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Support Tips

  1. It is Not About You. While supporters and loved ones are often impacted by someone being dragged through the criminal legal system - and deserve support through that - the situation isn't about you, or your beliefs about the situation, allegations, or justice system in general. If you are supporting someone through this process, you need to be able to take direction from them. In other words: offer the support you can, or don't support the person - but do not actively make their situation more difficult than it already is!

  2. Don't over promise. Be careful not to over promise what you can offer, and maintain your boundaries unless it's an emergency. This helps you and the person you're supporting avoid stress, disappointment or anger at a time where people may be extra sensitive or reactive to their emotions and keeps everyone the most level they can be.

  3. Try not to dismiss someone's experience. Assume there is at least a tenet of truth in everything someone is saying. For example, if someone feels their arrest was because they are racialized, there is likely at least some truth in it. Police frequently oversurveil marginalized communities, and courts frequently create more barriers to these individuals receiving bail or being released from prison. Ask questions to help understand exactly what they're trying to say or relay. Never dismiss someone feeling stressed about their charges or court appearances. The legal system is stressful, even when nothing is happening. Sometimes it might be a helpful anxiety practise to talk through what is possible versus what is likely.

Is my Person Going to Jail?

Not necessarily. There are many ways to resolve charges without any time in jail - even if the crown is asking for jail time.

 

Jail sentences are typically given for serious indictable offenses, such as those to do with serious assault, weapons, or drugs. They can also be given to repeat offenders of less serious offenses, because part of sentencing is supposed to include deterrence. The court will see someone with repeat offenses as someone who needs a higher deterrence.

 

Sentencing typically happens in a "ladder" format with most first/non-serious offenses being the first rung of a ladder with consequences that typically include diversion or discharges which don't include jail, or even a permanent criminal record. As offenses become more serious, or as an individual is criminalized repeatedly, the consequences "move up" the ladder to include permanent criminal records, supervision, house arrest, and jail.

 

However: racism and ableism are deeply ingrained in the criminal legal system, and that racism and ableism exists more in some places within Ontario and across Turtle Island than others. This means that many times people who are disabled, neurodivergent, who use substances, or who are Black, Indigenous or otherwise racialized, end up in prison when someone else who is white or non-disabled would not have.

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One of the most important things you can do as a support person is help give your person the best chance at getting out on bail at a bail hearing.​ This is because someone who spends time in pre-trial custody often pleads out before they can take their case to trial to escape prison conditions. A judge or jury will also find it easier to assume guilt in someone appearing in court from detention.

 

Depending on the circumstances, this may mean hiring a private lawyer. It can also mean your person needing to spend a bit of time in custody before they receive a bail hearing, so that the lawyer can prepare the best possible bail plan.

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It is important to note that not all racialized or disabled individuals are at equal risk of being kept in detention or serving a jail sentence. There are factors that reduce risk, such as individuals with large support systems, good jobs, who own property, or have an education. There are also factors that increase risk, such as being known to use substances, being houseless, repeatedly criminalized/having a record, being a sex worker, or having a serious mental health diagnosis on record.

Will my Person Have a Criminal Record?

Not necessarily. Just because you are charged with a crime does not mean you will have a criminal record.

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If this is your first offense and it is relatively minor you will likely qualify for pre-court diversion or a conditional discharge.

What do They (or I) Wear to Court?

Most court guides will tell you to dress “nicely” and avoid any clothing that has graphics or slogans that the court might see as inappropriate. “Dressing nicely” is usually defined as wearing something that is clean, looks relatively neat, and is not overly baggy. Jeans and a t-shirt work perfectly - it does not have to be formal clothing.

 

Clothing guidelines are often not applied equally by court staff, and can reveal covert racism or gender bias. For example, a white youth may not be sent out of court for wearing a "fuck the police" t-shirt while a youth who is Black or Indigenous would be removed by court special constables.

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If you are attending to support someone, the last thing you want to do is be removed from the courtroom and being able to support them - or get them in more trouble. We encourage everyone to use this information to make the best decision for themselves.

Can I Count on the Legal System to be Fair?

No. You cannot count on the legal system to be fair to the person you are trying to support. This is particularly true if that person is racialized, autistic, neurodivergent, or has a disability. Every part of the legal system has engrained practises that are racist and ableist. Check our sections on Racism an Ableism for more information.

What is the Best Way to Support Someone Navigating the Legal System?

Be willing to make concrete offers of support, but also take direction from the individual you're supporting. Also ensure you maintain support for yourself, which will help you overall, and also prevent burnout blowups.

What Are the Challenges of Supporting Someone?

Supporting people through arrest, court, and prison can be incredibly challenging for both individuals. Challenges you can pre-emptively consider include:

  • How you are going to maintain your own physical and emotional capacity while supporting someone?

  • How will you handle or react to potential outbursts or withdraws from individuals you're trying to support?

  • If you have become the surety of someone you're supporting; How will you both navigate this new power imbalance together? How can you address (likely inevitable) conflict or feelings that come up within this dynamic without risking your relationship?

Where Can I Find Support Resources for Myself?

Check out our supporter resource section!

The Police Keep Asking me Questions, What Do I Do?

Sometimes police will try to question or harass individuals they know are offering support to someone they have criminalized. Sometimes this looks like lots of phonecalls, visits, or questions from bail compliance units. Sometimes it might look like detectives turning up at your door or asking you to come down to the station for an interview. Sometimes they use the threat of charges such as "obstruction".

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You never have to speak with police or provide them information if you are not under arrest. However, if you lie to police about who you are or where someone is or isn't, you can be criminally charged. It is often best to tell them you have nothing to say.

How Can I Find Information on Accessibility in the Legal System?

See our "Accessibility" page!

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