the only clinic in Canada that provides all prison-related legal aid (other than appeals) in its jurisdiction.

People in prison in British Columbia can access services by calling Prisoners’ Legal Services at 1-866-577-5245 (federal) or 604-636-0464 (provincial). Phone lines are open from 9-11 a.m. and 1-3 p.m. on weekdays. Lines are closed on Wednesday afternoons.