Charged in BC? Understand Your First 24 Hours Before Bail Court.
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.
Criminal Law in British Columbia — what to do right now
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.
The law in British Columbia: Criminal Law
In Canada, criminal law is federal: the Criminal Code of Canada (RSC 1985, c. C-46), the Controlled Drugs and Substances Act and a handful of other federal statutes define the offences and the penalties, and they are identical whether you are in Victoria, Kamloops or anywhere else in the country. What is provincial is the machinery — British Columbia's courts and the BC Prosecution Service (its independent Crown). So when people talk about "BC criminal law," they mean the federal Criminal Code as it is applied through British Columbia's three levels of court.The first thing that is distinctive about BC is who decides whether you are charged at all. In most of Canada the police lay charges and the Crown prosecutes them; in British Columbia (as in Quebec and New Brunswick) it is the other way round — the police recommend charges, but Crown Counsel in the BC Prosecution Service independently approve them, applying a published two-part charge-assessment test. Crown must be satisfied there is a "substantial likelihood of conviction" — a strong, solid case where conviction is more likely than acquittal — and, only then, that a prosecution is "required in the public interest." This pre-charge screen means that in BC some files the police forward never become charges at all.
Almost every adult criminal case is heard in the Provincial Court of British Columbia, which deals with more than 95% of all criminal matters in the province. The Provincial Court tries every summary conviction offence, and it tries indictable offences too where the accused elects to be tried there; it sits as a judge alone, with no jury, and it handles bail hearings and first appearances. The Supreme Court of British Columbia is the province's superior trial court — a court of "general and inherent jurisdiction," in its own words, which can hear any criminal case, is where jury trials happen, and is the only court that can try the most serious offences (the Criminal Code s.469 offences, such as murder). It is a trial court, not an appeal court for most purposes (though it does hear summary-conviction appeals from the Provincial Court). Above both sits the Court of Appeal for British Columbia, the highest court in the province, which hears appeals from the Supreme Court and indictable-conviction appeals from the Provincial Court.
Two other things shape almost every case. The first is the Crown's election. A great many Criminal Code offences are "hybrid" (dual-procedure): the same conduct can be prosecuted either by summary conviction or by indictment, and the Crown chooses which — a choice that drives the maximum penalty, your trial options and even the immigration stakes. Bill C-75, in force since 2019, hybridised many formerly straight-indictable offences and standardised most summary maximums at two years less a day. The second is bail: under Criminal Code s.515 and the Supreme Court's ruling in R. v. Antic, the default is release on the least onerous conditions (the "ladder principle"), and the Crown must justify detention on the primary (attendance), secondary (public safety) or tertiary (public confidence) grounds — except on "reverse onus" charges, where the accused must show why they should be released. Understanding which of these gears is turning in your case is exactly what a free call can clarify — this is legal information to help you act, not legal advice, and it creates no lawyer-client relationship.
Key Legislation
- Criminal Code of Canada (RSC 1985, c. C-46) — FEDERAL: defines offences, penalties, bail and procedure uniformly across Canada
- Charter s.10(b) — right on arrest to retain and instruct counsel without delay, and to be told of that right
- Criminal Code s.503 — police must bring a detained person before a justice without unreasonable delay, within 24 hours if one is available
- Criminal Code s.515 — judicial interim release (bail): the ladder principle, release on least onerous conditions, reverse-onus exceptions
- Bill C-75 (in force 2019) — hybridised many offences and standardised most summary maximums at two years less a day
Courts & Agencies
- Provincial Court of BC — over 95% of criminal cases: all summary offences, elected indictable trials, bail hearings and first appearances; judge alone, no jury
- Supreme Court of BC — the superior trial court of inherent jurisdiction: jury trials and the s.469 offences (e.g. murder); a TRIAL court, not an appeal court
- Court of Appeal for BC — the province's highest court: hears appeals from the Supreme Court and indictable-conviction appeals from the Provincial Court
- BC Prosecution Service — the independent Crown that APPROVES charges (substantial-likelihood-of-conviction + public-interest test) and prosecutes them
- Parole Board of Canada — decides record suspensions (pardons) under the Criminal Records Act
Penalties & Deadlines
- Summary conviction default (s.787) — up to a $5,000 fine and/or two years less a day in jail, unless the offence sets a higher maximum
- Indictable offences — maximums vary widely: some 2, 5, 10 or 14 years, some carry life imprisonment
- Impaired driving / 'over 80' (s.320.14) — first offence: minimum $1,000 fine and a one-year driving prohibition; up to 10 years if prosecuted by indictment
- Bail clock (s.503) — before a justice without unreasonable delay, within 24 hours if a justice is available; the hearing is in the Provincial Court
- Record suspension waiting period (Criminal Records Act s.4) — 5 years after sentence completion for a summary offence, 10 years for an indictable one
An impaired-driving charge is now 'serious criminality' — and that can hit your immigration status
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.
Likely outcomes & penalties
Every case turns on the charge, the record and how the Crown elects — but here is the realistic range of where BC criminal matters land, so the outcomes stop being a mystery.Mistakes to avoid
How it works
Free & low-cost Criminal Law help in British Columbia
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.
FAQ — Criminal Law in British Columbia
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 can be booked right on the call.
British Columbia criminal defence lawyers: join our network
Are you a British Columbia-licensed criminal defence lawyer? We're building our BC network for our live paid-consultation service, 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 admin@platfirm.ai.
Sources & further reading
- Criminal Code of Canada (RSC 1985, c. C-46), s.503 (taking before a justice, 24-hour rule) — Justice Laws Canada
- Criminal Code, s.515 (judicial interim release / bail — the ladder principle) — Justice Laws Canada
- Criminal Code, s.320.14 (operation while impaired / 'over 80') — Justice Laws Canada
- Immigration and Refugee Protection Act (SC 2001, c. 27), s.36 (serious criminality) — Justice Laws Canada
- The Courts of British Columbia — Provincial Court, Supreme Court and Court of Appeal — Courts of BC
- BC Prosecution Service — Charge Assessment Guidelines (CHA 1): substantial-likelihood-of-conviction + public-interest test
- R. v. Antic, 2017 SCC 27 (bail ladder principle) — CanLII
- Brydges Line — free 24/7 criminal-law advice on arrest — Legal Aid BC
Free legal information for British Columbia — clear answers when the clock is already running.
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.