First Nations Court

First Nations Court focuses on community and healing. First Nations Court takes a restorative justice approach to sentencing.

Restorative justice means:

• The judge works with you and your community to come up with a sentence other than jail when possible.
• Your sentence is meant to restore balance to you, make amends to the victim(s), and heal your community.
• You and your lawyer work with others to come up with a healing plan.

Before deciding on your sentence or bail conditions, the judge thinks about:

• your background
• your current needs
• where you can get help for the challenges that brought you to court

The judge might order the following information to guide their decision:

• Gladue submissions (oral or written statements about you as an Aboriginal person)
• Forensic psychiatric assessments (assessment and report by a doctor)
• Pre-sentence report, written by a probation officer
• Gladue report, written by a Gladue report writer

BC First Nations/Indigenous Courts are in the locations listed below. Court is usually held once a month at each location. Click the links below and scroll down for information on 2019 court sitting dates.

• Duncan
• Cknúcwentn — Kamloops (the place where help is given)
• Nicola Valley Indigenous Court — Merritt
• New Westminster
• Chet wa nexwníw̓ ta S7eḵw’í7tel — North Vancouver (we are giving family good advice)
• Prince George Indigenous Court

You work with a team of people to come up with a healing plan. You can bring family, friends, community members, and other support people to First Nations/Indigenous Court with you. They don't have to speak out in court. But everyone has a chance to be heard, including

• Elders
• you
• your lawyer
• duty counsel, if you don't have a lawyer
• your family
• your friends or a support person
• members of your community, or the community in which the harm occurred
• the victim
• the victim's family
• other affected community members

Other people with a role in the court might also speak, including:

• social workers
• Native courtworkers
• counsellors
• probation officers
• victim services workers
• police officers

After everyone who wants to speak has had the opportunity, the judge talks with everyone to come up with a healing plan.

A healing plan:

• helps you, your community, and the victims of your crime to heal and move on
• helps you work on the challenges that got you into trouble with the law in the first place (for example, you might have to go to sweats or a healing circle, or do community service)
• requires you to take responsibility for your actions

In most First Nations/Indigenous Courts, you return to the court several times, so the judge and Elders can see your progress with your healing plan.

You might be able to have your case transferred to a First Nations/Indigenous Court if:

• you identify as Aboriginal, and
• you plead guilty to a criminal offence.

You or your lawyer can call First Nations Court duty counsel to see if you can go to First Nations/Indigenous Court. They can tell you how to get your case transferred there. They can answer any questions you have about First Nations/Indigenous Court.

604-601-6074 (Greater Vancouver)

1-877-601-6066 (elsewhere in BC)

It’s your choice to have your matter heard in First Nations/Indigenous Court. Talk to your lawyer or First Nations Court duty counsel about what’s best for you.

It's a very good idea to get legal advice on or before your day in court. Duty counsel can give you free legal advice about:

• the charges against you
• court procedures
• your legal rights 

Duty counsel can help you if:

• you can't get a legal aid lawyer
• you haven't yet applied for legal aid.

Duty counsel can also represent you at a bail hearing. If there's time, they can help you with a guilty plea. Don't plead guilty without getting legal advice first.

First Nations Court duty counsel can help you. They do everything duty counsel does and can also:

• tell you how to apply to have your case transferred to First Nations/Indigenous Court
• represent you at your bail hearing in First Nations/Indigenous Court
• go to your sentencing hearing in First Nations/Indigenous Court

A legal information outreach worker can help you at First Nations Court in New Westminster. They can give you legal information and refer you to other services.