The Challenge
In BC, First Nations Courts are criminal sentencing courts for Indigenous people where different processes and procedures, including those that are more healing-based and culturally appropriate, can occur at the sentencing stage. The goal of these courts is to create pathways for healing and the restoration of balance by involving Elders and restorative justice practices in the court process. While an important initiative, First Nations Courts are still embedded in the mainstream justice system and are not courts where First Nations laws and jurisdictions are applied through First Nations institutions.
New policies and approaches are needed to guide the future of First Nations Courts and determine how they may support the emergence of First Nations legal order courts that are based on and administered according to the self-determination and the priorities of First Nations.
The Solution
BCFNJC and BC will co-develop an approach to First Nations Justice Courts that will ensure the future investment and expansion in the current model of First Nations Courts, a Track 1 initiative of the Strategy. This approach will also revitalize the role and function of First Nations Courts and consider how they may support and provide space for the role and function of Indigenous Justice Centres and the development of First Nations justice institutions, Track 2 work of the Strategy.
There are currently 10 Indigenous sentencing courts in BC
- New Westminster First Nations Court
- North Vancouver (Chet wa nexwníw̓ ta S7eḵw’í7tel)
- Kamloops (Cknucwentn)
- Duncan First Nations Court
- Nicola Valley Indigenous Court
- Prince George Indigenous Court
- Williams Lake Indigenous Court
- Hazelton Indigenous Court
- Lillooet Indigenous Court
- Chilliwack Indigenous Court
These are provincial courts that focus on specific aspects of the decision-making process. Primarily they are sentencing courts, where different processes and procedures, including those that are more healing-based and culturally appropriate, can occur at the sentencing stage.
While an important initiative, First Nations Courts are not Indigenous courts where First Nations laws and jurisdictions are applied through First Nations institutions.
