What to expect

What a court day looks like

Most people feel nervous before their first day at any court. This page describes what usually happens at First Nations Court, so you can picture the day before you arrive.

Where court happens

First Nations Court doesn't always happen in a courtroom. In New Westminster, the court sits some days at the Law Courts and other days in a room at the Inn at the Quay, a hotel by the river. The court's own schedule shows which one to expect. In Duncan, court sits in the Si'em Lelum Gymnasium.

The room at the Inn looks out over the water, and it can feel a lot less intimidating than a courtroom.

If you're not sure where to go, ask your lawyer, duty counsel, or a courtworker before your court date. You can also call the court registry.

The Inn at the Quay hotel seen from the boardwalk, with the Fraser River, boats, and a bridge behind it — The Inn at the Quay from the boardwalk. Some sittings of the New Westminster court happen in its Hyack Room.

Before court begins

Court may open with a prayer, and it may close with one too. The day can also include smudging.

Smudging is a cleansing ceremony, and it carries deep meaning in many Indigenous cultures. It usually involves burning sacred plant medicines and drawing the smoke over the body, to cleanse the spirit and bring forward good energy.

It is not a formality. For many people it is a way to settle the mind and begin a heavy day in a good way.

At New Westminster, an Elder may prepare the smudge outside by the water before court begins, and smudge people one by one with an eagle feather.

Taking part is always your choice. Different Nations smudge in different ways, and ceremony differs from court to court, so your day may not look the same.

The circle

Inside, the room is set up differently than a regular courtroom. People usually sit in a circle, not in rows.

The circle usually includes the judge, Elders, Crown counsel, and your lawyer. If you don't have a lawyer, duty counsel sits with you instead. Duty counsel are free lawyers who help people at court.

Others may join too: Native Courtworkers, social workers, probation officers, or victim services workers. The circle may also include victims, family members, and support people.

At New Westminster, introductions often go around the circle counterclockwise, starting with the judge, so everyone in the room gets introduced.

A circular courtroom with curved wooden desks arranged in a ring under a round ceiling light — The Calgary Indigenous Court's circular courtroom. BC's courts arrange their own spaces, and some sit in ordinary rooms, but the circle is the idea.

How people speak

Everyone in the circle can have a say. If you bring family or friends, they'll have a chance to speak if they want to.

The Elders speak to you directly. They advise the judge and support you, and they also hold you accountable.

When it's time for a decision, the judge looks at the harm caused to any victims, your background, your strengths, your needs right now, and how a healing plan can be built for you and your community.

The courtworkers

Native Courtworkers help you understand the court process and work to make sure you're treated fairly. Before court, they often come over, talk with you, and start building a connection. They also help with practical needs, like finding housing.

The Native Courtworker and Counselling Association of BC gives direct support at the New Westminster and Duncan courts. Their case management workers help clients carry out healing plans.

You can reach a courtworker toll free at 1-877-811-1190.

Bringing your people

You can bring family, friends, community members, Elders, and other support people with you. They don't have to speak. Being there is enough.

Plan to attend in person. That's the default way these courts run.