A Review of Brydges Duty Counsel Services in Canada

Appendix A - Summary of Major Findings

Accused Persons
# Time of Arrest / detention Right to counsel caution 1Legal Aid info How were you informed Access to a phone Called 1-800 # Spoke to Brydges lawyer Saw duty counsel (the next day)
1 Regular hours No No N/A Yes No N/A Yes - but not helpful
2 Regular hours Yes No Verbally Yes Yes Yes - helpful Yes - helpful
3 After- hours CR - Can't remember - intoxicated CR N/A Yes Yes No Yes - helpful
4 After- hours No No N/A No No N/A Yes - helpful
5 After-hours Yes Yes Verbally Yes No N/A Yes - helpful
6 After-hours CR - Can't remember intoxicated CR N/A Yes No N/A Yes - helpful
7 After-hours No No N/A No No N./A Yes - but not helpful
8 After-hours Yes Yes Verbally Yes No N/A Yes - but not helpful
9 After-hours No No N/A No No N/A Pending
10 After-hours No No N/A Yes Yes No Pending
11 Regular hours Yes Yes Verbally Yes Yes Yes - helpful Yes - helpful
12 After-hours Yes Yes Verbally Yes No N/A Pending
13 After-hours Yes Yes Verbally No No N/A Pending
14 After-hours No No N/A No No N/A Pending
15 Regular hours Yes Yes Verbally No No N/A Pending
16 After-hours Yes Yes Verbally No No N/A Yes - helpful
17 After-hours Yes Yes Verbally Yes No N/A Yes - helpful
18 Regular-hours Yes No Verbally Yes No N/A Yes - but not helpful
19 After-hours Yes Yes Verbally Yes No N/A Yes - helpful
20 Regular hours Yes No Verbally NR No N/A No - released


Accused Persons
# Suggestions
1 Yes - Provide access to a phone.
2 No - System is fine.
3 Speedup the process.
4 Yes - 1. Police should be more clear as to what your rights are. 2. More access to call a lawyer.
5 Yes - 1. Better police treatment.
6 No
7 No - Doesn't care.
8 No
9 No
10 No
11 No
12 Yes - 1. Police should not coerce a confession before reading rights.
13 Yes - Provide bigger police cells.
14 No
15 No
16 Yes - Provide access to a phone.
17 No
18 Yes - Police should be more clear about what rights we have.
19 Yes - Keep mentally ill people separately.
20 Yes - Police should inform about legal aid.
10 - Yes
10 - No


Time of Arrest / detention Right to counsel caution Legal Aid info Access to a phone Called 1-800 # Spoke to Brydges lawyer Saw duty counsel (the next day)
14 - After
6 - Reg.
12 - Yes
6 - No
2 CR
9 - Yes
9 - No
2 - CR
12 - Yes
7 - No
1 - NR
4 - Yes
16 - No
2 - Yes
2 - No
16 - N/A
13 - Yes
6 - Pending
1 - No


Crown
# Province Type of Court Problems when no Brydges services were provided during bail hearings Problems when no Brydges services were provided during court proceedings
1 Ontario Provincial Adjourn hearing None
2 B.C. Superior None None
3 Alberta Provincial and Superior None None
4 Manitoba Provincial and Superior None Evidence less likely to be admitted
5 PEI Provincial and Superior Adjourn bail hearing Evidence less likely to be admitted
6 Ontario Superior None Evidence less likely to be admitted
7 Quebec Provincial None Evidence less likely to be admitted
8 PEI Provincial and Superior Adjourn bail hearing None
9 Saskatchewan Provincial Adjourn bail hearing Evidence less likely to be admitted
10 Alberta Provincial and Superior Adjourn bail hearing Evidence less likely to be admitted
11 Newfoundland Provincial None Evidence less likely to be admitted
12 Manitoba Provincial and Superior None None
13 New Brunswick Provincial and Superior None Evidence less likely to be admitted
14 New Brunswick Provincial and Superior None None
15 B.C. Provincial None Evidence less likely to be admitted
16 Nfld. Provincial None None
17 Saskatchewan Provincial and Superior None Evidence less likely to be admitted


