Counsel
Counsel is the general term for the lawyers in a criminal case. The term covers both Crown counsel (prosecutors) and defence counsel (representing the accused). When a court directs a question "to counsel" or refers to "counsel for the accused," it is referring to the lawyer acting on that side of the case. Many statutory provisions — and the Charter itself, in section 10(b) — use "counsel" rather than "lawyer."
Mass Tsang LLP is a defence firm: every lawyer in the firm advocates for the accused, never for the prosecution.
Crown counsel
Crown counsel — Crown attorneys, Crown prosecutors, or simply "the Crown" — represent the state in the prosecution. In Ontario, Crown counsel are employees of the Ministry of the Attorney General. Federal Crowns, handling drug, tax, and certain other prosecutions, are employees of the Public Prosecution Service of Canada. Crown counsel have a quasi-judicial role: their duty is not to seek conviction but to put forward the case fairly and to do justice. They have significant discretion in how charges are prosecuted, what resolutions are accepted, and what sentence is sought.
Defence counsel
Defence counsel represent the accused. The duty is to advocate fearlessly within the law for the client's interests — including challenging the Crown's evidence, raising defences, negotiating resolutions, and protecting Charter rights. Defence counsel are members of the law society of their province and bound by professional rules of conduct. They are entitled to all evidence relevant to the case through Crown disclosure and to access to their client in custody.
Duty counsel
Duty counsel are publicly funded lawyers available at courthouses and through Legal Aid Ontario to provide initial advice to accused persons who do not yet have private counsel or who cannot afford to retain one. Duty counsel can advise on bail, plea, sentencing, and procedural questions, and can represent on routine matters. They cannot provide ongoing representation for trial; that requires retained or Legal Aid-funded private counsel.
Right to counsel
Section 10(b) of the Charter guarantees the right to retain and instruct counsel without delay on arrest or detention, and to be informed of that right. The right is fundamental — improper implementation can lead to the exclusion of evidence and Charter remedies.
Related glossary terms
