Duty counsel are lawyers funded by Legal Aid Ontario who provide free legal assistance to unrepresented accused persons at the courthouse. They are available at Ontario Court of Justice locations across the province and can assist with bail hearings, first appearances, guilty pleas, and adjournment requests.
Duty counsel provide immediate, same-day assistance — but they do not represent you in the same way as a retained lawyer. They typically have limited time to review your case, they will not conduct lengthy negotiations with the Crown, they cannot prepare and argue Charter applications, and they will not represent you at trial. For a first appearance or a bail hearing where you have not yet retained a lawyer, duty counsel can help you navigate the process and ensure your rights are protected in the short term.
The distinction between duty counsel and a retained defence lawyer is significant. Duty counsel handle a high volume of matters each day and cannot give your case the sustained attention it may require. If you are facing serious charges — particularly impaired driving, sexual assault, domestic assault, or any charge carrying a potential jail sentence — retaining a criminal defence lawyer is strongly advisable.