Justice Systems (Legal Information for Indigenous People) - Revision history

Desy Wahyuni at 21:53, 14 March 2023

2023-03-14T21:53:21Z

← Older revision		Revision as of 21:53, 14 March 2023
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	== Gladue reports ==		== Gladue reports ==

	<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."		<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."
			'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021'''
	</BLOCKQUOTE>		</BLOCKQUOTE>
	~~'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021'''~~

	Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858.		Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858.
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	<BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place."		<BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place."
			'''– ''Gladue and You'', Legal Aid BC'''
	</BLOCKQUOTE>		</BLOCKQUOTE>
	~~'''– ''Gladue and You'', Legal Aid BC'''~~

	The judge looks at the harm you caused to victims, your background, your needs now, and how a healing plan can be made for you and your community.		The judge looks at the harm you caused to victims, your background, your needs now, and how a healing plan can be made for you and your community.

Desy Wahyuni at 21:46, 14 March 2023

2023-03-14T21:46:30Z

← Older revision		Revision as of 21:46, 14 March 2023
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	You can get legal information, legal advice and potentially legal representation from Legal Aid BC.		You can get legal information, legal advice and potentially legal representation from Legal Aid BC.
	https://legalaid.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel		[https://legalaid.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel legalaid.bc.ca]

	Plain language publications about court matters: the “Defending Yourself” series, “Gladue and You,” etc. available at https://legalaid.bc.ca/publications		Plain language publications about court matters: the “Defending Yourself” series, “Gladue and You,” etc. available at [https://legalaid.bc.ca/publications legalaid.bc.ca]

	Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid.		Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid.

	=== Native court workers ===		=== Native court workers ===
	https://nccabc.ca~~<BR>~~		*[https://nccabc.ca nccabc.ca]
	1-877-811-1190 all BC~~<BR>~~		*1-877-811-1190 all BC
	+Ext 362 - Williams Lake~~<BR>~~		*+Ext 362 - Williams Lake
	+Ext 356 - Bella Bella/Klemtu'''		*+Ext 356 - Bella Bella/Klemtu'''

	Native Courtworkers can assist you at every stage of the court process. The purpose of the Native Courtworker is to facilitate and enhance access to justice by assisting Indigenous people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment.		Native Courtworkers can assist you at every stage of the court process. The purpose of the Native Courtworker is to facilitate and enhance access to justice by assisting Indigenous people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment.
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	* '''Youth''' charges may be referred by police to diversion or Restorative Justice programs - called an extrajudicial measure.		* '''Youth''' charges may be referred by police to diversion or Restorative Justice programs - called an extrajudicial measure.

	For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. https://bcfnjc.com/directory-services		For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. [https://bcfnjc.com/directory-services bcfnjc.com]

	== Gladue reports ==		== Gladue reports ==

	<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."<BR>		<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."
	'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021'''~~</BLOCKQUOTE>~~		</BLOCKQUOTE>
			'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021'''

	Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858.		Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858.
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	=== How to obtain a report ===		=== How to obtain a report ===
	https://bcfnjc.com/information-for-the-public		[https://bcfnjc.com/information-for-the-public bcfnjc.com]

	* The Gladue reports program in BC is administered and managed by the BC First Nations Justice Council.		* The Gladue reports program in BC is administered and managed by the BC First Nations Justice Council.
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	Gladue Services 1-877-602-4858		Gladue Services 1-877-602-4858

	~~'''ISSUE - MISSING BC FIRST NATIONS JUSTICE COUNCIL BCFNJC "JUSTICE THROUGH SELF-DETERMINATION"'''~~

	:'''NOTE:''' Please note they can take up to 8 weeks to complete. It is your '''right''' to request a report, but they are not '''required'''.		:'''NOTE:''' Please note they can take up to 8 weeks to complete. It is your '''right''' to request a report, but they are not '''required'''.
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	* Training is available through the Indigenous Perspectives Society: 250-391-0007		* Training is available through the Indigenous Perspectives Society: 250-391-0007
	* Training is 10 weeks and costs $1800		* Training is 10 weeks and costs $1800
	https://ipsociety.ca		[https://ipsociety.ca ipsociety.ca]

