Resources for Indigenous clients
Working with your lawyer as an Indigenous client
Your lawyer should respect your lived experience as an Indigenous person and help you navigate the legal system.
Gladue report
As an Indigenous person charged with a crime, you are entitled to have the court take your background into account.
Family and child welfare representation
Support for you and your family when child services are involved, including protecting your rights and ensuring Indigenous cultural connections are considered.
Additional resources and supports
Alberta Indigenous Courts
Alberta has several Indigenous courts that incorporate culturally informed and restorative approaches to justice. They are designed to respond to the distinct experiences of Indigenous Peoples and help address their disproportionate involvement in the justice system. Legal Aid Alberta supports these courts by providing accessible legal representation and advocacy informed by Gladue principles and is responsive to the needs of Indigenous clients.
Calgary Indigenous Court (CIC)
Established in 2019, the CIC provides a culturally relevant, restorative, and holistic system of justice for Indigenous individuals, including offenders, victims, and the community harmed by an offender’s actions. The CIC responds to the unique challenges and circumstances of Indigenous people.
Edmonton Indigenous Court (EIC)
Established in 2022, the EIC provides a culturally relevant, restorative and holistic system of justice for Indigenous individuals, including offenders, victims and the community harmed by an offender’s actions. The EIC responds to the unique challenges and circumstances of Indigenous people.
Tsuu T’ina First Nation Court (Peacemaking Court)
Tsuu T’ina First Nation Court (or Peacemaking Court), established in October 2000, was the first Aboriginal court in Canada. The Tsuu T’ina Court has jurisdiction over criminal, youth and bylaw offences on the Tsuu T’ina reserve. The Tsuu T’ina Court is a marriage of two separate systems: the Alberta Court of Justice and the Peacemaker process, which work together in a unique way.
Siksika Nation Court
At the Siksika Nation, the Alberta Court of Justice sits on the reserve and has been served since 1998 by a Justice of Indigenous heritage and a dedicated Crown prosecutor from the Calgary Crown Prosecutors’ office. This arrangement permits the Crown prosecutor to form a close working relationship with Siksika Nation and to provide culturally sensitive prosecution services.
Alexis Nakota Sioux Nation Restorative Court
At the Alexis Nakota Sioux Nation, a restorative court model started in 1993 promotes community involvement in the court process. A local justice committee provides recommendations on sentencing options and assists the court in identifying appropriate community-based alternatives.
Featured news
Explore how Legal Aid Alberta advances its commitment to Indigenous justice through stories that reflect our ongoing work toward reconciliation.
Truth and reconciliation: Legal Aid Alberta’s commitment to better serve Indigenous clients and communities
“Whether we’re on the frontline of intake, a lawyer, or in administration, everyone in our organization benefits from compassion because it makes us who we
Supporting clients at Indigenous courts with knowledge and passion
Legal Aid Alberta staff lawyers are uniquely positioned to deliver quality representation for clients at Indigenous courts Legal Aid Alberta staff lawyer Jay Gill
Legal Aid Alberta lawyers are “part of the solution” at new Edmonton Indigenous Court
Indigenous courts aim to address over-representation of Indigenous people in criminal justice system Legal Aid Alberta lawyers are playing an important role representing clients
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FAQs
What is Gladue, and am I eligible?
If you are Indigenous and you’ve been charged with a crime, the court is required to take your background into account.
In 1999, there was a case in the Supreme Court of Canada (R. v. Gladue) where the Court acknowledged that there were high rates of Indigenous incarceration and that it was due to systemic oppression. The Court stated that courts must consider the unique backgrounds and systemic impacts affecting Indigenous Peoples. This was to be followed even when the offense was very serious and even if the person did not live on a reserve.
Do I have to prove my Indigenous identity?
No. While you do not have to ‘prove’ you are Indigenous, you do have to establish your Indigenous social history. This means you need to have a conversation with your lawyer about your history, so they have a better understanding of who you are as a person and what factors can be presented to the Court.
What if I live in a remote community and cannot easily get to court?
If you have travel difficulties, you must inform your lawyer immediately . If you do not have a lawyer yet, make sure you let them know when you are applying for legal aid.
Will Legal Aid Alberta help me get into a restorative justice court.
A restorative justice court sees you as a whole person, not just as an offender. A restorative justice court focuses on making things right, not just on whether a person is guilty or what the punishment should be. The goal is to help a person heal, connect with the community and address the reasons that led them to the justice system.
They may be called “Indigenous Court,” “Healing Court,” or another name, but the purpose is the same: to support well-being and help people find balance again.
Whether you appear in one of these courts will depend on the decisions you and your lawyer make regarding your case. Speak to your lawyer about the options you have available and if the path of a healing court is suitable for you.
Can Legal Aid Alberta help me connect with support programs in my community?
When discussing your case with your lawyer, you can determine what supports are necessary, and your lawyer can help you to connect with them.
Also see: Indigenous support services
Can someone help me understand what is happening in court?
Your lawyer can tell you about the general process when your case goes to court. If you have any further questions, please contact their office. The lawyer’s assistant can often help you understand the court procedures.
Can I bring a support person, Elder or someone from my community?
Yes. Bringing someone with you to attend court may help you feel more comfortable with the proceedings.