Lawyers - or Not?
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When you are charged, you have a few different ways to navigate the system.
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Use duty counsel
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Get a Legal Aid Certificate
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Hire a private lawyer out of pocket
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Represent yourself
Youth over the age of 12 have the right to represent themselves.
Racism, ableism and lawyers
Lawyers too, can be responsible for engaging in or supporting ableist or racist behaviours. They can also be subjected to racism and ableism themselves by the court processes.
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If you are seeking private representation, it is worth weighing the pros and cons of each person you are considering. Having a lawyer who thoroughly understands the injustices that those who are racialized and disabled face systemically and how those factors lead to involvement in the criminal legal system can be incredibly validating. But since racism and ableism occur within structures, it also means having a lawyer who has lived experience in those areas may also be subjected to racism and/or ableism within the criminal legal system while trying to represent you. This can definitely impact case outcomes. We suggest bringing this up in an initial meeting with your potential lawyer: be honest about your concerns, and ask how they handle it. Some lawyers have intentionally built excellent relational rapport in select courthouses to try and counter this, while others may be cognizant of dynamics, and also willing and able to fight it out - perhaps with the power of a law firm backing them.
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There are many ways racism and ableism can manifest with/around legal representation, some of which include:
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Having to choose from a pool of legal representation that are mostly or all-white, and able-bodied or minded
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A lawyer assuming you want access to mental health court or diversion, or Gladue court, even when those those options don't suit your needs or desires
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A lawyer using your struggles around race or disability to seek a lighter sentence without consent
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A lawyer who is white not understanding the systemic context in which racist behaviour by school staff, employees, or police put you in to contact with the criminal legal system in the first place
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A lawyer chastising you for resisting police direction that was rooted in racism instead of denouncing behaviour of police
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Few lawyers being trained in ASL themselves, or not having TTY phone systems
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Lawyers not being able to competently represent and fight for your accessibility needs with police or the courts
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Lawyers making assumption around your ability to understand the court process, or comprehend documents and decisions
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Lawyers not having separate accessibility-intake processes, to hear and understand how your disability impacts you and what accommodations you will require to move forward together (the onus for initiating this is often on the client)
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Judges, JP's, or crown attorneys treating your lawyer differently based on their skin colour or presenting with a disability. This can include things like not offering your lawyer the best deals/being unwilling to compromise with them, dismissing your lawyer's court arguments - or being less inclined to decide in their favour - and more.
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Duty Counsel
Duty counsel are lawyers present in the courthouse who are available to speak on behalf of those who can’t afford a lawyer and have not secured legal aid.
Duty counsel is usually only able to represent you for bail hearings, at set dates, and during crown resolutions. They will not run a trial for you, and they do not have a vested interest in the outcome of your charges. Their main goal is to ensure your rights are not violated and keep court running smoothly.
If you need a lawyer for trial, you will need to hire a private lawyer out of your own pocket or secure a legal aid certificate to pay for one.
Using duty counsel is a fine choice to run your bail hearing if:
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Your bail is uncontested
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You agree with the proposed release plan
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Your case is not complicated by immigration status, current/previous bail breaches, or intensely scrutinized, publicly denounced, or politicized charges.
Duty counsel is also perfectly fine to use for set dates and appearances until you are ready to enter a plea or have a judicial pre-trial. Most people in the criminal court systems use duty counsel unless they qualify for a legal aid certificate.
Legal aid
Legal Aid Ontario most often provides a “Legal Aid Certificate” to people who are:
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Low income (less than $22,720/year as a single person), and
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Likely to serve time in jail, or are already in jail because they were denied bail
However it's encouraged you apply regardless.
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See LAO's eligibility document here.
While most criminal charges come with the possibility of being sentenced to jail, it is unlikely you will receive jail time unless you are a repeat offender, have been to jail, or are facing serious charges.
A legal aid certificate can be used to secure a lawyer of your choosing who will accept legal aid. You must choose your legal aid lawyer very carefully, because a lawyer can only be changed for very limited reasons. Not liking what they say or not getting along with them will not be a sufficient enough reason to have legal aid change your lawyer of record.
