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First Nations Court
The First Nations Court of British Columbia is a Gladue court located in New Westminster, BC. If you self-identify as Aboriginal, and are pleading guilty to or have been found guilty of a criminal offence, you may be able to have your case transferred to First Nations Court. The Court handles bail or sentencing hearings and related child protection matters.
First Nations Court takes a restorative justice approach to sentencing. This means that the goal is to strengthen and heal both you and your community. The judge, Crown counsel, Aboriginal community members, and your family will work together with you and your lawyer to come up with a healing plan that is appropriate for you. Others who speak at the court may include social workers, counsellors, court workers, probation officers, police officers, and the victim and the victim's family. The court considers your background, your current needs, and what resources are available to help you. You must be prepared to take responsibility for your actions and work on addressing the issues that got you into trouble with the law in the first place. You will return several times to the court, so the judge can see your progress with your healing plan.
Applying to First Nations Court
For more information about transferring your case to the court, contact the First Nations Court duty counsel at 1-877-601-6066 (call no charge from anywhere in BC). LSS duty counsel are lawyers who give free legal advice on or before the day of court. The duty counsel can help you apply to the court, and help you find a lawyer and someone to write your Gladue report. LSS also has a legal information outreach worker available to help you at the court. First Nations Court is open one day each month.
First Nations Court
651 Carnarvon Street
New Westminster, BC
V3M 1C9
Note: It’s your choice whether you apply to have your matter heard in First Nations Court. Talk to your lawyer or the First Nations Court duty counsel about what’s best for you.
Below are some more links to resources related to First Nations Court.
LSS online and print resources
Are you Aboriginal? (fact sheet)
Gladue Primer (booklet)
Related resources
Are You Aboriginal? (publication of CLEONet — Community Legal Education Ontario)
First Nations Court of BC, article by the Honourable Judge Marion Buller Bennett
Aboriginal Courts in Canada (fact sheet and research paper), SCOW Institute
Native Courtworker and Counselling Association of BC. This association provides culturally appropriate services to Aboriginal people involved in the criminal justice system.
What if I don't live near New Westminster?
You can still have your matter heard in First Nations Court even if you live outside the Lower Mainland. You will need to be able to travel to New Westminster, or get special permission to participate by telephone or videoconference.