Working with a lawyer as an Indigenous client
Working with my lawyer as an Indigenous client
You have the right to be treated with respect, dignity and fairness when working with a lawyer.
Your lived experience matters — and it actually has been codified in law; your lawyer has an obligation under the law to recognize your experiences as an Indigenous person.
You deserve fair treatment, cultural respect and strong advocacy.
Your lawyer should:
- Treat you as an equal partner in your own legal matter.
- Respect your cultural and lived experience.
- Understand the systemic barriers that Indigenous Peoples have faced in the legal system.
- Never exhibit or tolerate racist, dismissive or disrespectful behaviour in those involved in your case.
What you can expect from your lawyer
Navigating the legal system
The legal system can be intimidating, but you are not powerless. A lawyer will help you navigate the system.
When you work with your lawyer:
- They act as your representative in court and to other parties.
- They explain the law and your options in plain language.
- They help you understand Indigenous-specific options, such as Elder support, healing plans, sentencing circles, Indigenous Court or a Gladue Report (if applicable).
- After explaining how your case fits within the law, they support you in making an informed decision to move forward.
Building trust and communication
Trust between you and your lawyer may take time to build. Legal Aid Alberta lawyers recognize that the Canadian legal system has historically harmed Indigenous Peoples and our lawyers will use all applicable legal arguments in your case.
You should expect your lawyer to:
- Answer your questions without making you feel rushed or dismissed.
- Explain legal terms in plain language.
- Keep you informed about your case and next steps.
- Tell you about any risks or possible outcomes.
If something doesn’t make sense, it’s okay to ask about it. Your lawyer should welcome your questions and be open to discussing your concerns.
Gladue report
A Gladue report outlines the unique systemic, historical and personal factors affecting an Indigenous person and presents culturally appropriate alternatives to incarceration for the court’s consideration.
Confidentiality and your rights
Everything you tell your lawyer is confidential. This means you should feel safe being honest about your situation.
This is your matter, and the lawyer works in your best interest.
You have the right to:
- Be involved in every decision about your case.
- Get clarifications whenever you need them.
Additional resources and supports
If you are experiencing difficulties
If you find that the working relationship with your lawyer is not effective, you are not obligated to continue it. You can contact Legal Aid Alberta about a change of counsel. LAA is committed to ensuring you have appropriate legal counsel. You can phone one of our team members to discuss your options.
If you feel judged, ignored or unsafe, that is a serious concern — please report it to LAA right away.