Our client service stories are shared in two sections: a kin-focused story first, then the legal side.
This is Jared’s story: read what he experienced, then read the behind-the-scenes details from the team at the Indigenous Justice Centre that did things differently.
Kin Story
There is a strength in our young people that is like the cedar root, it’s deep, strong, and is shaped by the pressure of the world above it. This strength was in the young man who walked into the Indigenous Justice Centre. His name was Jared, and though he carried a heavy weight, his spirit was not broken. It was waiting.
To understand the victory, you must first see the trap. Jared was caught in the cycle of the ‘justice’ system; 11 separate court cases for charges like robbery and assault with a weapon. Often justice is a system that perpetuates criminal behavior, while ignoring the root causes, the intergenerational trauma, the poverty, the loss of culture and land, that it itself created. It waits for the pain to erupt, points at it and then slaps a label on it.
Jared had already served time in jail. In the system’s math, that time was just a down payment on a life sentence of a different kind, a permanent criminal record. A record for such serious charges is a ghost that follows you forever, shutting doors to jobs, housing, and a future isolated from community. This is the pattern: punish, release without support, wait for the inevitable failure, and punish again. It is a revolving door of despair.
The fight was to break that cycle. His lawyer Carmen did not deny his actions, but forced the court to see the whole person, not just the docket number. She spoke the truth of his life, the Gladue factors, not as an excuse, but as essential context the system is legally required to hear.
Jared’s lawyer acknowledged his time served but refused to let the court use it to justify more punishment. Instead, she fought for a conditional discharge: responsibility without lifelong condemnation. Jared pled guilty to two lesser charges and was granted conditional discharge. If he could walk a good path for 18 months, he would have no criminal record. All the other charges—the most serious ones—were dropped.
The outcome was not a gift from a benevolent system. It was a crack pried open in a wall of injustice through relentless advocacy. It was a return to a principle our Nations have always known, that true justice is about restoring a person to their community, not exiling them forever.
And so, the quiet strength that was always in him was given room to grow. The resilience that had been used only for survival could now be directed toward becoming. Jared’s lawyer did not give him that strength; it was always there, his birthright. She simply fought to remove the weight that was burying it. She fought for the cedar root to become the tree.
Legal Story
When Indigenous clients and kin access support from an Indigenous Justice Centre, the experience is different. Here’s how:
The Facts
Jared, a man in his early 20s, was referred to one of BCFNJC’s Indigenous Justice Centres by his original defence counsel, who was parting ways with him as a client.
He had already served time in custody when he met IJC lawyer Carmen, and had 11 separate criminal court files, including charges for robbery, assault, assault with a weapon, and numerous breaches.
Jared had a very minimal record but now risked having serious and stigmatizing offences on his permanent record, which would come with life-long consequences. He was also up against having to spend more time in custody, had a creative solution not been advocated for.
Our Approach
At first, Jared was reluctant to tell Carmen about some of his life experiences, but after building a relationship over time, including a lengthy in-person meeting while Jared was in custody, Carmen was able to learn more about the factors that led to his offences. To advocate for Jared in a way that was culturally relevant, Carmen:
- Made extensive Gladue submissions and conveyed this sensitive information in a way Jared was comfortable with.
- Focused on the client’s minimal existing record and the importance of sparing this very young adult from the long-term stigma of criminal record entries.
- Advanced an unconventional proposal: to consider but not apply the client’s time served to sentence calculations, allowing for a conditional discharge instead of custodial sentencing and criminal record entries.
- Worked collaboratively with Crown Counsel, who was receptive and interested in BCFNJC’s work.
- With Jared’s consent, she kept a family member appropriately updated on his case, so they could also support the client throughout the process.
- Guided Jared through pleading guilty to assault instead of the charged assault with a weapon for one file and pleading guilty to assault on a separate file.
The Outcome
The Crown Counsel was receptive to Carmen’s proposed resolution to avoid applying Jared’s time served to sentence calculations, which enabled a conditional discharge.
Jared was granted a conditional discharge for both assault convictions, with an 18-month probation period. If he abides by the conditions, the two assault convictions will not be entered on his criminal record.
The Crown stayed proceedings on all 14 other charges, including robbery.
Here, the IJC approach emphasized culturally relevant advocacy through Gladue submissions, collaboration with Crown, and innovative resolution strategies that focus on minimizing long-term harm and promoting rehabilitation.
The client avoided a criminal record for serious offences, giving him the opportunity to move forward without the long-term stigma and barriers such a record would bring.
Certain details of this story, including names, have been withheld or changed to protect the confidentiality and safety of our clients and staff.