	== Indigenous courts ==		== Indigenous courts ==
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	If you identify as Indigenous and plead guilty or are found guilty of a crime, you might be able to have your bail or sentencing hearing in a First Nations/Indigenous Court in BC. Indigenous Courts are available to status and non-status people, First Nations, Métis, and Inuit, living on or off reserve. You have the choice to have your matter heard there. Talk to your lawyer or Indigenous Court duty counsel (1-877-601-6066) about what’s best for you. You could be brought into an Indigenous Court by referral from a judge, defense lawyer, or Crown Counsel.		If you identify as Indigenous and plead guilty or are found guilty of a crime, you might be able to have your bail or sentencing hearing in a First Nations/Indigenous Court in BC. Indigenous Courts are available to status and non-status people, First Nations, Métis, and Inuit, living on or off reserve. You have the choice to have your matter heard there. Talk to your lawyer or Indigenous Court duty counsel (1-877-601-6066) about what’s best for you. You could be brought into an Indigenous Court by referral from a judge, defense lawyer, or Crown Counsel.

	<BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place."<BR>		<BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place."
	'''– ''Gladue and You'', Legal Aid BC'''~~</BLOCKQUOTE>~~		</BLOCKQUOTE>
			'''– ''Gladue and You'', Legal Aid BC'''

	The judge looks at the harm you caused to victims, your background, your needs now, and how a healing plan can be made for you and your community.		The judge looks at the harm you caused to victims, your background, your needs now, and how a healing plan can be made for you and your community.
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	Indigenous Courts are in Duncan, Kamloops, Merritt, New Westminster, North Vancouver, and Prince George and there may be more locations in the future. Indigenous Court is usually held once a month at each location.		Indigenous Courts are in Duncan, Kamloops, Merritt, New Westminster, North Vancouver, and Prince George and there may be more locations in the future. Indigenous Court is usually held once a month at each location.

	First Nations Court information taken from https://aboriginal.legalaid.bc.ca/courts-criminal-cases/first-nations-court		First Nations Court information taken from [https://aboriginal.legalaid.bc.ca/courts-criminal-cases/first-nations-court aboriginal.legalaid.bc.ca]

	For more details check out the Legal Aid BC online publication “What’s First Nations Court?”		For more details check out the Legal Aid BC online publication “What’s First Nations Court?”

Desy Wahyuni: /* Legal Aid BC lawyers */

2023-03-14T21:40:47Z

Legal Aid BC lawyers

← Older revision		Revision as of 21:40, 14 March 2023
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	“Duty Counsel” lawyers can give you basic advice about your legal rights, obligations and the court process. You can also apply to Legal Aid BC to have a lawyer appointed to represent you for family, child protection, criminal matters and harvesting offenses.		“Duty Counsel” lawyers can give you basic advice about your legal rights, obligations and the court process. You can also apply to Legal Aid BC to have a lawyer appointed to represent you for family, child protection, criminal matters and harvesting offenses.

	https://legalaid.bc.ca/legal_aid/legalAdvice		[https://legalaid.bc.ca/legal_aid/legalAdvice legalaid.bc.ca]

	If you need help applying for a legal aid lawyer, Legal Aid BC '''Community Partners''' and Law Foundation of BC '''Legal Advocates''' can help with your application. They can also provide legal information and advocacy on a wide range of matters. Legal Advocates such as these provide free and confidential services throughout the province.		If you need help applying for a legal aid lawyer, Legal Aid BC '''Community Partners''' and Law Foundation of BC '''Legal Advocates''' can help with your application. They can also provide legal information and advocacy on a wide range of matters. Legal Advocates such as these provide free and confidential services throughout the province.

