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

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Justice Systems (Legal Information for Indigenous People) (view source)

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Family, Child Protection, Criminal, Motor Vehicle Act and Small Claims are all heard at Circuit Court. Family matters include child guardianship, parenting time and responsibilities, child and spousal support, protection orders, etc. Regulatory offenses under the Wildlife Act (provincial) and Fisheries Act (federal) are also dealt with at Circuit Court. These can include harvesting offenses.
Family, Child Protection, Criminal, Motor Vehicle Act and Small Claims are all heard at Circuit Court. Family matters include child guardianship, parenting time and responsibilities, child and spousal support, protection orders, etc. Regulatory offenses under the Wildlife Act (provincial) and Fisheries Act (federal) are also dealt with at Circuit Court. These can include harvesting offenses.
== Legal Supports ==
For the remote communities of the Central Coast, understanding and engaging the law is impeded by physical isolation, overburdened circuit courts, rotating police forces and cultural differences in dispute resolution. Courts can raise a lot of anxiety. People need to understand what they are facing, what options are possible and what support is available.
There are a growing number of legal resources to support people who are
* being charged with a criminal or harvesting offense,
* dealing with the MCFD on a child protection concern, or
* coming before the court to ask for help with a contested family matter.
=== Legal Aid BC Lawyers ===
“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
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: www.povnet.org/find-an-advocate and www.legalaid.bc.ca/legal_aid/communityPartners
Coming up, this Indigenous-specific programming:
Native Courtworkers, p.8
Indigenous Justice Centres (IJC), p.8
Restorative Justice Programs, p.9
Gladue Services, p.10-11
Indigenous Courts, p.12


== Legal supports ==
== Legal supports ==
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https://legalaid.bc.ca/legal_aid/legalAdvice
https://legalaid.bc.ca/legal_aid/legalAdvice


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:  
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* You meet income requirements.
* You meet income requirements.
* MCFD or a delegated Aboriginal agency has taken or threatened to take your child away from you.
* MCFD or a delegated Aboriginal agency has taken or threatened to take your child away from you.
You will need to gather the following information:
* Proof of Income (pay stubs, social assistance slips, bank statements)
* Name of Social Worker
* Court dates or Investigation details
Get legal advice as soon as possible when dealing with Ministry of Children and Family Development (MCFD).
=== Criminal matters ===
You are eligible if:
* You meet income requirements.
* Crown in seeking jail time.
You will need to gather the following information:
* Your legal issue and the charges from the police
* Your Promise to Appear
* Proof of Income (pay stubs, social assistance slips, bank statements)
* Initial Sentencing Position issued by the Crown (states whether facing jail time)
You could get “early referral contracts” for legal advice, if the crown is not seeking jail.
Youth have a right to a Legal Aid lawyer but they need to call Legal Aid to get one referred.
=== Harvesting offences ===
You are eligible if:
* You meet income requirements.
* You are Indigenous (Status or non-Status).
* The charge affects your ability to follow a traditional livelihood of hunting and fishing.
You will need proof of income and the ticket information.
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