To prove that you are eligible for Legal Aid, you or your parents will need to provide information about your or their income, property, and savings. Be prepared to provide:
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Up to date bank statement showing the last 3 months of activity
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Investment statements
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3 recent pay stubs, or proof of income from employment insurance, disability, or Ontario works.
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Proof of any monthly debt payments or bankruptcy agreements
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Income tax assessment
If you do not live with your parents, you can bring a letter from staff at a shelter, drop-in centre or agency stating that you live there, and provide your own bank statement history.
To apply for a legal aid certificate, call LAO at 1-800-668-8258, Monday to Friday between 8 am and 5 pm EST (Eastern Standard Time). Their TTY code is *711. LAO accepts collect calls. You can also use their online portal to access services, visit one of their regional offices in person, or chat with a live agent on their website (available Monday to Friday, 11 am to 3 pm EST).
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Legal Aid Ontario Hamilton Branch
110 King St W Suite 780,
Hamilton, ON L8P 4S6
905-528-0134
If you are denied Legal Aid, talk to the Duty Counsel lawyer about your next steps.
Under the Youth Criminal Justice Act (YCJA), youth are guaranteed a lawyer for representation. Since duty counsel only does set dates, if you do not want to plead guilty to your charge duty counsel can request that the judge order you a legal aid certificate or appoint a lawyer. This is called a section 25 order.
If this is the route taken, the province may file a claim for the cost of that lawyer against you or your parents at a later time. This may or may not happen, but it is possible.
Private Lawyers
Private counsel will typically take slightly more interest in your case and be willing to argue for better bail conditions.
If you do not qualify for legal aid, you can expect to pay a private lawyer anywhere between $500-$1500 for a bail hearing, depending on who they are and how complicated it is.
You do not need to hire a lawyer prior to your first court appearance unless you need one for a bail hearing. Since a lawyer charges for each appearance and task, this will help you save money if you are having to pay out of pocket. If you have retained a private lawyer via legal aid, all costs will be covered by your certificate.
It is important to note that lawyers typically have hundreds of clients at any one time. They are not well-known for explaining information thoroughly or in accessible ways to their clients. It is important to inform yourself about your rights and options.
It can be common for lawyers to delay thoroughly reading your case until the week before trial – and even for trial dates to be rescheduled at the very last minute. Lawyers may try and pressure people into pleading out on their charges because that is easier for them.
Self Representation and Notes on Lawyers
The legal system is rigid. No matter what, you are not going to have as much control over your case as you want there to be. Courtrooms and court have a lot of rules – including when you can speak, who you can speak to, and what can be said. You will need to learn these - and generally be able to abide by them - to successfully self-represent yourself.
Self-representation is not easy, and it is also often looked on unfavourably by Judges or Crown Prosecutors – but you are entitled to pursue this route if you are determined.
It is also important to remember that you're the best person to know your case and the facts surrounding it – in that way, you may already have an advantage over a lawyer.
Self-representation can also be a tool if you ca not find a lawyer willing or able to represent you in the way that you want to be represented. For example, if you are Indigenous and being charged with trespassing on your own Nation’s territory and don’t want to argue your innocence under colonial law.​
Resources to Self-Represent
​Justice For Children and Youth (JFCY) is a legal clinic that gives free legal advice to any young person in Ontario aged 18 and under (age 25 and under for homeless youth). JFCY also can help to connect you with a lawyer in their community.
You can call JFCY at 416-920-1633 or toll free at 1-866-999-5329
National Self-Represented Litigants Project (NSRLP)
The NSRLP has resources and information about representing yourself in court in Canada. They also have a resource guide for people with disabilities who are representing themselves in court and seeking accommodations within the justice system. Check out their primer, “Navigating the Justice System: A Guide for Self-Represented Litigants with Disabilities”.
Canadian Judicial Council: Criminal Law Handbook for Self-Represented Accused
The Canadian Judicial Council has a handbook for people who are accused of a crime and representing themselves in a Canadian court (with emphasis on superior court). The guide provides general information only, not legal advice. See the Criminal Law Handbook For Self-Represented Accused.