Note: We’ve clarified information below originally communicated in Notice to Counsel #130 (PDF).
Effective February 1, 2026, Legal Aid BC (LABC) is updating its Choice of Counsel policy to include minimum eligibility requirements (based on year of call) for counsel accepting contracts issued on or after February 1, 2026, to represent clients in certain types of criminal cases (see the note below regarding contracts issued prior to February 1, 2026). This is a quality assurance measure that aims to assist LABC clients in retaining lawyers with the necessary experience to act in more serious and complex cases. LABC consulted with the Criminal Tariff Advisory Committee in developing this policy change.
LABC’s Choice of Counsel policy will be amended to include a year of call minimum for these specific offences, while allowing LABC discretion to make exceptions. The year of call is based on time elapsed from the month the lawyer was called, as outlined in LABC’s General Terms and Conditions (PDF).
Minimum year-of-call requirements
|
Offence type |
Minimum year of call |
|
Sexual assault |
4 years |
|
Sexual offences: other (pornography, sexual touching) |
4 years |
|
Unlawful confinement: indictable |
4 years |
|
Kidnapping: abduction |
4 years |
|
Aggravated sexual assault |
4 years |
|
Sexual assault with weapon or causing bodily harm |
4 years |
|
Dangerous or impaired driving/criminal negligence causing death |
8 years |
|
Culpable homicide (murder, manslaughter, infanticide) as well as attempted murder |
8 years |
|
Dangerous and long-term offender hearings |
8 years |
If a lawyer meets the year of call minimum, they can accept a contract for one of the listed offences absent any applicable practice restrictions. Where a qualified counsel of record relies on an alternate service provider (ASP), the ASP must also meet the year of call minimum, except where the ASP:
- handles purely procedural matters such as fix dates on the instructions of counsel of record; or
- is the assigned junior counsel acting under the direct supervision of counsel of record.
Under the revised choice of counsel policy, if legal aid is approved for a client on one of the above-listed charges and the client has no choice of counsel, LABC Intake staff will limit their lawyer search to lawyers who meet the eligibility requirements. Where an LABC client requests a lawyer who does not meet the year of call requirement applicable in the case, the lawyer may request that LABC make an exception. The lawyer’s request must be made in writing, outlining the nature of the case and the relevant practice experience they have acquired that equips them to competently conduct an effective defence. Requests for exceptions can be submitted to LABC Intake and will be reviewed by LABC’s criminal law team.
As part of its ongoing quality assurance work, LABC will be considering development of a process to allow lawyers who do not meet the minimum eligibility requirements but can demonstrate substantial experience to obtain a exemption that would avoid the need to request an exception on a case-by-case basis.
For lawyers who do not currently meet the year of call minimum, LABC also offers opportunities to gain experience by serving as junior counsel. See Notice to Counsel # 118, August 2022 (PDF) and the mentor/apprentice program (PDF).
Note: As indicated above, this policy is prospective and only applies to new contracts issued as of February 1, 2026. LABC will not be reviewing for compliance any contracts issued prior to that date. If after reviewing this new policy you are concerned about your capacity to act on a specific contract, contact the legal aid office that issued your contract for further direction.
