This resource explains what can happen when you plead not guilty to a summary offence. It doesn’t try to cover every trial situation. For detailed information, speak to a lawyer about your case.
This flowchart shows how you can get help after you’ve been charged with a crime, from your criminal charge to your trial.
Indigenous peoples include First Nations, Métis, and Inuit. If you’re Indigenous and charged with a crime, the judge must apply Gladue principles when sentencing you. This means the judge must consider your personal and unique circumstances as an Indigenous person and options other than jail. Gladue principles apply to all Indigenous peoples. They also apply whether you are status or non-status, or whether you live on or off reserve.
If you want Gladue applied to your case, you must tell the court that you’re Indigenous as soon as possible. The judge will want to know about you, your family, and your community. You can tell this information to the court yourself, give it to the court in a Gladue submission, or get a Gladue report. If you want a Gladue report, you can ask a lawyer, Native courtworker, or duty counsel for help contacting the BC First Nations Justice Council.
The judge must consider Gladue principles even if you don’t have a lawyer or can’t prepare a Gladue submission or get a Gladue report. For more information, see aboriginal.legalaid.bc.ca. (Click Courts & criminal cases then Gladue principles.)
If you’re pleading guilty, you may be able to have your bail or sentencing hearing in a First Nations/Indigenous Court. At First Nations/Indigenous Court, the judge, your lawyer, the Crown prosecutor, Indigenous community members, and your family will work with you to come up with a healing plan.
For more information, see aboriginal.legalaid.bc.ca (click Courts & criminal cases then First Nations Courts). Or call First Nations Court duty counsel at 604-601-6074 (Greater Vancouver) or 1-877-601-6066 (elsewhere in BC).
You can also get support from a Native courtworker. The Native Courtworker and Counselling Association of BC helps Indigenous people involved in the criminal justice system. Call 604-985-5355 (Greater Vancouver) or 1-877-811-1190 (elsewhere in BC).