Crown
# Province Advantages Gaps / Disadvantages Suggestions
1 Ontario 1. Knowledge of legal rights 1. Language 1.Hire multilingual lawyers
2 B.C. None None N/A
3 Alberta 1. Not enough volunteer duty counsel None
4 Manitoba None 1. Police should call duty counsel
5 PEI 1. More likely to get a conviction 1. Time - difficult to reach lawyers at night 1. Implement a 24-hour duty counsel service
6 Ontario
7 Quebec None None
8 PEI 1. Saves time - speeds up process 1. Time - Duty counsel not available 24 hours /day 1. Implement a formal 24-hour duty counsel system
9 Saskatchewan 1. Coordination of services 1. Ongoing assistance from initial duty counsel lawyer
10 Alberta 1. Time - Difficult to reach volunteer duty counsel after hours Financial - No compensation
11 Newfoundland None None
12 Manitoba None None
13 New Brunswick 1. Knowledge of legal rights 1. Time - delays in reaching duty counsel 1. Implement a formal 24-hour duty counsel system
14 New Brunswick 1. Knowledge of legal rights 1. Time - delays in reaching duty counsel after hours
15 B.C. None None
16 Nfld. 1. Immediate legal advice 1. Time - During the day is hard to reach duty counsel 1. Implement a formal 24-hour Brydges service
17 Saskatchewan None None


Duty Counsel
# Province Advantages Problems when no Brydges services received
1 N.B. 1. Accused provide self-incriminating evidence without knowing the ramifications
2 MB
3 PEI None
4 PEI None
5 SK None
6 MB None
7 AB 1. None 1. Challenge admissibility of evidence
8 SK 1. Challenge admissibility of evidence
9 NB None
10 B.C. None
11 Ont. None
12 AB 1. Free and immediate legal advice 1. Accused provides self-incriminating evidence
13 Ont.
14 NS None 1. None
15 NS 1. Challenge admissibility of evidence
16 Nfld. 1. Challenge admissibility of evidence
17 Nfld. 1. Challenge admissibility of evidence
18 B.C. None


Duty Counsel
# Province Gaps/Disadvantages Suggestions
1 N.B.
2 MB 1. Accused not being informed by police about 1-800 #
3 PEI 1. Time - Difficult reach duty counsel after hours 1. Implement a 24-hour toll free 1-800 #
4 PEI 1. Time - Difficult to reach duty counsel after hours 1. Implement a 24-hour toll free 1-800 #
5 SK None None
6 MB None 1. Have an articling student in every police station
7 AB 1. Time - Difficulty in reaching duty counsel after hours
8 SK None None
9 NB
10 B.C. 1. Lack of access to a phone 1. Person-to-person duty counsel 24 hours/day
11 Ont. 1. Lack of coordination between Brydges and other legal aid services 1. Feedback from 1-800 lawyer
12 AB 1. Time - Difficult to reach duty of counsel after hours
13 Ont.
14 NS 1. Police should call duty counsel
15 NS None None
16 Nfld. 1. Not enough duty counsel
17 Nfld. 1. Police not giving info immediately 1. Police should provide info in a timely manner
18 B.C. 1. Time - Delays in call-back time from duty counsel 1. More duty counsel - answering 1-800


Judges
# Province Type of Court Problems During Bail Hearings Problems During Court Proceedings
1 Saskatchewan Provincial Court Adjourn bail hearing None
2 Saskatchewan Provincial Court Increased likelihood of remand 1. Increased need to exclude evidence
3 Manitoba Superior Court Adjourn bail hearing 1. Increased need to exclude evidence
4 Quebec Provincial Court None - that I have experienced 1. Increased need to exclude evidence
5 New Brunswick Provincial Court None - that I have experienced 1. Increased need to exclude evidence
6 New Brunswick Superior Court Adjourn bail hearing
7 Nova Scotia Provincial Court None - that I have experienced 1. Increased need to exclude evidence
8 Nova Scotia Superior Court None - that I have experienced None - that I have experienced
9 PEI Provincial Court Adjourn bail hearing 1. More defences to the accused
10 Nfld. Provincial Court None - that I have experienced
11 Nfld. Provincial Court None - that I have experienced None
12 Ont. Provincial Court None - that I have experienced
13 B.C. Provincial Court None 1. Increased need to exclude evidence
14 Alberta Provincial Court Adjourn bail hearing 1. Increased need to exclude evidence
15 PEI Superior Court None 1. Increased need to exclude evidence
16 Manitoba Provincial Court Adjourn bail hearing


