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First Appearance In Provincial Court

When you are charged with a criminal offence, you will have an upcoming First Appearance in Alberta Provincial Court. 

This can be a stressful time, but by taking your time to know your options, and what to expect, some of that stress may just melt away.

So settle in, and let BearPaw U Guide U through your first appearance in court:

If you are being kept in custody (aka in a remand centre or jail), then visit our Understanding Bail Learning Guide.

FYI: This Learning Guide is legal information only to help you understand the law better.  It's not legal advice.  If you need advice for your specific situation, be sure to reach out to a lawyer – they’re the real pros for that!

You Matter!

The Elders tell us that even if you are charged with a crime, you still matter!

You are not your charges. You are a human being. People make mistakes and you can make amends. You have choices.

It is also important to understand that Canada has a long history of colonialism and racism, and the effects of that history are still being felt today.  Many of us have experienced some kind of trauma because of this.

Issues like mental health, family violence, and addictions stem from this history – and reality.  It has created many of the conditions that bring our people to court every day. 

But!  There is good news: if you truly want to make changes, and begin healing, it can start anywhere – even in court.  

In Cree, the Elders call it Otipaymsowin – being the boss of yourself!

What to do Before Court

One of the most important things you can do for yourself is get support through the court process. 

Don’t be shy!  Reach out for support from family, friends, and Elders. 

And, there are professionals out there (some even free of charge!) who can help you!

The professionals:

The professionals

NCSA courtworkers are FREE, can explain options, go with you to  court, speak for you in court, and connect you to programs and services.  They cannot provide legal advice (because they are not lawyers).

The professionals

Duty Counsel is a FREE lawyer at the courthouse – a good option but they’re only your lawyer for that day.  Ask a clerk at the front counter to help direct you to duty counsel.

The professionals

Hire your own Lawyer. Big surprise, this is not one of those free options we talked about.  But, if you are in big trouble, having a dedicated lawyer is a great option. Just be prepared to pay $!

The professionals

Be a Lone Wolf and go it alone, this is called “self-representing”. However, as Indigenous people, we work best in a tribe, so don’t be afraid to reach out for help.  Being the boss of yourself also means knowing when to call in the experts.

The best-case scenario is to contact an NCSA courtworker.  Reach out at least one week before your court appearance! 

They can guide you to better understand:

  • The criminal charge 
  • How the outcome might affect your life
  • Restorative or alternative justice options
  • The potential risk of jail time
  • Legal Aid application or consider hiring a lawyer
  • Options to attend an Indigenous Court if you plan to plead guilty.  Side note: Indigenous Courts are only currently available in Edmonton and Calgary – and you need to plan to deal with your charge in that city

You may also find a courtworker at the courthouse on your court day. Sometimes this works out, but sometimes they are busy and can be tough to find.  So your best option is to tackle this like a boss and get organized early!

Courtworkers may not be able to appear with you for some serious criminal charges, called Indictable Offenses. However, they can help connect you with a duty counsel lawyer or provide support to Applying for Legal Aid (which contrary to popular belief, is NOT FREE!).

Did Know?

If you live in a remote community and transportation to court is an issue, an NCSA courtworker may be able to appear for you in court. 

Contact a courtworker as early as possible to ask about this or make arrangements.

Court Day

When authorities charge you with a criminal offense, they give you a First Appearance Notice or a Promise to Appear.

This document has information about the charge and your court time, date, and location. 

Remember to bring your Promise to Appear with you to court!

On the day of court, dress nicely, get to the courthouse early, and then:

Day Of Court

Find the Docket in the lobby area. The docket is usually an LED screen with names, courtroom numbers, and times of those appearing in court that day

Day Of Court

Find your courtworker, lawyer, or duty counsel

Day Of Court

If you are a Lone Wolf*, go to the correct courtroom and sit quietly in the courtroom public gallery seating until your name is called 

If you can’t find the docket, courtroom, courtworker or lawyer, just ask a clerk at the front counter. They are all very helpful, and most likely in need of another coffee.

Understand that courtworkers and lawyers may be difficult to find as they are likely in court or helping other community members – so just be patient!

*If you are considering being a Lone Wolf, reconsider, join the pack, and contact an NCSA courtworker!

BearPaw Tip for U: Sitting in traffic?

If you have a traffic ticket, go to the front counter at the courthouse and ask them where you can deal with it. 

Minor traffic tickets can usually be dealt with right there at the front counter. 

Don’t sit in court all day waiting for your name to be called with a traffic ticket.  Trust us, it’s happened more than once (usually to uncles)!

If you think your traffic ticket contains inaccurate information, you can contest it.  Contact an NCSA courtworker to ask them about your options.

In the Courtroom

Ok, you found the courtroom – amazing!  Make sure you are in the room at least 15 minutes before the time on your Promise to Appear.  

