I Want My Criminal Case to Be Dealt with in First Nations Court: Difference between revisions
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I Want My Criminal Case to Be Dealt with in First Nations Court (view source)
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Things to consider before you choose First Nations Court: | Things to consider before you choose First Nations Court: | ||
* Do not assume that you will get a | * Do not assume that you will get a ''lighter'' sentence in First Nations Court. The Elders and the Judge want to help you in a healing journey but will hold you accountable for what you did. | ||
* The Elders will speak directly to you and expect you to answer their questions. | * The Elders will speak directly to you and expect you to answer their questions. | ||
== First steps == | == First steps == | ||
# Before you decide to plead guilty, make sure to review the charges against you (the | # Before you decide to plead guilty, make sure to review the charges against you (the ''information'') and the report prepared by the police (''circumstances'' or ''disclosure''). You can usually get these at your first court appearance. If possible, review these documents with a lawyer before entering your plea. You can ask the court for an adjournment (delay) for a number of days to give you time to do so. | ||
# If you decide to plead guilty and want to have your sentencing in First Nations Court, tell that to the judge at your next court appearance. A lawyer or Native Courtworker can help you make the request and may even help you make arrangements to attend First Nations Court. | # If you decide to plead guilty and want to have your sentencing in First Nations Court, tell that to the judge at your next court appearance. A lawyer or Native Courtworker can help you make the request and may even help you make arrangements to attend First Nations Court. | ||
If the offence occurred in part of the Province where there is no First Nations Court, you may be able to have your sentencing | If the offence occurred in part of the Province where there is no First Nations Court, you may be able to have your sentencing ''waived'' to one of the First Nations Court locations. You will have to complete a ''Request for Waiver'' form. You can get one of these forms from the court or a court registry. For more information on waiving your case from one location to another, see the article in this wikibook, [[I've been charged with a criminal (or youth) offence and have to go to court and want to move the case closer to home]]. Please note that Crown Counsel (the prosecutor) can decide to approve or refuse the waiver request. | ||
== What happens next == | == What happens next == | ||
