Who this court serves
Is this court for me?
First Nations Court is for people who identify as Indigenous and plan to plead guilty. This page explains who can use it, what kinds of cases can go there, and what saying yes or no means for your rights.
Choosing this court is one of the biggest decisions in your case, and you don't have to make it alone. Legal Aid BC's advice is blunt: don't plead guilty without getting legal advice first.
First Nations Court duty counsel are free lawyers. Call 604-601-6074 in Greater Vancouver, or 1-877-601-6066 from anywhere else in BC.
Who counts as Indigenous here
You count if you identify as Indigenous. That includes First Nations people with status or without it, Métis people, and Inuit. The court works by self-identification.
Where you live doesn't change this. You can live on reserve or off reserve, in a city or in a small community.
What kinds of cases can go there
These courts deal with sentencing. There are no trials here. You come to this court when you intend to plead guilty, and you'll usually need Crown counsel to agree to your case moving there. Crown counsel is the government lawyer who prosecutes the charge.
Each community shapes its own court. An advisory committee works with Elders to decide what offences their court will handle, and these courts usually deal with less serious offences.
No public list says which charges are in and which are out. If you want to know about your own charge, duty counsel can tell you what your local court accepts. Their help is free.
Your Gladue rights are yours either way
Gladue is the name of a Supreme Court of Canada case from 1999. Because of it, a judge who sentences you must pay attention to your circumstances as an Indigenous person, and must look at all reasonable options other than jail.
This isn't optional. A second case from 2012, R v Ipeelee, confirmed that it's mandatory every time a criminal court sentences an Indigenous person, no matter how serious the charge. Courts have extended Gladue principles to other decisions about your freedom too, like bail.
These rights belong to all First Nations, Métis, and Inuit people who self-identify, on reserve or off.
Some people worry that turning down First Nations Court means losing something. It doesn't. Saying no never takes your Gladue rights away. They follow you into regular court. Turning down a Gladue report doesn't remove them either.
A Gladue report is a detailed report for the judge about you, your life, and your community, with realistic options other than jail. You can learn what goes into one and how to ask for one on the resources page.
There is a lot more to Gladue, including the misconceptions that trip people up: read the full Gladue page.
Weighing the choice
Be honest with yourself about what this court asks. In most courts, you'll come back for review hearings every few months, and the Elders and the judge will expect real effort. Don't assume you'll get a lighter sentence. This court supports you and holds you accountable at the same time.
The choice is yours, and help with it is free. Duty counsel can walk you through what it would mean for your case, and a Native Courtworker can talk it through with you too. In Vancouver, the Indigenous Community Legal Clinic can help as well: 604-822-1311.