Effective Date: 10 April 2018
Notice to the Profession and Public
Prosecution of Offences Under the Tla'amin Final Agreement
On April 5, 2016 the Tla’amin Final Agreement Act, S.C. 2014, c. 11, and the Tla’amin Final Agreement Act, S.B.C. 2013, c. 2 (together, the “Tla’amin Act”), largely came into force. The Tla’amin Act implements the Final Agreement reached between the Tla’amin Nation, Her Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of British Columbia.
The Final Agreement vests in the Tla’amin Nation the jurisdiction to make laws regarding a number of subject areas described in the Final Agreement. One term of the Final Agreement is to provide that the Provincial Court of British Columbia is the forum within which prosecutions of particular offences under Tla’amin Nation Laws will be heard.
Any prosecutions of offences under Tla’amin Nation Laws which are to be heard in the Provincial Court of British Columbia shall be heard at the Courthouse in Powell River, British Columbia.
The Final Agreement provides that the summary conviction proceedings of the Offence Act, R.S.B.C. 1996, c. 338, apply to prosecutions of offences under Tla’amin Nation Laws.
Thomas J. Crabtree
Provincial Court of British Columbia