Questions and words
Questions people ask, and what court words mean
Short, honest answers first. Then plain definitions of the words you will hear in and around court.
Questions
Do I have to plead guilty?
Yes. This court is for people who take responsibility, and the Provincial Court says you need to plan to plead guilty before your case can move there. Some sources describe it as accepting responsibility for what happened. Either way, talk to a lawyer first, every time.
Will I get a lighter sentence?
Do not count on it. A healing plan often asks more of you than a regular sentence, over a longer time. In most courts you return several times for reviews, and the Elders and the judge hold you accountable.
Do I lose my Gladue rights if I say no to this court?
No. Gladue comes from Canada's sentencing law, so it applies whenever a criminal court sentences an Indigenous person. Courts have extended Gladue principles to other parts of the criminal process too, like bail. If you choose regular court, the judge there still has to consider your circumstances as an Indigenous person.
Can my family come?
Yes. You can bring family, friends, community members, Elders, and other support people. They will have a chance to speak in court if they want to.
Is this court only for First Nations people?
No. It is for anyone who identifies as Indigenous. That includes First Nations with or without status, Métis, and Inuit, living on reserve or off.
What does it cost?
Nothing beyond what regular court costs. Duty counsel at First Nations Court is free. If you qualify, legal aid can cover a lawyer for you.
What if there is no First Nations Court near me?
There are ten courts around BC, so check the list first. If none of them works for you, your Gladue rights still apply when your local court sentences you. Your lawyer can also request a Gladue report for sentencing in any criminal court.
Can I do bail there?
Mostly this court handles sentencing and reviews. Legal Aid BC and Justice Canada say some bail matters can be heard there too. In some cases, people finish their healing plans while on bail and Crown counsel do not go ahead with the charges. A lawyer or duty counsel can tell you what applies at your court.
Court words
These are the words people hear most often. Each one is explained the same way it is used across this site.
- Adjournment
- When the court puts your case off to a later date. People often ask for one so they have time to get legal advice.
- Bail
- Being let out of custody while your case is still going on. Bail usually comes with rules you have to follow.
- Breach
- Breaking a rule the court gave you, like a bail or probation condition. A breach can be a new criminal charge on its own.
- Conditions
- The rules attached to a court order. In First Nations Court, a healing plan often becomes conditions on an order like probation.
- Crown counsel
- The government lawyer who brings the case against you. People often just say "the Crown".
- Disclosure
- The evidence the Crown has about your case. You and your lawyer get to see it.
- Duty counsel
- Free lawyers at the courthouse who help people who do not have their own lawyer.
- Elder
- In this court, Elders advise the judge and support you. They also hold you accountable.
- Gladue report
- A detailed report about your life, your community, and realistic options other than jail. In BC, the BC First Nations Justice Council writes them.
- Healing plan
- The plan built for you in First Nations Court. It sits at the heart of how the court works, and it can become part of your sentence.
- Native Courtworker
- A support person who helps you understand the court process and connects you with services like housing and treatment.
- Plea
- Your formal answer to a charge: guilty or not guilty.
- Probation
- Time in the community under court rules after sentencing, with a probation officer checking in on you.
- Sentencing
- The part of a case where the judge decides what happens after a guilty plea or a finding of guilt.
- Warrant
- A judge's order, often telling police to arrest someone who missed court.