Supporting Indigenous clients
Building understanding and providing culturally informed support, resources and guidelines to strengthen effective Indigenous legal representation.
Working with Indigenous clients
Guidance to support respectful, informed, culturally safe and effective advocacy.
Indigenous support services
External supports and resources for lawyers in Alberta when working with Indigenous clients.
Indigenous Action Plan
Alberta Indigenous courts
Alberta is home to several Indigenous courts that incorporate culturally informed and restorative approaches to justice designed to respond to the distinct experiences of Indigenous Peoples and help address disproportionate involvement in the justice system.
Legal Aid Alberta supports these courts by providing accessible legal representation and advocacy informed by Gladue Principles and 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)
The 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 Tsuu T’ina First Nation. 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
Located at Siksika Nation, the Alberta Court of Justice 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 the 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, and 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
FAQs
Do I need special training or knowledge to support Indigenous clients?
Yes. It’s important to understand the history of Indigenous Peoples in Canada and why this led to the overrepresentation of Indigenous people in the justice system.
Learning about your client’s history will help you navigate the justice system with them and use the principles that the Supreme Court of Canada has put in place to protect Indigenous Peoples from continued systemic discrimination.
To support Indigenous clients effectively, a lawyer must move beyond a standard legal defense. This requires a commitment to actively understanding the legacy and lived experience of Indigenous Peoples.
Are there legal rights specific to Indigenous clients I should be aware of?
Yes. The Supreme Court of Canada established in R. v. Gladue (1999) and reaffirmed in R. v. Ipeelee (2012) that sentencing Indigenous offenders required a different methodology. This is codified in s. 718.2(3) of the Criminal Code of Canada, which mandates that courts consider all available sanctions other than imprisonment, with particular attention to the circumstances of Indigenous people. These principles are designed to address the impact of the colonial system that led to their systemic poverty and generational trauma.
Both counsel and the court have a shared responsibility to ensure these rights are more than merely acknowledged. Under Ipeelee, the court has an active duty to seek out information regarding a client’s background, and counsel has the right to present Indigenous Legal Traditions or restorative alternatives, such as a healing plan or sentencing circle.
These rights are not limited to specialized venues; they apply in every courtroom. In terms of a judicial interim release, the Supreme Court of Canada has clarified that Gladue Principles must be applied at the earliest possible stage of the criminal process. Counsel should proactively argue that bail conditions be tailored to the client’s community and cultural realities rather than defaulting to the colonial templates.
For more information, see Working with Indigenous Clients.
What are common systemic barriers Indigenous clients may face?
The history of discrimination by the Canadian government created systemic poverty and generational trauma, the symptoms of which we see as barriers to substantive equality. Indigenous people have a harder time convincing others that they are not criminals.
In R. v. Ipeelee, the court clarified the impacts of the colonial system (paragraph 60):
“To be clear, courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and, of course, higher levels of incarceration for Aboriginal Peoples.”
This can take many forms during their journey through the justice system. Simply having no access to technology — cellphones or landlines — is a barrier created by systemic poverty rooted in colonialism. Similarly, lacking bail money, when required for release, or not having transportation to attend court are other barriers. Addiction, as noted above, is a symptom of this systemic discrimination, which feeds bias and therefore creates yet another barrier.
What communication difficulties should I be aware of?
Indigenous clients may not have a cellphone or a landline, so you may need to be creative in how you communicate with them. Discuss who in their family, among friends or in their community you may use to get a message to them. Introduce yourself to their resources in court, as they may have a connection or be able to reach them on your behalf.
How can I help connect my client to the resources they need?
Based on the charges before the court, discuss the options with your client. What are the potential outcomes, and what does the client want to do about their charges? From there, determine what supports you need to achieve the desired outcome. Is it a psychologist or an Elder? Check with the community to find available resources. For example, in Siksika Nation, there is an Elder mentorship program and an addictions program. Ensure your client knows that when it comes to sentencing, the judge will want to know what steps your client has taken to work on themselves.
Understand the need for the resource, then research what is available so you can point your client in the right direction.
You may reach out to agencies such as Calgary Legal Guidance or Native Counselling Services of Alberta to learn what resources are available, or you could call the community yourself. If your client is connected to a community, be sure to ask whether they want support from a resource in their First Nation or Métis settlement.
For more information, see External Resources.
Who can I contact for information to best represent my Indigenous client?
Legal Aid Alberta has an Indigenous Liaison position that would be happy to speak with you about how best to approach representing Indigenous clients.
You can contact the lawyer line and ask to leave a message for someone in this area.
Alberta Indigenous Courts
Alberta is home to Indigenous courts that incorporate culturally informed and restorative approaches to justice, 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 responsive to the needs of Indigenous clients.
Calgary Indigenous Court (CIC)
Established in 2019 to provide 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 is a response to the unique challenges and circumstances of the Indigenous people.
Edmonton Indigenous Court (EIC)
Established in 2022 to provide 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 is a response to the unique challenges and circumstances of the Indigenous people.
Tsuu T’ina First Nation Court (Peacemaking Court)
The first Aboriginal Court in Canada was the Tsuu T’ina First Nation Court (or Peacemaking Court), established in October 2000. The Tsuu T’ina Court has jurisdiction over criminal, youth, and bylaw offences committee 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 Aboriginal 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 the Nation and supports the provision of culturally sensitive prosecution services.
Alexis Nakota Sioux Nation Restorative Court
At the Alexis Nakota Sioux Nation, a restorative court model started in 1993 which promotes community involvement in the court process. A local justice committee provides recommendations for sentencing options as well as assistance to the court in identifying appropriate community-based alternatives.
External support services for Indigenous Albertans
LAA has compiled a directory of Indigenous agencies in Alberta. Here they are. Help your clients.
Other Resources
Related Policies
Popular Topics
System Access
Lawyer Panels
Questions?
Do you need help with invoices, or certificates, or have questions about duty counsel? Get in touch with us.