If you identify as Aboriginal and you plead guilty to a crime, you may be able to have your bail or sentencing hearing in one of BC's First Nations/Indigenous Courts. You may be brought into a First Nations/Indigenous Court by referral from a judge, defense lawyer, or Crown lawyer. Or you can request to go to First Nations/Indigenous Court. It’s your choice to have your matter heard in First Nations/Indigenous Court. Talk to your lawyer or First Nations/Indigenous Court duty counsel about what’s best for you.
First Nations/Indigenous Courts are criminal sentencing courts that use restorative justice and traditional ways to reach balance and healing. BC's First Nations/Indigenous Courts are often called Gladue courts.
First Nations/Indigenous Courts focus on balancing rehabilitation, accountability, and healing. With the advice of Elders and your community, the judge creates a healing plan to help restore your mental, physical, spiritual, and emotional health.
You may still be sentenced to jail. If you are sentenced to jail, the judge must still consider your unique circumstances in their decision.
What happens at First Nations/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, and
- other impacted community members.
Other people with a role in the court may also speak, including:
- social workers,
- Native Courtworkers,
- counsellors,
- probation officers,
- victim services workers,and
- police officers.
After everyone who wants to speak has had an opportunity, the judge talks with everyone to come up with a healing plan.
Restoring Elders in Justice explains the role of Elders in First Nations/Indigenous Court.
How a healing plan helps
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 may have to go to sweats or a healing circle, or do community service); and
- 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.
First Nations Court explains restorative justice. This video includes a re-enactment of a First Nations Court session in New Westminster.
How to transfer your case to First Nations/Indigenous Court
You may be able to have your case transferred to a First Nations/Indigenous Court if:
- you identify as Aboriginal, AND
- you're pleading 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.
Aboriginal community legal workers — Give legal information and limited advice services
Legal information outreach workers — Give legal information and make referrals
First Nations Court duty counsel — Give free legal advice about having your case transferred to First Nations Court and the charges against you