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THE JUSTICE SYSTEM CAN BE CONFUSING

When a person is accused of a crime, or they are dealing with family issues in court, the system of courts and legal procedures that they must go through can be a very confusing and frightening experience. This is especially true for Native people whose language and culture differences make the Criminal and Family Justice systems particularly difficult to understand. In Ontario, the Native Courtworker Program is available to provide assistance to all Native peoples who are in conflict with the law, whether they are Status, Non-Status or Metis. Throughout the years that the program has been in operation, Native Courtworkers have helped many thousands of Native people to receive fairer treatment from the legal system and to gain a better understanding of their rights and obligations under the system. The higher standards of professional service offered by the Courtworkers have also earned them the respect of the courts and of law enforcement officials. Should you or a friend or relative have a problem with the law, here are some of the ways that a Courtworker can help.

NATIVE COURTWORKERS SERVICES AVAILABLE TO ACCUSED PERSONS

 

Courtworkers assist Native individuals by acting as liaison between the individual and the court.

Courtworkers explain to the individual, the reasons for their arrest and their legal rights and responsibilities regarding the charges against them.

They inform the individuals of their right to a full defence, of their right to a private or a Legal Aid lawyer, and of their right to speak for themselves in court if they wish.

Courtworkers work with various officials of the court to ensure that an individual receives fair treatment.

Courtworkers can obtain, if necessary, the services of Native language interpreters and of interpreters of Native culture when it has a bearing on the case.

Courtworkers can explain to the accused, the meaning of preventative measures such as bail, detention or conditional release that the court may take against them.

When requested, they help prepare Pre-Sentence Reports to ensure that the background of the accused Native person is properly presented.

Courtworkers can explain to a person placed on probation, what it means and exactly what is expected of them.

Courtworkers work with the community agencies to help the accused meet their immediate and long-term needs and goals.

They make contact with the area native Inmate Liaison Worker if the accused is sentenced to a provincial institution.

When it is necessary, Courtworkers visit Native inmates in the jails and penal institutions in their area to provide information and moral support.

Courtworkers provide services in strict confidence to all Native peoples who require them.

Courtworkers explain to the Applicant or the Defendant the procedures of Family law court.

Courtworkers work with families in the case of the apprehension by CAS, directly or indirectly to ensure that all steps are taken to re-unite the family.

Please Note:

 

Although Native Courtworkers know about the law and the justice system, they are not lawyers.

Although most speak at least one Native language they are not intended to be interpreters for the court.

Courtworkers do not supervise bail or probation although they make sure the accused understands exactly what they mean.

The main job of a native Courtworker is to help Native people who are in trouble with the law

They also play an important and expanding role in their communities.

THE COURTWORKERS AND THE COMMUNITY

Courtworkers can, when necessary, explain to the family of an accused or to the Native community, the nature and meaning of the legal steps being taken by the Judicial System against the accused person.

 

They can conduct legal education workshops for the Native community.

They can aid in the development of preventative programmes to reduce the rate of crime in their communities.

When requested, they serve as resource people in training sessions for employees of the justice system, helping them to better understand the culture, the needs and the aspirations of Native peoples.

THE O.F.I.F.C. AND THE COURTWORKER PROGRAM

The Native Courtworker Program is available mainly through Friendship Centres throughout the province. (See listings for the location nearest you.). The provincial program is administered by the Ontario Federation of Indian Friendship Centres (OFIFC) with funds provided jointly by the Federal Department of Justice, the Ontario Ministry of the Attorney General and the Ministry of Community and Social Services.

The OFIFC ensures the smooth operation and development of the overall program by regularly checking its effectiveness, identifying needs in the program, providing responsibilities, and being available to assist in day-to-day problems with the program.

Since the first Native Courtworkers began to attend courts in Ontario back in the mid 1960's, the program has developed to a point where it now has earned the respect of the police, the courts, other related agencies and the federal and provincial governments. More important, however, is that it has earned the gratitude of many Native peoples who have been helped through difficult times by the patient dedication of the Native Courtworker.

For further information, please contact:

 

Debra Huston
North Bay Indian Friendship Centre
980 Cassells Street North Bay, ON P1B 4A8
(705) 472-2811 ext. 12
(705) 472-5251
 

 


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Last modified: Saturday, 17 February, 2007 00:57:39