High school teachers in Alberta and across the country can help raise awareness of our Charter rights and the vital role duty counsel play in protecting them
Every day, thousands of people appear in courts across the country for the first time, with little understanding of legal procedures, what’s going to happen, or even that they have a Charter right to legal representation.
Fortunately, duty counsel lawyers are on the front line of the justice system to protect our Charter right to legal counsel by providing free, on-the-spot legal advice.
In 2023, Legal Aid Alberta duty counsel provided 120,000 “assists” to Albertans seeking legal advice in criminal or family court matters.
To help recognize the work performed by duty counsel in courtrooms all across Canada, October 27 has been declared Duty Counsel Day.
Legal Aid Alberta staff Duty Counsel Justin Hjelsvold appeared on Global Morning News to talk about the impact duty counsel have and how young Canadians are learning about it.
View the Global Morning News Ask A Lawyer segment.
Transcript of the program:
Vinesh Pratap: Every day thousands of people appear in courts across the country for the first time, with little understanding of legal procedures, what’s going to happen, or even that they have a charter right to legal representation. Here today to talk to us about a national initiative to raise awareness of our rights and how duty counsel lawyers protect them is Legal Aid Alberta staff lawyer Justin Hjelsvold. Justin good morning, thank you so much for being here.
Justin Hjelsvold: Good morning. Thanks for having me.
Vinesh: There’s so much misunderstanding especially for people who are intimidated by the court process so it’s very important to talk about this – so talk to us about Duty Counsel Day.
Justin: So Duty Counsel Day is October 27, and its purpose is to raise awareness of the role duty counsel play in courtrooms across Canada. We have an initiative being rolled our called Duty Counsel Day in the classroom and teachers can apply to have their high school students put up a mock courtroom and play the different roles in the court: the judge, prosecutor, the duty counsel lawyer, and get an idea of how the system works and the role that duty counsel lawyers play in it. If teachers want to more about it they can go to knowdutycounsel.ca
Vinesh: So what’s the initial reaction? Is there a lot of interest in this?
Justin: In the last year there was a lot of enthusiastic participation. I think educators see that this program fits into their curriculum and it’s a hands-on experience which students really respond to. Last year we had over 1,700 students and teachers across Canada participate in the program. And again, it’s a fun experience and something kids are responding well to.
Vinesh: Well, give us a lesson here. What does a duty council do?
Justin: Essentially, we are a lawyer for anybody unrepresented on their day in court. There were over 120,000 different instances of legal assistance by duty council lawyers in Alberta alone just in the last year. It’s estimated that number is over 2 million across Canada. Every day I run into people who don’t know anything about the process: you’re in a big and intimidating building. Courtrooms are meant to make you feel small. Sometimes being a friendly face, or somebody who understands what’s going on, and being there for people can make a big difference.
Vinesh: Talk to us about, you know, you’re not just a lawyer but you’re part teacher and therapist, if you will. As you take a client through the process and they are nervous, how do you turn it into something constructive?
Justin: I’ve run into people who think today, their first appearance in court, is a trial and that they might be going to jail that day. They’ve arranged their whole life so they might not be coming home. Can you imagine the stress that puts on somebody? So in some ways what you’re doing is a little more than giving legal advice. You’re counselling them a little bit and trying to be a human being at the same time, somebody who’s compassionate and hears and sees them and understands the situation. When somebody realizes they are in a situation that’s manageable, something they can understand and participate in, they can make more rational decisions and hopefully at that point we can have a conversation about the next steps. I hope they take my advice. But as I always say, it’s their court matter and their life and they’re the ones making the decision.
Vinesh: Let’s quickly round this out to the lessons taught to kids. The mock trials happen and everything like that. What’s the reaction from the kids?
Justin: There’s a positive response. A lot of people say they really enjoyed the experience. And teachers can also ask for duty council to come to the classroom and speak to the students about the job as well. So there’s different aspects of the program that they can access.
Vinesh: It’s great to see the community outreach. It’s a lesson we can all take. Thank you for coming in and letting us know about Duty Counsel Day and the great work you do at Legal Aid Alberta.
Justin: Thanks for having me.
Vinesh: And, National Duty Counsel Day is on October 27th and for more information you can visit them online at knowdutycounsel.ca .
For teachers: Duty Counsel Day in the Classroom
Official Duty Counsel Day website
Declaration of Duty Counsel Day in the Senate
Message from the Right Honourable Richard Wagner, Chief Justice of Canada
City of Calgary proclaims October 27 as Duty Counsel Day
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