But, be prepared to wait!  People are usually called in alphabetical order by last name.  So, you may need to wait a while if your last name starts with “W”. 

Sit quietly in the public gallery at the back of the courtroom.  When they call your name, go up to the podium. 

If you have a courtworker or lawyer, they will look back in the gallery and quietly acknowledge you to come up.  They will stand by your side and address the court for you. 

Sometimes the judge will ask you a direct question.  If they do, look at and answer the judge directly.

Stand up tall and speak clearly. Showing respect to the judge and the court shows you are likely to follow their orders and instructions.

Some tips:

  • Be on time and remain quiet in court
  • Turn off or silence your cell phone
  • Dress to show respect to the judge and court
  • Take your hat off (Heck! Even comb your hair!)
  • Leave any food, drinks or gum outside the courtroom  
  • Stand when the judge comes in

Plead GUILTY Just to Get it Over With?

Many of us will plead guilty to a charge just to get the whole process over with – whether we are guilty or not. 

But! There are serious consequences to pleading guilty, including a criminal record and potential impacts on future travel or jobs. 

So, think twice before going auto-guilty.

(Not so) Fun Facts about why we may plead guilty.  We:

Why you may plead guilty

Just want to get it over with

Why you may plead guilty

Feel intimidated by the court, justice system, and lawyers

Why you may plead guilty

Are afraid to ask questions or say, “I don’t understand”

Why you may plead guilty

Listen to other people who say, “There’s no point fighting the charge”

Instead of just pleading guilty, consider if the case against you is accurate. 

Take the time to know your options.

Be a boss and have your say about what you want to do.  This is that self-determination, that Otipaymsowin, we’ve been talking about. 

Be the boss of yourself!

If you are not sure what to do, you can ask the judge to reserve your plea and adjourn your appearance to give you time to seek legal advice.

“Plead guilty because it’s only a fine? Yeah, you can pay that. But that’s not the problem. The problem is that you’re going to have a criminal record and deal with that for the rest of your life.” – Roxanne Cardinal, NCSA Courtworker

Pleading Not Guilty

If you plead Not Guilty at your First Appearance, the judge will set a trial date. 

If you don’t have a lawyer at this time, you can ask the judge to, “Reserve your Plea” (to not decide yet) so you can have time to find a lawyer.  

Plead Not Guilty only after confirming your lawyer is available on the trial date set by the judge.

The Crown’s Offer

The Crown Prosecutor (or just “Crown” for short!) represents the Government of Alberta in the case against you.

At the First Appearance, your lawyer can communicate with the crown to learn what resolution they seek for the charge and whether there is a risk of jail.

NCSA courtworkers have good relationships with crown prosecutors and can speak to them on your behalf and see if they have a resolution offer. 

The offer may be a sentence, reduction in charge, fine, or extra judicial sanctions (restorative actions) which could mean charges would get dropped if you complete the sanctions.

If there is a risk of going to jail, consider hiring a lawyer or Apply for Legal Aid. Legal Aid provides affordable legal services but is NOT FREE.  

Reserve Your Plea

Ask about “Reserving Your Plea”  if you feel you need more time to get legal help or decide what to do. 

Reserving your plea is the same as delaying your decision to plead guilty or not guilty until your next court appearance.

Pleading Guilty

If you have reviewed the case against you and agree with the facts, then you may plead guilty and move on to sentencing. 

Sentences may include fines, jail time, probation, restorative justice, or other  consequences. 

If you plan to plead guilty:

Pleading Guilty

Indigenous people have legal rights when it comes to sentencing – including alternatives to incarceration. 

Pleading Guilty

If you choose, you may even qualify to move your sentencing to an Indigenous Court – if your community has one.  

Ask your courtworker or lawyer about these options!

Wait What? Healing Happens!

Dealing with a criminal charge and going to court can be super tough and seriously stressful.

But, if you choose, it can also become a turning point for you to make changes for the better! 

Talk to your NCSA courtworker about your options to make changes today.  They are experienced in understanding: 

  • What happened
  • The circumstances that brought you to court
  • Opportunities for programs, support, or healing

Remember, you matter, and what better way to prove that then to tackle these charges – like the boss that you are!

Looking for More?

YouTube Video

Home Fire: Ending the Cycle of Family Violence

Home Fire explores the colonization of Canada, historic trauma, the western justice system, and grassroots healing programs in Indigenous communities.

Comic Book

Muskwa: Failing to Appear in Court

This comic book features Muskwa the Bear, who teaches about natural law and lays out the legal consequences of failing to appear in court.

Website

BearPaw Media and Education

Visit BearPaw Media and Education to learn more about the law through our Indigenous Public Legal Education publications, videos, comic books and more!

This BearPaw U Quick Learning Guide is legal information only to help you understand the law better. It is not legal advice.