Judges
# Province Type of Court Gaps/ Disadvantages Suggestions/ Alternatives
1 Saskatchewan Provincial Court None - The system is working well None
2 Saskatchewan Provincial Court None None
3 Manitoba Superior Court None N/A
4 Quebec Provincial Court None - the service is quite satisfactory No
5 New Brunswick Provincial Court
6 New Brunswick Superior Court 1. Inexperienced counsel 1. Increase funding
7 Nova Scotia Provincial Court None
8 Nova Scotia Superior Court 1. Inexperienced counsel 1. Hire experts on criminal law
9 PEI Provincial Court None None
10 Nfld. Provincial Court 1. Hire experts on criminal law
11 Nfld. Provincial Court None - the system is working fine None
12 Ont. Provincial Court 1. Better quality of service
13 B.C. Provincial Court 1. None 1. Hire articling students
14 Alberta Provincial Court 1. Implement a 24-hr 1-800 numbers
15 PEI Superior Court 1. Time - lack of duty counsel after hours None
16 Manitoba Provincial Court 1. Not enough duty counsel 1. Hire more duty counsel


Legal Aid Providers
Province Model Brydges Services - After hours Who Provides Brydges Service Types of Cases
Saskatchewan Staff Model - yet it employs private counsel 1-800 # 1. Private lawyer Summary and Indictable
Ontario Primarily judicare (80 percent) with some staff lawyers (20 percent) 1-800 # Private duty counsel Summary and Indictable
Manitoba Primarily judicare (60 percent) with some staff lawyers (40 percent) 1-800 # Private duty counsel Summary and Indictable
Alberta Judicare model Volunteer - Roster of Lawyers on call Private duty counsel Summary and Indictable
New Brunswick Primarily judicare model with some staff lawyers Paid - Roster of Lawyers on call Private duty counsel Summary and Indictable
Nova Scotia Primarily staff model with some private lawyers Paid - Roster of private lawyers Private duty counsel Summary and Indictable
PEI Primarily staff No formal after hours service - -
Newfoundland Staff model 1-800 # Legal aid counsel Summary and Indictable


Legal Aid Providers
Province Number of Calls Method of Payment Source of Funding Total Cost
Saskatchewan 10,561 calls Flat rate Provincial/Federal $65, 000
Ontario 50,759 Flat rate Provincial/Federal $730,000
Manitoba 4,141 calls Flat rate - private lawyers Hourly rate - staff lawyers Provincial/Federal Not available
Alberta Does not know - - -
New Brunswick Data not available $25 / Call Provincial /Federal $70-80,000
Nova Scotia 3468 (After hours only) Flat rate Provincial /Federal $30,068. (For after hours service only)
PEI Data not available Flat rate during the day No funding at night Provincial /Federal Not available - can't distinguish from other legal aid services
Newfoundland Data not available Flat rate Provincial /Federal $65-70,000
Quebec        
B.C.        
Legal Aid Providers
Province Advantages
Saskatchewan
Ontario 1. Police provide good background info to duty counsel
Manitoba 1. Quick and timely access to legal advice
Alberta If there was a formal 1-800 system: 1. Simple access to duty counsel
New Brunswick
Nova Scotia 1. Fairness/ beneficial to all in justice system
PEI For daytime Brydges services: 1. Quick and timely access to legal advice
Newfoundland 1. Quick and timely access to legal advice
Quebec -
B.C. -


