Retroactive compensation process for section 530 transition

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LABC has created a one-time process to compensate criminal defence counsel for work done in response to the May 2024 change in the s. 530 process. 

Following the Supreme Court of Canada’s decision in R. v. Tayo Tompouba, 2024 SCC 16, we recognized the impact of the change in procedure for canvassing Criminal Code s. 530(3) language rights and committed to exploring options for compensating counsel for the additional time and effort required to adapt to this change. 

As this was a time-limited issue, LABC will not be creating a new tariff item. Instead, as a one-time measure, we’ve developed a process to retroactively compensate counsel for additional work done in the transitional period between May 3 and August 1, 2024, when the BC Provincial Court introduced an alternate s. 530 process. 

Read this notice and application form (PDF) to learn more about the process, including how to apply for compensation. 

Application deadline: May 2, 2025