The hardest decision
The guilty plea
You can't get to First Nations Court through a trial. This page explains what pleading guilty means, and why you should never do it without talking to a lawyer first.
What pleading guilty means
When you plead guilty, you are telling the court that you did what the charge says. After that, there is no trial. The court moves to deciding what happens next, which is called sentencing.
Until you plead guilty, the law treats you as innocent. If you went to trial, Crown counsel would have to prove every part of the charge beyond a reasonable doubt. That is the highest standard in Canadian law, and you would not have to prove anything.
Pleading guilty means giving that up. You are waiving your right to make the Crown prove its case. That right has real value, and a lawyer can look at the Crown's evidence, called disclosure, and tell you how strong the case against you actually is before you decide.
First Nations Court doesn't hold trials at all. It's a court for people who take responsibility for what happened and want to deal with it.
What this court requires
The Provincial Court says these courts are for people who intend to plead guilty. The prosecutor, called Crown counsel, usually also has to agree before your case can move.
Legal Aid BC puts it a little differently. It says you may be able to go there if you plead guilty or are found guilty, and that you must accept that you're responsible for your actions.
The wording shifts from source to source, and practice can shift from court to court. A lawyer will tell you exactly what applies to you and your charge.
One more thing a lawyer can explain: in some cases, people finish their healing plans while out on bail, and Crown counsel decides not to go ahead with the charges at all. Ask whether anything like that could apply to your situation.
Take your time, and take advice
A guilty plea is permanent. Legal Aid BC's advice is blunt: don't plead guilty without getting legal advice first.
You don't need money to get that advice. All of this help is free:
- First Nations Court duty counsel: 604-601-6074 in Greater Vancouver, 1-877-601-6066 elsewhere in BC
- Legal Aid BC call centre: 604-408-2172 in Greater Vancouver, 1-866-577-2525 elsewhere in BC
- Indigenous Community Legal Clinic in Vancouver: 604-822-1311
There are more services on the resources page. Take the time you need, and ask questions until the answers make sense.