People facing a criminal charge in Ontario have several possible sources of legal help, and it is not always obvious which one fits a given situation. This page briefly introduces the main categories of legal assistance available and links to more detailed guides on each. It does not replace those guides, and it is not a substitute for actually contacting one of these resources about a specific situation.
Hiring a Private Criminal Defence Lawyer
A private criminal defence lawyer is retained directly by the accused person, generally for a fee, and represents that person throughout the case. This is often the option that offers the most continuity, since the same lawyer typically handles the file from an early stage through to resolution or trial. See finding a lawyer for more on how this process generally works, including the Law Society of Ontario's referral service.
Legal Aid Ontario
Legal Aid Ontario can help cover the cost of a lawyer for people who qualify financially, most commonly through a certificate that can be used to retain a private lawyer who accepts legal aid clients. See how Legal Aid Ontario works for criminal charges for eligibility and the application process.
Duty Counsel
Duty counsel are Legal Aid Ontario lawyers available at the courthouse to provide free, immediate, but generally limited help, such as explaining a charge, assisting at a first appearance, or helping with a bail hearing when someone does not yet have their own lawyer. See duty counsel for more detail on what they can and cannot do.
Community Legal Clinics
Ontario has a province-wide network of community legal clinics, funded by Legal Aid Ontario, that provide free legal help to people with lower incomes. These clinics generally focus on areas such as housing, employment, and income-support programs like the Ontario Disability Support Program (ODSP), rather than criminal defence work itself. That said, some clinics assist with criminal-adjacent issues, such as the impact of a criminal record on housing or benefits, so they can be a useful resource alongside, not instead of, criminal defence counsel. Legal Aid Ontario's website can help identify the clinic serving a specific area.
Law Society of Ontario Lawyer Referral Service
The Law Society of Ontario operates a referral service that connects Ontario residents with a lawyer or paralegal for a free consultation of up to thirty minutes. It can be a useful starting point for someone who does not already know a criminal defence lawyer. See finding a lawyer for more on how referral services fit alongside other ways of finding representation, and the official resources page for a link to the Law Society of Ontario directly.
Choosing the Right Option
Which of these options makes sense depends on the stage of a case, financial circumstances, and how much ongoing representation is needed. Someone who has just been arrested and needs immediate guidance may start with duty counsel, while someone who qualifies financially and needs ongoing representation may look into a Legal Aid Ontario certificate. Someone who does not qualify for legal aid, or who wants to choose their own lawyer directly, will generally look at hiring a private criminal defence lawyer, potentially using the Law Society's referral service as a starting point.
These categories are not mutually exclusive. It is common, for example, to speak with duty counsel at a first appearance while separately applying for Legal Aid Ontario or looking for a private lawyer.