Legal Resources
Overview
With support from the New Brunswick Law Foundation, WTCI developed a series of resources to support Wolastoqey community members to better understand the New Brunswick justice system. The resources are divided into five groups: Legal and Indigenous Rights, Personal Safety and Police, Child protection and Family Services. Elder and Vulnerable Protection Services, and Housing and Property Rights.
The following resources help explain the main differences between civil and criminal cases. They also provide guidance on when to ask a lawyer for help.
These resources explore ways to protect and support families, how to get your traditional name back, how to support children who have experienced violence, and how to make sure children have access to basic needs.
These resources provide advice on what to do if you are stopped by a police officer, explain your legal rights, and show you how to report police misconduct, including how to deal with different types of violence.
These resources provide guidance on how to help and protect elders. Whether they are experiencing violence or having difficulty making decisions on their own, you can explore the different resources available to support them.
These resources explain Indigenous housing rights, whether on or off reserve. It also provides guidance on how to transfer property to another person when unexpected situations arise.
Legal and Indigenous Rights
Understanding civil and criminal cases
Civil and criminal cases are two different types of legal cases. They deal with different issues, involve different people, and have different outcomes. The resources explain how each type of case works, including the steps involved, important legal terms and possible sentences and results.
When and how to get legal help
Almost everyone may need legal advice at some point in their lives. Whether you need help understanding a legal issue, protecting your rights, or solving disagreement, it is important to know when to ask a lawyer for help. These resources explain how to find and get legal support.
Personal Safety and Police
Support for adults who experience sexual assault
Sexual violence is any unwanted sexual act or behaviour, and it can happen to anyone, regardless of their age or gender. If you or someone you know has experienced sexual violence, this guide outlines the many support options available to help you.
How to escape domestic and intimate partner violence situation
Domestic violence victims are not alone. There are people and organizations ready to help and support you. This document explains how to get away from domestic violence safely and outlines the different support options available.
Statement to Police (Wallet card)
Dealing with the police can feel frightening and confusing. This wallet card explains what to do if you are stopped or detained by an officer. It also tells you your rights in this situation.
Rights and Responsibilities when coming into contact with the police in public
If you have experienced or witnessed police misconduct in New Brunswick, this document explains how to make a complaint against the Royal Canadian Mounted Police or the local municipal police.
Child Protection and Family Services
Supporting youth and children affected by crime
Being a victim of a crime can be deeply upsetting. A child may feel powerless and unsafe both during and after the event, which can lead to behavioral changes like anxiety. This document helps parents find ways to support their children and learn more about the programs available to help them.
What you need to know about parenting arrangements
When a marriage or relationship ends, who gets to make decisions for the children? Parents can create a “parenting agreement” that covers important issues, such as where the child will live and their well-being.
What to do if your child is at risk of being taken away
Child protection cases can be overwhelming. This is especially true for Indigenous families, given the painful history and ongoing impacts of colonialism. This document will help you understand how it works, as well as your rights and responsibilities when dealing with the New Brunswick Department of Social Development.
How to acquire child support and what that entails
Child support is money being paid by one parent to the other to help cover costs of raising their child. It helps make sure the child’s basic needs, such as food and housing are met. The amount is based on what the paying parent can afford.
How to reclaim your or your child’s traditional name
Traditional names are considered a name used before attending a residential school, or a name given at a cultural naming ceremony. Getting your traditional name legally can be a part of your healing journey and help you express your identity.
Elder and Vulnerable Protection Services
Elder abuse: What to do and how to seek help
If you are or know an Elder who is being abused, or suspect that an Elder has been subjected to abuse, it is important to know that you are not alone, and help is available.
What you need to know about power attorney
If you are no longer able to make certain decisions for yourself, someone you trust can make them for you. An Enduring Power of Attorney (EPA) is a legal document that allows you to choose someone to make decisions about your finances and care if you become unable to do so yourself.
What is supportive decision-making
If you or someone close to you has a disability or a condition like Alzheimer’s disease, it is important to know about New Brunswick’s Supported Decisions-Making and Representation Act. This law protects your right to make decisions about your own life. It recognises that people can make their own decisions, even if they need help understanding information, communicating, or making those decisions.
Supported decision-maker and enduring power of attorney
This comparison chart document explains the roles of a decision-making assistant and Enduring Power of Attorney (EPA). It describes who can help gather important information, communicate your decision to others, or make decisions on your behalf. It also explains the differences between these roles and what you need to qualify for each one.
Housing and Property Rights
Distinction between housing on and off of reserves
Finding a home to rent can be difficult, especially when the rules are not clear. This document explains your rights and responsibilities under New Brunswick’s Residential Tenancies Act, which is the law that sets the rules for landlords and tenants.
On-reserve housing what you need to know
Housing rights and responsibilities are different for people living on and off reserve, as certain legal rules only apply to on-reserve housing. This document explains basic information about specific rights and responsibilities of an Indigenous person living on the reserve.
Human Rights (The Right to be free from discrimination and harassment)
Everyone has the right to be free from discrimination and harassment. For housing, sellers and landlords cannot refuse to rent you or treat you differently based on your identity. Learn more about your rights.
Matrimonial and property rights on reserve
When people marry, they often share a home or a property. If the marriage ends because of divorce or death, the big question is what happens to that property. This document explains what to do in this situation.
Making a Will
A will is a legal document that says who will receive your property after you pass away. Learn more about the steps on making one.