Cut the lawyer jokes and encourage your kids

Page 19

Pro Bono

Dear Tuma:

How do we get more Indigenous lawyers in the system?

Future Mi'kmaw Lawyer

Dear Future:

With encouragement and support. The road to becoming a lawyer is often seen as difficult and nearly impossible, but it does not have to be. You first need to get into law school and this usually requires an undergraduate degree, very good marks and a good score on the LSAT (Law School Admissions Test). Many law schools have equity admissions programs and you should consider taking advantage of these programs. Once you graduate from law school, then you will have to article with a senior lawyer. (Articling is like a type of apprenticeship program). During your articling period you will have to write and pass the bar exam. Then you will be a lawyer. It sounds hard and long, but you will be really surprised at how fast the time goes and it is not that difficult. (But there is a lot of reading and studying).

Encourage young folks to think of becoming lawyers. Bring in Indigenous lawyers to speak to them about the profession and what opportunities are available. Tell them that being a lawyer is a honorable career and that the Mi'kmaq word for a lawyer is "Nutowistoq", she or he who speaks or advocates on behalf of us. Finally do not make any disparaging lawyer jokes (I've heard them all). Your children are listening to you.

Dear Tuma:

Our band puts aside about $2,000 a year in trust for each of our children. How can I find out and make sure that the band is taking care of this trust money in a good way? What should I ask the band for to show me that this trust would be there for my son when he turns 19?

Not Trusting The Band

Dear Not Trusting:

The first thing you should ask for is to see the trust agreement. There should be a trust agreement in place that outlines how the money is set aside, who is the trustee, how the money will be invested and how are the expenses paid for. In this case the band may be acting as a trustee and has a fiduciary obligation to take prudent care of the money in how it is invested. Finally, the band may have to provide a yearly accounting of how the money is invested and what expenses are paid. This accounting should be given to the beneficiary of the trust.

Dear Tuma:

If my children's father is a non-Native, how will this affect their status?

Worried Mother

Dear Worried:

When you register your child with your band's membership clerk, she or he will need to know who the father is. If you do not name the father, the Indian Act states that the father will be assumed to be a non-Native and the child will be registered accordingly. If you do name the father and he is non-Native then your child may be registered under section 6(2) of the Indian Act. This means your child will be registered as an Indian, but may not be eligible for band membership. It depends on whether your band has its own membership code.

Also, if the child who is registered under section 6(2) has a child with a non-Native or even non-status Native, your grandchild may not be registered as an Indian under the Indian Act. Finally, there may be some legal barriers in trying to inherit property if your child is registered as an Indian, but does not have band membership.

Dear Tuma:

What advice would you give an offender on crossing the U.S.-Canada border for the blueberry harvest?

Migrant Worker with a Past

Dear Migrant Worker:

If you have a criminal record, you may be denied entry to the U.S. Try to get a pardon for any past criminal record. This involves applying to the Canadian Justice department for a pardon. There are some requirements that need to be met before a pardon will be issued, so make sure to check out what these requirements are. Note: The U.S. Customs may not recognize the pardon and you may still be refused entry into the U.S.

There are two parts to crossing the border: Customs and Immigration. Customs is the first point and they will want to know the reason why you want to go into the U.S. Cstoms may refer you to Immigration for further questioning if you are planning to enter the country for any reason. A criminal record, even a non-serious one, may result in a refusal at the border to enter into the country.

This column is not intended to provide legal advice but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a Ph.D. in Law at the University of British Columbia and questions should be sent to tumayoung@hotmail.com.