Do I have the right to a free lawyer right away when I am arrested?
Short answer
Yes. You have the right to speak to a lawyer without delay as soon as you are arrested or detained (section 10(b) of the Charter), and a duty counsel service is available free of charge at any time. That first call is free, whatever your income.
In detail
Section 10(b) of the Charter guarantees the right “to retain and instruct counsel without delay and to be informed of that right”. Police must tell you about it and give you a real opportunity to make the call, in private.
That first phone advice is separate from being represented in the case itself. To be represented afterwards, you either have to retain a private lawyer or qualify for legal aid. Quebec legal aid covers criminal matters, among others, subject to income and asset thresholds.
If you ask for a lawyer, questioning must normally be suspended long enough for you to speak with one. Waiving that right has to be clear and voluntary.
What to document
Write down the time you asked for a lawyer, the time you were actually able to call, whether the call was private, and whether you were asked any questions in between. Note the name of the duty counsel you spoke to.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Canadian Charter of Rights and Freedoms, s. 10(b) — Justice Laws Website
- Commission des services juridiques — Quebec legal aid
Related questions
- Can I get legal aid for a criminal charge?
- Who decides to lay criminal charges in Quebec?
- Can the victim withdraw the complaint?
- How long does the police have to lay charges against me?
- What is the first appearance and what happens there?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.