Common questions | Legal Aid BC (2024)

If you’re ayouth (under 18years old) and you’re arrested, you have the same rights as an adult in BC. This includes the right to speak to alawyer without delay after you’re arrested.

The police must:

• inform you of your right to speak to alawyer, and
• allow you to speak to alawyer at the first reasonable opportunity after your arrest.

How soon you can speak to alawyer will depend on the circ*mstances of your arrest, including where you are when you’re arrested.

You also have rights under the Youth Criminal Justice Act (YCJA) that apply before the police can question you or get astatement from you as part of their investigation. You have the rightto:

• speak to aparent, guardian, adult relative, or other appropriate adult that you choose before being questioned by or providing astatement to the police
• be given areasonable opportunity for the lawyer and the adult you’ve contacted to be with you when you’re being questioned or making astatement
• be told in age-appropriate language that you have the right to speak to alawyer and aparent or other adult before being questioned by or making astatement to the police
• be given areasonable opportunity to contact alawyer and the adult you’ve chosen to speak to if they can’t be reached immediately, and
• be told in age-appropriate language that any lawyer, and any parent or other adult you’ve spoken to after your arrest, must be with you when you’re being questioned or making astatement, unless you don’t want them to be withyou

Speaking to alawyer

If you have alawyer or you know the name of alawyer you want to speak to, you can ask to contact them. Or you can ask the police for alist of lawyers, or you can ask to speak to afree lawyer from Legal Aid BC.

A lawyer will be able to give you legal advice about your situation. Theycan:

• give you more information about your rights,
• help you understand your rights and how to use them,and
• explain your nextsteps.

Anything you say privately to the lawyer is confidential and can’t be used as evidence against you incourt.

Speaking to the police

The police must:

• inform you of your rights, and
• make sure those rights are fulfilled,

before they can question you or try to get astatement from you, even after you’ve spoken to alawyer.The police must tell you the reason for your arrest, and they’ll most likely ask you if you understand what you’re being arrested for. This isn’t the same as them asking if you committed the crime you’re being arrested for, or if you know the reason they’re arresting you for thatcrime.

You don’t haveto:

• tell the police whether you agree or disagree with the reason for your arrest or whether you know why you’re being arrested,
• say anything about the crime being investigated, or
• answer any questions the police ask you as part of their investigation.

Anything you say to the police without being asked or encouraged, before they’ve had achance to explain and act on your rights, can be used against you. Anything you decide to tell the police, after they’ve explained and acted on your rights, can be used against you. It’s agood idea to have alawyer and aparent or other adult with you to help make sure your rights are protected.

Being questioned by the police
The police can’t question youif:

• you’ve asked to speak to alawyer or aparent or other adult, but you haven’t had achance to speak to them yet,or
• you’ve contacted alawyer or aparent or other adult to ask for them to be present with you, but they aren’t with youyet.

The police may try to get astatement from you by asking you questions or by attempting to get you to talk about the crime they believe you committed. They may also want to ask you questions about other topics that will help them investigate you for that crime. You don’t have to say anything to the police at anytime.

Making astatement to the police
Astatement includes anything you say to the police. Astatement isn’t limited to:

• a formal statement that’s recorded or written down,
• a confession or admission of guilt, or
• comments directly about the suspected crime.

Depending on the investigation, what you say to the police and the information you give them may be used as evidence against you in court or to help their investigation ofyou.

LABC’s immigration coverage is for people entering Canada, or people who have already entered Canada, who want to make aclaim for protection under s. 96 or s. 97 of the Immigration and Refugee Protection Act (IRPA).

Coverage is based on risk to the personif they return to their country of origin.

Wefund applications by people living in BC for the following:

• Refugee status under s. 96 of IRPA (fear of persecution for reasons of race, religion, nationality, membership in aparticular social group or political opinion)
• Protection under s. 97 of IRPA (fear of torture or risk to life, or risk of cruel and unusual punishment or treatment)
• Permanent resident status on humanitarian compassionate grounds under s. 25 of IRPA for applicants who face unusual, undeserved hardship in their country of origin
• Pre-Removal Risk Assessment applications (which allow people who are ineligible to make refugee claims in Canada to still have their risk assessed)

We also fund appeals and judicial reviews of Immigration and Refugee Board of Canada (IRB) decisions.

