Indigenous Sentencing Courts
There are nine specialized sentencing courts in BC for Indigenous people charged with criminal offences. These courts do not conduct trials. They are courts for people who identify as Indigenous, indicate an intention to plead guilty<p><span lang="EN-US">When a person admits (pleads guilty) or is found by the judge or judicial justice (found guilty) to have committed the crimes they are charged with.</span><span> </span></p> to a criminal offence<p><span lang="EN-US">An act that breaks a law that relates to how to behave in society. The harm caused by the act is seen to be against society as a whole, not just a specific person. Sometimes it refers to the specific law that was broken.</span><span> </span></p> and depending on the specific court, have Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p>'s agreement to participate.
Each Indigenous court is developed through extensive consultation, preparation and collaboration with local First Nations, and is uniquely designed to meet the needs of the communities it serves. The Indigenous communities at large, Elders, Legal Aid BC, Government of BC, Crown and defence lawyers, Community Corrections, police and groups like the Native Courtworker and Counselling Association of BC are instrumental in this process.
Indigenous courts’ goals include:
- Acknowledging the history and recognizing the unique circumstances of Indigenous offenders within the framework of the Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span> </span></p> and other laws
- Examining the causes of an offender’s crime and using a collaborative, holistic approach for healing to help them avoid criminal behaviour in the future
- Acknowledging and repairing harm done to victims, families, and communities
Indigenous Elders play an important role in BC’s Indigenous courts, helping an offender create a healing plan, lending support and monitoring their progress. Elders act as advisors to the judge and provide support to the offender, but they also hold the offender accountable. Local Indigenous communities, their therapeutic resources, and those in the wider community offer support to victims and offenders.
Each Indigenous court is uniquely designed to meet the needs of the communities it serves. While procedures may vary, their approaches are similar.
Prayer or other ceremony
Court may begin and end with a prayer. It may include a ceremony used by Indigenous groups to cleanse the spirit and bring forth good energy, such as smudging. These ceremonies serve to acknowledge traditional Indigenous practices, engage with Indigenous culture, and ground the day ahead.
Court layout
Offenders (referred to as clients) usually sit in a circle with the judge, Elders, lawyers, and others. The circle may include victims, family members, and support people. Local Indigenous communities are encouraged to contribute to the proceedings.
Process
Participants discuss the offending behaviour and its impact. Clients share their backgrounds and special circumstances. Together, they create a healing plan that may be part of the judge’s sentence<p><span lang="EN-US">A court order setting out the consequences of being convicted of a crime. Sentences may include fines, community supervision or jail. </span><span> </span></p>.
Healing Plan
The healing plan is at the heart of BC’s Indigenous Courts. It balances the legal requirements of the traditional court system with Indigenous ways and laws. A healing plan can include both traditional and therapeutic forms of sentencing. For example, a probation<p><span lang="EN-US">Being supervised in the community and following certain rules (conditions) as part of a sentence.</span><span> </span></p> order might include attending sweat lodges, undergoing treatment for substance use disorder and steps to reconnect with an Indigenous community.
A client whose sentence includes a healing plan leaves court with two key responsibilities:
- To work with support and service providers
- To report their progress to the Court, usually every few months. When they do this, they receive feedback from Elders and the judge
Graduation
A client who successfully completes a healing plan graduates from the Indigenous Court and may have a blanket ceremony symbolizing a new beginning. The blanket represents strength against vulnerabilities and the unknown. When an Elder wraps someone in a ceremonial blanket, it symbolizes the client’s acceptance of responsibility, support, protection, growth and a welcoming back to the community.
In some cases, clients complete their healing plans while on bail<p><span lang="EN-US">An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”.</span><span> </span></p> and Crown counsel do not proceed with their charges.