Helping clients can transform their lives, says duty counsel Joshua Thon
Helping people navigate the court system in their hour of need is the most rewarding part of the job for Joshua Thon, criminal duty counsel in Barrie, Ontario.
Duty counsel are usually the first legal support for low-income clients (many of whom come from marginalized communities). When someone suddenly finds themselves in the justice system, it can feel complex and overwhelming. Duty counsel are legal professionals who can help them understand what’s happening, what options are available, and how to exercise their rights. This role is crucial in the justice system, helping reduce disruption and delay in the legal process for people in need and ensuring access to justice for all Canadians.
Coordinating bail for clients is a key part of the job for Joshua, who also goes by Josh. He has worked for Legal Aid Ontario (LAO) since 2022. He earned a law degree from the University of Toronto in 2011 and was called to the bar the next year. Josh then worked in commercial and insurance law for 10 years before joining LAO two years ago. His main tasks include preparing bail plans for newly arrested individuals, advocating on behalf of clients at bail hearings, and working with private counsel to move client matters forward in Simcoe Region.
Helping clients engage with the legal system
“I’m navigating the system to help people gain their freedom, which is gratifying,” says Josh. Assisting clients to obtain bail is especially rewarding, he adds, as our clients’ underlying charges are often due to mental health challenges, addiction issues, poverty and homelessness.
The most satisfying situations occur when he can teach clients and their families how to engage effectively with the legal system. “Thankfully, these sorts of interactions happen on a daily basis.”
His mantra is “to do the things I do best for the people who need it most. It’s important to have a good sense of your guiding principles so when you come across the more frustrating aspects of the job, you can find meaning for yourself and revisit those principles continually.”
Job challenges
The volume of work and the realities of the court system are challenges, says Josh. “We’re usually faced with more that needs to be done than we can ever complete in a day.”
Clients with significant mental health and addiction issues also present a challenge, he says. “Unfortunately, we talk to many people who can’t communicate or who can only yell or swear, and it’s heartbreaking. Their families are usually desperate for the system to intervene and assist, and we must explain the structural limitations of the system to them.”
Speaking to parents of children facing charges is especially difficult, he says, and occasionally he represents someone as young as 13. “I tell the parents that I realize I’m just stepping into their reality for a short time, so I have a limited understanding of everything they have contended with until this point. I hear apologies from parents who are at their wit’s end, and you tend to go home and hug your own kids a little harder on those days.”
Duty counsel as allies
Lawyers can sometimes be the target of criticism when people get frustrated with the justice system, Josh notes. “When someone argues with me as if I am the court itself, part of my job is to explain the process. I tell people to use me effectively, ask questions, and I will do what I can to take you where you want to go. I would like the public to know that duty counsel do our best to help people in very difficult circumstances, within the limitations of the system.”
People don’t always appreciate their lawyers, he adds. “When someone is embroiled in legal issues, they often see the lawyer as a necessary evil rather than a guide, help and support system. I try to explain to people that we’re on their side and sincerely trying to improve their circumstances.”
He recalls a particularly satisfying outcome a few months ago when a client with post-traumatic stress disorder faced a criminal charge, but Josh was able to obtain bail for him. “His charges were an indirect result of his mental health challenges, and I’m pleased that I was able to get him released.”
Family ties
Josh commends duty counsel across the province for their efforts to support clients, but he also extends praise to his own family. “When my family heard that I was routinely scouring my car for change and snacks to hand to newly released homeless people, they took it upon themselves to put together care packages we could give to them. It feels great to hand out a care package or hear that another duty counsel lawyer gave one to somebody who desperately needed it.”