Immigration, Refugees and Citizenship Canada (IRCC) is no longer accepting in-person claims at their offices. If you’re inside Canada and you’d like to make arefugee claim, you must, in most cases, apply using the IRCC Portal.

To submit arefugee claim using the IRCC Portal, see Claim refugee status from inside Canada: How to apply.

Before you can access The Portal, you’ll need to answer two questions regarding your location and your eligibility to make aclaim. Once you’ve answered ​“Yes” to these two questions, scroll down to the question ​“How will you make your refugee claim?”. Select the ​“Online (you’re already inside Canada)” button. Follow the instructions that appear. There will be alink to aguide that can assist you with the process of making aclaim.

Before you begin to make your claim, you’ll have to sign up for an IRCC Portal account (if you already have an IRCC Portal account, there’s a ​“Sign in” link). If you are being assisted by alawyer, they can use their IRCC Portal account.

To create an account, click ​“Sign up to submit your claim,” under ​“Need an IRCC portal account?”. You’ll have to submit your email address. You’ll then receive an invitation code. Use the code to create an account. Once you’ve created an account, follow the instructions to complete your claim. Once you start to enter information about your claim, you’ll have 90days to submit it.

When the application is complete, IRCCwill:

• send you an Acknowledgment of Claim letter,
• give you instructions to complete your immigration medical examination, and
• schedule you for abiometrics interview, and later an eligibility interview.

After you’ve been found eligible to make your claim, your file will be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), and they’ll eventually schedule your hearing. In some cases, your case may be selected for apaper file-review process to see if adecision can be made without ahearing. If the RPD can’t come to apositive decision in apaper file-review then your claim will be scheduled for ahearing.

More information can be found on IRCC’s website.

Refugee Protection Division (RPD)

If aclaimant made aclaim for refugee protection at aport of entry and their claim was referred to the RPD on or after August 29, 2020, the RPD temporarily extends the time limit for the claimant to provide their Basis of Claim (BOC) form by 30days from the date on which the BOC form would normally be due. Accordingly, the claimant’s BOC form will be due 45days after the day on which their claim was referred to theRPD.

Inland claims are now made using an online portal called the IRCC Portal (The Portal). You use The Portal to input information and upload documents such as the Basis of Claim form (see ​“I am inside Canada and Iwant to claim refugee protection. How do Imake my claim? [July 8]”below).

Fax the RPD at 604-666-3043.

Email the RPD at RPDWestern-SPRouest@irb-cisr.gc.ca.

For more information about making refugee claims, please visit the RPD website.

Refugee Appeal Division

Refugee Appeal Division (RAD) notices of appeal are now due 15days after receiving written reasons from the RPD. Appeals must be perfected within 45days from receiving the written reasons from theRPD.

Fax the RAD at 604-666-9870.

Email the RAD at IRB.RAD-W-O-SAR.CISR@irb-cisr.gc.ca.

For more information about how to appeal anegative RPD decision, please see the RPD website.

Immigration Appeal Division

All Immigration Appeal Division (IAD) deadlines have now returned to normal. By default, the IAD is currently scheduling all hearings as virtual hearings. Effective October 18, 2022, participants can apply to have their hearing in person or as ahybrid hearing. See the IRB website for details.

Fax the IAD at 604-666-3043.

Email the IAD at: IRB.IAD-WO-SAI.CISR@irb-cisr.gc.ca.

Immigration Division

For the Immigration Division (ID), detention reviews are being conducted by telephone or video. For non-detained cases, the ID will contact you or your lawyer to schedule ahearing. By default, the ID is currently scheduling hearings as virtual hearings. Effective September 5, 2023, participants can apply to have their hearing in person. See the IRB website for details.