The B.C. government has implemented treaty commitments from the Tsawwassen First Nation Final Agreement, Maa-nulth First Nations Final Agreement and Tla’amin Nation Final Agreement to recognize Treaty First Nation laws in the B.C. Provincial Court.
On July 5th. B.C. brought into force amendments to the Offence Act to clarify that individuals served with violation tickets issued under a Treaty First Nation law can dispute those tickets in the Provincial Court. The amendments are contained in BC Regs 402/2024 and 403/2024, and were co-developed with the Treaty First Nations.
The Treaty First Nations who are opting in to this process are the Tsawwassen First Nation, the Maa-nulth First Nations (Huu-ay-aht First Nations, Ka:’yu:’k’t’h’ /Che:k’tles7et’h’ First Nations, Toquaht Nation, Uchucklesaht Tribe, and Yuułuʔiłʔatḥ) and Tla’amin Nation. The Offence Act will apply to disputes of violation tickets issued under Treaty First Nation laws, for contraventions of offences under these laws, once the person named on the violation ticket initiates a dispute. Disputes will be heard in the following registries: Richmond (for all Tsawwassen First Nation violation tickets), Port Alberni and Campbell River (for the five Maa-nulth First Nations violation tickets), and Powell River (for all Tla’amin Nation violation tickets).
Offences under Treaty First Nations laws could include environmental offences, land use offences, election offences and other types of summary conviction offences. Each Treaty First Nation law will set out the maximum penalties for ticketable contraventions, up to the maximum penalty that is set out in the relevant Final Agreement.