Justice Systems (Legal Information for Indigenous People)

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.

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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.

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, [insert: p.8]
• Indigenous Justice Centres (IJC), [insert: p.8]
• Restorative Justice Programs, [insert: p.9]
• Gladue Services, [insert: p.10-11]
• Indigenous Courts, [insert: p.12]

Legal aid eligibility

You are eligible if:

• You have a legal problem in the following legal aid coverage areas:
  • criminal charges
  • harvesting offenses
  • serious family problems
  • child protection matters
  • mental health
  • prison issues
  • immigration and refugee issues
• Your net monthly household income is at or below financial guidelines (depends on legal issue and household size).
• You match the criteria required for your specific legal aid coverage area.

To apply call 1-866-577-2525 (Legal Aid BC).

Family matters

You are eligible if:

• You meet income requirements.
• Your family matter is urgent: e.g. denial of access to child, violence, taking child from jurisdiction, etc.

You will need to have the following information:

• Proof of Income (pay stubs, social assistance slips, bank statements)
• Why/ how your matter is urgent. Call a Legal Advocate for help with this.

Child protection matters

You are eligible if:

• You meet income requirements.
• 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.

CONTINUE ON P. 8

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."