Justice Systems (Legal Information for Indigenous People): Difference between revisions

== Circuit court in remote communities ==

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.

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.

“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.

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:  

== Legal aid eligibility ==

You can get legal information, legal advice and potentially legal representation from Legal Aid BC.

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

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.

Remote communities call Virtual I.J.C. 1-866-786-0081

'''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.

<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>

* '''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.

* '''Youth''' charges may be referred by police to diversion or Restorative Justice programs - called an extrajudicial measure.

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.

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.

* The Gladue reports program in BC is administered and managed by the BC First Nations Justice Council.

Gladue Services 1-877-602-4858

:'''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'''.

:'''CAUTION:''' Gladue reports can be traumatic for some individuals and their families. Family and community members may be interviewed to help with the report.

* Training is available through the Indigenous Perspectives Society: 250-391-0007

* Training is 10 weeks and costs $1800

== Indigenous courts ==

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.

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.

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.

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

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.