Why is it important to tell your lawyer you are Aboriginal?
As part of Legal Aid Ontario's continued commitment to low-income Aboriginal individuals and disadvantaged communities, we have made services to Aboriginal clients a priority. We ask you as First Nations people, Métis people and Inuit people to self-identify your Aboriginal ancestry.

It is important to identify yourself as an Aboriginal person so that duty counsel or your lawyer can follow the areas of law that deal with Aboriginal circumstances or rights.

The Criminal Code, the Youth Criminal Justice Act and the Child and Family Service Act all have parts that deal with the unique legal status of Aboriginal people in Canada.

Criminal law issues

Aboriginal people can choose to have their criminal charges heard in Gladue court, created to handle cases and sentencing more in line with Aboriginal customs. For more information on Gladue courts, click here.

If you are convicted of a crime or plan to plead guilty to an offence, your lawyer will have to ask you questions about your background in order to tell the court what principles and factors should be considered in your case.

For more information on criminal law issues, click here.

For more information about youth criminal law, click here.

The Criminal Code of Canada deals with the over-representation of Aboriginal people in the Canadian criminal justice system and recognizes the need to consider additional factors in sentencing an Aboriginal offender.

Sections 718.2 (e) and 38 (2)(d) of the Youth Criminal Justice Act help judges when sentencing and require the court to remember to:

• Consider all available sanctions other than imprisonment that are reasonable.
• Pay particular attention to the circumstances of Aboriginal offenders.

Child welfare

In child welfare proceedings, section 37(4) of the Child and Family Service Act includes culture in determining what is in the best interests of an Aboriginal child.

Subsection 37(4) states that where an Aboriginal child is concerned "the importance, in recognition of the uniqueness of Indian and native culture, heritage and traditions" must be considered to preserve the child's cultural identity.

The Act also recognizes that Aboriginal people should be entitled whenever possible, to provide their own child and family services, and that all services to Aboriginal children and families "should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family."

Letting your lawyer know of your Aboriginal status can help protect your rights.

If the Children's Aid Society has taken or threatened to take your children into care, click here.

For more information about family law matters, click here.

Domestic violence

Legal Aid Ontario has special services to help victims of domestic violence. People who are experiencing violence or the effects of violence, crisis and abuse can click here for information on how to get immediate help.