| # | 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 |
| # | 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 |
| # | 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 |
| # | 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 |
| # | 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 |
| # | 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 |
| # | 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 |
| # | 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 |
| 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 |
| 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. |
| 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. | - |
| 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 |
| # | 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 |
| # | 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. |
| # | 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. |
|
||
| 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 |