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

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(Created page with "{{Ambox | 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 == Smaller and more remote communities are often on a Circuit Cou...")
 
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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


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


Coming up, this Indigenous-specific programming:
Coming up, this Indigenous-specific programming:
* Native Courtworkers, p.8
* Native Courtworkers, [insert: p.8]
* Indigenous Justice Centres (IJC), p.8
* Indigenous Justice Centres (IJC), [insert: p.8]
* Restorative Justice Programs, p.9
* Restorative Justice Programs, [insert: p.9]
* Gladue Services, p.10-11
* Gladue Services, [insert: p.10-11]
* Indigenous Courts, p.12
* Indigenous Courts, [insert: p.12]

Revision as of 00:28, 5 January 2023

Circuit Court in Remote Communities[edit]

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.

[pic]

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[edit]

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[edit]

“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:

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]