	For legal advocacy near you, see:		For legal advocacy near you, see:
	* https://povnet.org/find-an-advocate and		* [https://povnet.org/find-an-advocate povnet.org] and
	* https://legalaid.bc.ca/legal_aid/communityPartners		* [https://legalaid.bc.ca/legal_aid/communityPartners legalaid.bc.ca]

	== Legal aid eligibility ==		== Legal aid eligibility ==

Desy Wahyuni at 21:38, 14 March 2023

2023-03-14T21:38:06Z

← Older revision		Revision as of 21:38, 14 March 2023
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	Smaller and more remote communities are often on a Circuit Court system. In Bella Coola and Bella Bella, for example, the Provincial Circuit Court sits every 3 months for 3-4 days and every 6 months in Klemtu, for a day. What this means is that there is no regular sitting BC Provincial Court here. Rather, a traveling court team comes to town for regular scheduled sittings. “Court” means one room of trestle tables occupied by lawyers, clerks, Sheriffs and the Judge and rows of chairs filled with waiting community members.		Smaller and more remote communities are often on a Circuit Court system. In Bella Coola and Bella Bella, for example, the Provincial Circuit Court sits every 3 months for 3-4 days and every 6 months in Klemtu, for a day. What this means is that there is no regular sitting BC Provincial Court here. Rather, a traveling court team comes to town for regular scheduled sittings. “Court” means one room of trestle tables occupied by lawyers, clerks, Sheriffs and the Judge and rows of chairs filled with waiting community members.

	~~'''~~[~~insert~~: ~~pic~~]~~'''~~		[[File:Legal Information for Indigenous People Circuit Court in Bella Coola.png\| right \| frame \| link= \|alt=An illustration of the circuit court in Bella Coola\|<span style="font-size:60%;">Circuit Court in Bella Coola, Provincial Court of BC www.provincialcourt.bc.ca</span>]]

	In these communities a 3-month Circuit can mean people could wait for 3 months to have their matter started, much less resolved. Sometimes it can mean 3 months until people are able to speak with a lawyer for anything beyond summary advice on the telephone. Having said that, some matters can be resolved more quickly. Remand court happens monthly with video court appearances being heard in Vancouver Provincial Court. Criminal matters can go from First Appearance to trial within a year, and other dispositions even more quickly. Because the Circuit has 2 family counsel available, family matters can sometimes be resolved via collaborative mediated processes, and through access to the court for family conferences, etc.		In these communities a 3-month Circuit can mean people could wait for 3 months to have their matter started, much less resolved. Sometimes it can mean 3 months until people are able to speak with a lawyer for anything beyond summary advice on the telephone. Having said that, some matters can be resolved more quickly. Remand court happens monthly with video court appearances being heard in Vancouver Provincial Court. Criminal matters can go from First Appearance to trial within a year, and other dispositions even more quickly. Because the Circuit has 2 family counsel available, family matters can sometimes be resolved via collaborative mediated processes, and through access to the court for family conferences, etc.

Desy Wahyuni at 22:00, 13 March 2023

2023-03-13T22:00:17Z

← Older revision		Revision as of 22:00, 13 March 2023
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	{{~~Ambox~~		{{Legal Information for Indigenous People TOC}}
	~~\| name = Ambox~~
	~~\| text = '''EDITS IN PROGRESS''' <br/>This wikibook, ''[[~~Legal Information for Indigenous People~~]]'', is still under development. The content on this page may be incomplete. For the complete version, [https://www.clicklaw.bc.ca/resource/5012 download the PDF version via Clicklaw].~~
	~~\| type = content~~
	~~\| textstyle = color: #000000~~
	}}

	== Circuit court in remote communities ==		== Circuit court in remote communities ==
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	Personal information of a youth offender is kept confidential. This means the identity of a youth offender cannot be published and access to youth records is very limited.		Personal information of a youth offender is kept confidential. This means the identity of a youth offender cannot be published and access to youth records is very limited.

			{{Legal Information for Indigenous People Navbox}}

Desy Wahyuni: /* Interested in becoming a Gladue Report Writer? */

2023-02-22T01:02:43Z

Interested in becoming a Gladue Report Writer?

← Older revision		Revision as of 01:02, 22 February 2023
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	:'''CAUTION:''' Gladue reports can be traumatic for some individuals and their families. Family and community members may be interviewed to help with the report.		:'''CAUTION:''' Gladue reports can be traumatic for some individuals and their families. Family and community members may be interviewed to help with the report.

