Action complete
Highlights
On April 21, 2022, the Directives on Civil Litigation involving Indigenous Peoples were published. The core objectives of the directives are to prioritize and promote resolution, innovation and negotiated settlement, and to reduce the potential for litigation involving Indigenous Peoples. When matters do result in litigation, these directives instruct counsel to engage honourably and to assist the court constructively, expeditiously and effectively.
Since the directives were published, counsel have become increasingly knowledgeable about all aspects of the directives and adept in their implementation in all litigation matters. The directives are considered and applied in all new and ongoing litigation matters and they inform instructions in every matter. They are applied throughout the litigation process including pleadings, procedural issues, court submissions, and inter-party communications. Consistent with the directives, counsel regularly encourage and support negotiated outcomes in the context of active litigation.
Previous years’ progress
2022/2023 progress details
Highlights
The Directives on Civil Litigation involving Indigenous Peoples were published on April 21, 2022. The core objectives of the Directives are to prioritize and promote resolution, innovation and negotiated settlement, and to reduce the potential for litigation involving Indigenous Peoples. When matters do result in litigation, these Directives instruct counsel to engage honourably and to assist the court constructively, expeditiously and effectively.
Legal Services Branch of the Ministry of Attorney General, with the First Nations Leadership Council (FNLC), hosted a professional development session on the Directives in February 2023. The session provided an opportunity to gain context and insight from Indigenous and government leaders, as well as legal practitioners, into the ongoing implementation of the Directives, how they fit within British Columbia’s reconciliation goals and operationalizing the Directives in the practice of litigation.
Indicators
- Policies/Reports developed: Directives issued from the Attorney General of B.C. to the Ministry of Attorney General legal counsel regarding the conduct of civil litigation involving the rights of Indigenous Peoples.
How are we working together?
Meetings with FNLC were held regularly in the development of the Directives.
Are there challenges?
Action complete.