Legal rights are democratic rights: Alberta students explore the vital role of Duty Counsel in the justice system

Duty Counsel Day on Oct. 27 honours legal aid lawyers who protect our Charter right to legal representation

Legal Aid AB
October 24, 2024

In Canada, legal rights are democratic rights. Anyone can find themselves in conflict with the law or need legal protection. Thankfully, we have access to free, on-the-spot legal advice through duty counsel.

Every day, thousands of people appear in courts across the country, many with little understanding of legal procedures, what’s going to happen, or even that they have a Charter right to legal advice. Duty counsel lawyers protect this right, providing help to Canadians more than 1.2 million times a year.

To recognize the lawyers who provide this vital public service in courtrooms in Alberta and across the country, October 27 has been declared Duty Counsel Day in Canada.

Video: Duty Counsel Day message from the Chief Justice of Canada

“Being there for people can make a big difference”

Duty counsel lawyers de-mystify the justice system and guide clients through an adversarial environment.

“I’ve run into people who think 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,” says Legal Aid Alberta staff duty counsel Justin Hjelsvold.

“Can you imagine the stress that puts on somebody?”

Hjelsvold says many people attending court for the first time are unfamiliar with legal procedures and don’t know what is expected of them or what is going to happen. And, he adds, it’s scary.

“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,” he said.

In Alberta, duty counsel lawyers provide legal advice in courthouses across 75 communities, assisting Albertans over 120,000 times a year. They also serve in Indigenous courts and specialized courtrooms focused on rehabilitation, offering support for those facing mental health, addiction, or domestic violence issues. Additionally, duty counsel lawyers represent Albertans in front of institutional and mental health panels.

To mark Duty Counsel Day, hundreds of students, as well as agencies serving youth across Canada are participating in Duty Counsel Day in the Classroom. This educational initiative helps the next generations better understand their legal rights, what duty counsel does, and how the justice system works.

On Oct. 27, national landmarks, including the CN Tower in Toronto, Olympic Stadium in Montreal, the High Level Bridge in Edmonton and the Calgary Tower will be lit in red.

ABOUT DUTY COUNSEL DAY  

  • A nationwide celebration of duty counsel and our legal rights on October 27
  • Duty Counsel Day has been declared in the Senate of Canada
  • The Chief Justice of Canada has endorsed Duty Counsel Day
  • On October 27, major landmarks across the country will be lit red, including the Big Fiddle in Sydney, the CN Tower in Toronto, Olympic Stadium in Montreal, the Calgary Tower and Edmonton’s High Level Bridge.

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