| 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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