Law association event focuses on Indigenous issues

TIMMINS – The association representing lawyers in and around the Timmins region held their annual Fall Professional Day with a focus on Indigenous issues, hosted by the Timmins Native Friendship Centre.

Lawyers with the Cochrane Law Association say they don't get to work with members of the Indigenous community very often outside of the court process.

One of the guest speakers delivered a presentation about property on reserves and land claims.

"First Nations people, in particular, have to address to land rights issues so they have a bit of an understanding of what they’re dealing with and where they might look for further information," said David Nahwegahbow, Lawyer.

Nahwegahbow says the root of many disputes over land is a differing perspective about the meaning of land. He says Indigenous people view it less like a commodity and more like a living thing.

"There's an obligation on the part of judges and lawyers to try and get a sense of what Indigenous legal orders, Indigenous laws are, how do Indigenous people see the law and what were their laws and what are their laws," he explained.

Updates on federal and provincial legislative changes in criminal law were also brought up. One of these changes, in particular, was jury selection.

Some civil matters will no longer have juries and there's less flexibility when it comes to jury selection in criminal matters.

Graham Jenner, past President of the Cochrane Law Association, says crown and defence lawyers are concerned.

"Essentially now, it's not quite the first 12 people are the ones you're going to get but it's a lot closer to that and we have a lot less insight to the composition to the jury and less ability to impact the composition of the jury," said Jenner.

Lawyers were also shown more about the services offered by the Timmins Native Friendship Centre and other Indigenous-based agencies.

"So I think just understanding that Indigenous people should be receiving programming from an Indigenous agency… so just creating that type of awareness and like being able to refer here instead of a non-Indigenous agency is really important," said Meagan McLister, Indigenous Court Worker.

Other changes lawyers are learning about include those dealing with bail, youths and small claims court, where starting January 1, the limit you can sure someone for will increase from $25,000 to $35,000.