Legal Aid Providers
Province Gaps/Disadvantages Impact of Gaps Suggestions / Alternatives
Sask. 1. Clients do not know that this service is different from legal aid - that they still need to apply for legal aid If it was possible: Britain has duty counsel at the police station which ensures that they can provide a more meaningful legal service than a phone call.
Ontario 1. Lack of coordination between Brydges services and other legal aid services 1. It is hard to monitor the private company that provides this service
Manitoba 1. Financial constraints - The costs have increased over time None None
Alberta 1. Time - we have good services during the day, but it is difficult to have enough volunteer duty counsel after hours 1. Accused persons are not given the opportunity to contact a lawyer and get legal advice in a timely manner 1. Implement a 1-800 #
New Brunswick 1. Increase funding - in order to be able to provide different services
Nova Scotia None None None
PEI   None
Newfoundland None N/A None
Quebec No response    
B.C. Interview not completed    
Police
# Rank Province Appropriate Caution Given (duty counsel, legal aid and 1-800 where applicable) How Info is Delivered Amenities Available
1 Sgt. AB Yes Told orally - read from a card
2 Staff. Sgt. AB Yes Told orally - read from a card
3 Sgt. SASK. Yes Told orally - read from a card
4 Const. SASK Yes Told orally - read from a card
5 Staff Sgt. MB. Yes Told orally - read from a card
6 Const. Ont. Yes Told orally - read from a card
7 Const. Ont. Yes Told orally - read from a card
8 Sgt. Quebec Yes Told orally - first from memory and then read from a card
9 Const. Quebec Yes Told orally - read from a card
10 Const. N.B Yes Told orally - read from a card
11 Sgt. N.B Yes Told orally - read from a card
12 Const. N.S Yes Told orally - read from a card
13 Const. N.S   Told orally - read from a card
14 Detective MB   Told orally - read from a card
15 Const. PEI Yes- Told orally - read from a card
16 Const. PEI Yes Told orally - read from a card
17 Sgt. B.C. Yes Told orally - read from a card
18 Const. Nfld. Yes Told orally - read from a card
19 Inspector Nfld. Yes Told orally - read from a card
20 Const. B.C. Yes  
Police
# Province Advantages
1 Alberta None
2 Alberta 1. Fulfills Charter requirements
3 Saskatchewan
4 Saskatchewan None
5 Manitoba
6 Ontario 1. Saves time - police not spending time looking for lawyers
7 Ontario
8 Quebec None
9 Quebec
10 New Brunswick
11 New Brunswick
12 Nova Scotia
13 Nova Scotia
14 Manitoba
15 PEI

If a 1-800 # was in place:

16 PEI

If a 1-800 system in place

17 B.C. 1. Free legal advice
18 Nfld.
19 Nfld.
20 B.C.
Police
# Province Gaps in Brydges Services Impact of Gaps Suggestions/Alternatives
1 Alberta 1. Time - Duty Counsel not available after hours 1. None
2 Alberta 1. Time - Difficult to reach duty counsel after hours 1. Hinders police investigation - i.e., after breathalyzer tests have a 2 hr. timeline 1. Having duty counsel available 24 hours/day 2. Duty counsel at every police station
3 Saskatchewan None - They can get advice quickly over the phone N/A None
4 Saskatchewan None - with the 1-800 24-hours/day there is always duty counsel N/A None
5 Manitoba None - The way it is set up now it certainly works well N/A None
6 Ontario 1. Time - Long delays in call back time from duty counsel at certain times of the week (weekends) 1. A guaranteed call back time
7 Ontario 1. Slows work None
8 Quebec None N/A None
9 Quebec None - services is well in place and fully functional N/A None
10 New Brunswick None - during the night we can depend on calling a lawyer N/A None
11 New Brunswick None - Brydges services are available and it is working fine N/A None
12 Nova Scotia None - We get a pretty good call back time N/A None
13 Nova Scotia None N/A None
14 Manitoba None - Haven't had any problems with accessing duty counsel N/A None
15 PEI Time - Can't reach duty counsel after hours 1. Hinders the investigation 1. Implement a 24 hour telephone system
16 PEI Time - can't reach duty counsel after hours 1. Slows work - Delays the investigation since it is time consuming trying to reach a lawyer after hours 1. Implement a 24 hours telephone system
17 B.C.
  • 1. Regionalized duty counsel service
  • 2. having more duty counsel available
  • 3. Having bilingual staff or translator available
18 Nfld. None - quite satisfied with the service N/A None
19 Nfld. None - The service is adequate N/A None
20 B.C. 1. Time - Long delays in call back time from duty counsel 1. Having more duty counsel available
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