	=== Interested in becoming a Gladue ~~Report Writer~~? ===		=== Interested in becoming a Gladue report writer? ===
	* Training is available through the Indigenous Perspectives Society: 250-391-0007		* Training is available through the Indigenous Perspectives Society: 250-391-0007
	* Training is 10 weeks and costs $1800		* Training is 10 weeks and costs $1800

Desy Wahyuni: /* How to obtain a report: */

2023-02-22T01:02:26Z

How to obtain a report:

← Older revision		Revision as of 01:02, 22 February 2023
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	Courts are to consider Indigenous backgrounds and consider all available sanctions besides imprisonment. Sanctions must be reasonable and consistent with harm done to the victim or community.		Courts are to consider Indigenous backgrounds and consider all available sanctions besides imprisonment. Sanctions must be reasonable and consistent with harm done to the victim or community.

	=== How to obtain a report: ===		=== How to obtain a report ===
	https://bcfnjc.com/information-for-the-public		https://bcfnjc.com/information-for-the-public

Desy Wahyuni: /* Native Court Workers */

2023-02-22T01:01:31Z

Native Court Workers

← Older revision		Revision as of 01:01, 22 February 2023
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	Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid.		Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid.

	=== Native ~~Court Workers~~ ===		=== Native court workers ===
	https://nccabc.ca<BR>		https://nccabc.ca<BR>
	1-877-811-1190 all BC<BR>		1-877-811-1190 all BC<BR>

Desy Wahyuni: /* Gladue Reports */

2023-02-22T01:01:01Z

Gladue Reports

← Older revision		Revision as of 01:01, 22 February 2023
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	For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. https://bcfnjc.com/directory-services		For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. https://bcfnjc.com/directory-services

	== Gladue ~~Reports~~ ==		== Gladue reports ==

	<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."<BR>		<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."<BR>

Desy Wahyuni: /* Restorative Justice */

2023-02-22T01:00:43Z

Restorative Justice

← Older revision		Revision as of 01:00, 22 February 2023
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	Remote communities call Virtual I.J.C. 1-866-786-0081		Remote communities call Virtual I.J.C. 1-866-786-0081

	== Restorative ~~Justice~~ ==		== Restorative justice ==

	'''Restorative Justice''' refers to justice systems that focus on accountability, healing and the restoration of balance. The justice systems of Indigenous people have traditionally drawn their justice practices from cultural values such as these. As colonization replaced Indigenous systems with a criminal justice system prioritizing punishment and incarceration, restorative justice outcomes for Indigenous peoples plummeted. There have been attempts to reform the justice system with diversion programs that take criminal matters from the courts and divert them to alternative processes. This is often seen with Youth offenders. More recently, we have seen more Indigenous community-based justice programs offering culturally-based responses to harms (crimes) that occur in their communities.		'''Restorative Justice''' refers to justice systems that focus on accountability, healing and the restoration of balance. The justice systems of Indigenous people have traditionally drawn their justice practices from cultural values such as these. As colonization replaced Indigenous systems with a criminal justice system prioritizing punishment and incarceration, restorative justice outcomes for Indigenous peoples plummeted. There have been attempts to reform the justice system with diversion programs that take criminal matters from the courts and divert them to alternative processes. This is often seen with Youth offenders. More recently, we have seen more Indigenous community-based justice programs offering culturally-based responses to harms (crimes) that occur in their communities.
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	<BLOCKQUOTE>Restorative Justice programs allow for justice processes such as restitution, healing circles, circle sentencing, peace keeping circles, participation in community or cultural events, isolation, banishment, ect.</BLOCKQUOTE>		<BLOCKQUOTE>Restorative Justice programs allow for justice processes such as restitution, healing circles, circle sentencing, peace keeping circles, participation in community or cultural events, isolation, banishment, ect.</BLOCKQUOTE>

	=== Restorative ~~Justice Resources~~ in the ~~Region~~ ===		=== Restorative justice resources in the region ===
	* '''Nuxalk Restorative Justice Program''' provides culturally based services to court-involved community members.		* '''Nuxalk Restorative Justice Program''' provides culturally based services to court-involved community members.
	* '''Nuxalk Safety Committee''' may make recommendations to the RCMP, the Court, Nuxalk Chief and Council, and Hereditary Leadership.		* '''Nuxalk Safety Committee''' may make recommendations to the RCMP, the Court, Nuxalk Chief and Council, and Hereditary Leadership.