Someone you love has been arrested in British Columbia, or you have — and the questions are coming fast. When is the bail hearing? Can the police hold you this long? Have charges even been laid yet, or is the Crown still deciding? Will you get out tonight? You do not have to sit in the dark guessing. Criminal law in Canada is federal — the same Criminal Code applies in Vancouver, Surrey, Kelowna and Prince George as everywhere else in the country — but it is run through British Columbia's own courts and its independent Crown, and BC does one thing differently from most of the country: here the Crown, not the police, approves charges. Our AI legal assistant, trained on the Criminal Code of Canada and BC procedure, can walk you through exactly what happens next, in plain English. Free legal information — call our free line now and ask as many questions as you like.
Free legal information. Not legal advice. Available 24/7 across British Columbia.
Do two things right now. First: say nothing to the police beyond identifying yourself. Under section 10(b) of the Canadian Charter of Rights and Freedoms you have the right to retain and instruct counsel without delay and to be told of that right — ask to speak to a lawyer and stop talking until you have. In BC you can get that advice immediately and for free: the Legal Aid BC Brydges Line (1-866-458-5500) gives confidential criminal-law advice 24 hours a day, 7 days a week to anyone arrested, detained or under investigation. Second: count the clock. If you are held in custody, the police must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). That first bail hearing — in the Provincial Court of BC — is where your release is decided, so getting clear information before it happens is everything.
This is the trap most people never see coming. Since the December 2018 reforms, impaired driving and "over 80" carry a maximum of 10 years' imprisonment when the Crown proceeds by indictment (Criminal Code s.320.19). Under the Immigration and Refugee Protection Act (IRPA s.36), an offence with a maximum of 10 years or more is "serious criminality" — and inadmissibility turns on that maximum, not on the sentence you actually receive. So a permanent resident who pleads to a first-offence impaired charge and gets only the $1,000 minimum fine can still face the same immigration consequences as someone sent to jail. (Note that BC diverts most impaired-driving cases out of the criminal courts entirely through the administrative Immediate Roadside Prohibition scheme — but where a criminal charge is laid, the immigration exposure is real.) If you are not a citizen, the criminal and immigration sides of your case have to be handled together from the very first appearance — not after a plea. Get clear information before you decide anything.
If you cannot afford a private lawyer, British Columbia has a real safety net — legal aid, duty counsel, free 24-hour advice on arrest and reduced-fee referrals. These are independent organisations, not Legal Hotline, but they are the right doors to know.
In BC, who decides whether I'm charged — the police or the Crown?
In British Columbia the Crown decides. Unlike most of Canada, where police lay charges, BC police recommend charges and independent Crown Counsel in the BC Prosecution Service approve them, applying a two-part test: whether there is a "substantial likelihood of conviction" and, if so, whether a prosecution is "required in the public interest." This pre-charge screen means some files the police forward never become charges at all.
How long can the police hold me before I get a bail hearing in BC?
If you are held in custody, the police must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). That first bail hearing happens in the Provincial Court of BC. To understand your specific timeline, get clear legal information before bail court — and remember the free Brydges Line (1-866-458-5500) gives you a lawyer 24/7 the moment you are arrested.
What's the difference between the Provincial Court, the Supreme Court and the Court of Appeal in BC?
The Provincial Court of BC handles over 95% of criminal cases — all summary offences, indictable trials where you elect to be tried there, and bail hearings; it sits as a judge alone. The Supreme Court of BC is the superior TRIAL court (not an appeal court): it has inherent jurisdiction, runs jury trials, and hears the most serious offences like murder. The Court of Appeal for BC is the province's highest court and hears appeals from both.
Is my charge a summary or an indictable offence — and what is a hybrid offence?
Summary conviction offences are the less serious ones (default maximum under s.787: a $5,000 fine and/or up to two years less a day). Indictable offences are more serious, with higher maximums. Many Criminal Code offences are "hybrid," meaning the Crown chooses whether to proceed summarily or by indictment — and that choice changes your penalty and trial options. We can explain which category your charge falls into.
What happens at a bail hearing, and what does 'reverse onus' mean?
Under Criminal Code s.515 the starting point is release on the least onerous conditions (the "ladder principle" from R. v. Antic), and the Crown normally has to justify keeping you in custody on the primary, secondary or tertiary grounds. For certain "reverse onus" charges the burden flips and you must show why you should be released. Understanding which applies to you before the hearing matters.
I was charged with impaired driving or 'over 80' in BC — what are the penalties?
Under Criminal Code s.320.14 a first criminal offence carries a minimum $1,000 fine (more if your blood-alcohol level is higher) and a mandatory minimum one-year driving prohibition; if the Crown proceeds by indictment the maximum is up to 10 years. Note that BC handles most impaired-driving cases administratively through the Immediate Roadside Prohibition scheme rather than the criminal courts — but where a criminal charge is laid, these federal penalties apply. There is no "DUI" charge in Canada; these are impaired driving and "over 80" offences.
I'm not a Canadian citizen — can a criminal charge affect my immigration status?
It can, and it is a federal immigration question decided under the Immigration and Refugee Protection Act, not by the criminal court. Under IRPA s.36, an offence with a maximum of 10 years or more is "serious criminality," and inadmissibility turns on that maximum — not the sentence you actually get. So even a first-offence impaired charge with only a fine can threaten a permanent resident's status. The criminal and immigration sides need to be handled together.
Will I get a criminal record, or can I avoid one?
Not necessarily. Because BC screens charges first, some files are never approved. Even after a finding of guilt a court can grant an absolute or conditional discharge under s.730 — guilty, but no conviction registered and no criminal record once the conditions are met (not available where a minimum penalty applies). These options have to be raised before you plead.
My teenager was charged — how is youth court different?
Young people aged 12 to 17 are dealt with under the federal Youth Criminal Justice Act, which emphasises rehabilitation and reintegration, uses extrajudicial measures (like warnings and referrals) for less serious matters, protects the young person's privacy, and keeps youth records separate with their own access and destruction rules. The approach and the penalties are different from adult court.
Can I get my criminal record cleared in Canada?
Often, yes, through a record suspension (formerly a "pardon") from the Parole Board of Canada under the Criminal Records Act. You become eligible 5 years after completing your sentence for a summary offence, or 10 years for an indictable one, provided you have no new convictions. The application fee is modest and you can apply directly, without a lawyer or paid service.
Does this hotline give legal advice or get me a lawyer?
We give clear legal information — not legal advice — and any contact creates no lawyer-client relationship. Legal Hotline is not a law firm and not Legal Aid BC. The AI assistant is trained on Canadian criminal law and answers as many questions as you like, free, across BC. A paid consultation with a British Columbia-licensed criminal defence lawyer is coming soon.
Are you a British Columbia-licensed criminal defence lawyer? We're building our BC network ahead of launching paid consultations, to connect worried, urgent callers across Vancouver, Surrey, Victoria, Kelowna, Kamloops and the rest of the province with vetted local counsel — at the moment they are ready to retain. If you would like to receive matched client referrals for bail, summary and indictable matters, impaired driving, youth justice and record-relief questions, join our network and we will route consultations your way.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].
An arrest does not keep office hours. Whether the bail hearing is hours away, you need to know whether the Crown has even approved a charge, or you are a permanent resident worried about your status, you can call our free line now and get clear, plain-English legal information — free, with no web form and no income test — about your British Columbia criminal matter, grounded in the Criminal Code of Canada and how it is applied in BC's courts. Ask as many questions as you like; and the independent organisations listed above — starting with the free 24/7 Brydges Line — are the right doors to know.
Free legal information. Not legal advice.