5,483
edits
Difference between revisions of "Justice Systems (Legal Information for Indigenous People)"
Jump to navigation
Jump to search
Justice Systems (Legal Information for Indigenous People) (view source)
Revision as of 21:46, 14 March 2023
, 21:46, 14 March 2023no edit summary
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 104: | Line 104: | ||
You can get legal information, legal advice and potentially legal representation from Legal Aid BC. | You can get legal information, legal advice and potentially legal representation from Legal Aid BC. | ||
https://legalaid.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel | [https://legalaid.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel legalaid.bc.ca] | ||
Plain language publications about court matters: the “Defending Yourself” series, “Gladue and You,” etc. available at https://legalaid.bc.ca/publications | Plain language publications about court matters: the “Defending Yourself” series, “Gladue and You,” etc. available at [https://legalaid.bc.ca/publications legalaid.bc.ca] | ||
Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid. | Call a Native Court Worker, Community Partner or Legal Advocate to help you apply for Legal Aid. | ||
=== Native court workers === | === Native court workers === | ||
https://nccabc.ca | *[https://nccabc.ca nccabc.ca] | ||
1-877-811-1190 all BC | *1-877-811-1190 all BC | ||
+Ext 362 - Williams Lake | *+Ext 362 - Williams Lake | ||
+Ext 356 - Bella Bella/Klemtu''' | *+Ext 356 - Bella Bella/Klemtu''' | ||
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. | 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. | ||
| Line 147: | Line 147: | ||
* '''Youth''' charges may be referred by police to diversion or Restorative Justice programs - called an extrajudicial measure. | * '''Youth''' charges may be referred by police to diversion or Restorative Justice programs - called an extrajudicial measure. | ||
For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. https://bcfnjc.com/directory-services | For a listing of Restorative Justice Programs throughout the Province see the BC First Nations Justice Council website. [https://bcfnjc.com/directory-services bcfnjc.com] | ||
== Gladue reports == | == Gladue reports == | ||
<BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails."< | <BLOCKQUOTE>"Gladue Reports document an offender’s unique struggles as a survivor of colonialism. The purpose of these reports is to assist the court in finding alternatives to prison, and in turn, decrease the overrepresentation of Indigenous people in Canadian jails." | ||
'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021''' | </BLOCKQUOTE> | ||
'''– Honourable Harry S. LaForme, ''First Peoples Law Report'', Nov 24, 2021''' | |||
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. | 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. | ||
| Line 167: | Line 168: | ||
=== How to obtain a report === | === How to obtain a report === | ||
https://bcfnjc.com/information-for-the-public | [https://bcfnjc.com/information-for-the-public bcfnjc.com] | ||
* The Gladue reports program in BC is administered and managed by the BC First Nations Justice Council. | * The Gladue reports program in BC is administered and managed by the BC First Nations Justice Council. | ||
| Line 176: | Line 177: | ||
Gladue Services 1-877-602-4858 | 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'''. | :'''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'''. | ||
| Line 186: | Line 185: | ||
* Training is available through the Indigenous Perspectives Society: 250-391-0007 | * Training is available through the Indigenous Perspectives Society: 250-391-0007 | ||
* Training is 10 weeks and costs $1800 | * Training is 10 weeks and costs $1800 | ||
https://ipsociety.ca | [https://ipsociety.ca ipsociety.ca] | ||
== Indigenous courts == | == Indigenous courts == | ||
| Line 192: | Line 191: | ||
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. | 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. | ||
<BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place."< | <BLOCKQUOTE>"In First Nations/Indigenous Court, the judge, your lawyer, Crown counsel (government lawyer), Indigenous community members, and your family work with you to come up with a healing plan. A healing plan is a way to help you, your community, and the victim of your crime move on. You have to accept responsibility for your actions and work on issues that may have contributed to get you in trouble with the law in the first place." | ||
'''– ''Gladue and You'', Legal Aid BC''' | </BLOCKQUOTE> | ||
'''– ''Gladue and You'', Legal Aid BC''' | |||
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. | 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. | ||
| Line 199: | Line 199: | ||
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. | 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. | ||
First Nations Court information taken from https://aboriginal.legalaid.bc.ca/courts-criminal-cases/first-nations-court | First Nations Court information taken from [https://aboriginal.legalaid.bc.ca/courts-criminal-cases/first-nations-court aboriginal.legalaid.bc.ca] | ||
For more details check out the Legal Aid BC online publication “What’s First Nations Court?” | For more details check out the Legal Aid BC online publication “What’s First Nations Court?” | ||