New First Nations court opens in Duncan, B.C.

A NEW FIRST NATIONS COURT  has opened up in Duncan, B.C. It is the first such court on Vancouver Island, providing a new option as people attempt to navigate the judicial system. “This court is unique compared to the contemporary Provincial Court,” said Cowichan Tribes Community Justice Coordinator Calvin Swustus. “It does have a First Nations judge, a First Nations Crown counsel, and duty counsel.” Those who plead guilty, or have been found guilty, may be eligible to have their case transferred to First Nations court. “The First Nations court has been developed to provide a forum for Aboriginal peoples involved with the criminal justice system in a culturally based setting that takes a holistic and restorative healing approach to sentencing,” said Mabel Peter, a spokeswoman for the First Nations Court Committee. The court sits once a month and is one of three in the province, with one in New Westminster and one in Kamloops. It deals with provincial court matters including bail hearings, sentencing hearings and child protection matters. An Elders’ advisory panel, a group trained in the court system but with knowledge of traditions and cultural practices, has been established. The Elders then help the individual being sentenced along the way, “rather than ship them off to probation [officers] that have, you know, usually 200 or 300 clients,” Peter said. Swustus said 13 First Nations Elders from Cowichan, as well as neighbouring Aboriginal communities, have been trained.