Fact Sheet - The Teslin Tlingit Council Peacemaker Court
The Teslin Tlingit Council Administration of Justice Agreement (AJA) came into effect on June 30, 2011. This historic agreement comes as a result of Section 13.3.17 of the Teslin Tlingit Council's Self-Government Agreement, which came into force in 1995 and recognized its jurisdiction to administer justice.
Overview of The Peacemaker Court
The Teslin Tlingit Council AJA provides for the establishment of a Peacemaker Court. Work is currently being done to have the Court up and running by the end of 2011. This Court will have the jurisdiction to resolve disputes and adjudicate violations under Teslin Tlingit law in accordance with Teslin Tlingit principles and values. The Peacemaker Court will operate in accordance with principles of judicial independence, impartiality and fairness.
Peacemaker Court orders will be implemented in keeping with Teslin Tlingit enforcement and corrections laws, in the event that the Teslin Tlingit Council chooses to enact such laws. The Court will have the authority to conduct judicial reviews of Teslin Tlingit decisions or actions and hear administrative appeals. Peacemaker Court decisions may be appealed to the Supreme Court of the Yukon Territory, in accordance with the Teslin Tlingit Council AJA or Teslin Tlingit law.
Jurisdiction
The Peacemaker Court has the jurisdiction to hear all matters arising under Teslin Tlingit law, including:
- adoption
- inheritance
- wills
- solemnization of marriage
- management, control and protection of Settlement Land
- rights and interests on Settlement Land
- natural resources
- gathering, hunting, trapping or fishing
- protection of fish, wildlife and habitat
- prevention of overcrowding of residences or other buildings
- planning, zoning and land development
The law-making jurisdiction of the Teslin Tlingit Council and the Peacemaker Court does not include any jurisdiction in relation to criminal law or procedures. The Canadian Charter of Rights and Freedoms will apply to the Teslin Tlingit Council government and Peacemaker Court.
Court process
The Peacemaker Court will provide two types of court processes in a staged approach. Stage One is a consent-based dispute resolution process. Stage Two will provide adjudication and appeal services. The Stage Two process will be suspended for a period of approximately four years, during which time any violations against Teslin Tlingit legislation will be prosecuted before the Yukon Territorial Court. This four-year period will allow for Teslin Tlingit Peacemakers to develop the necessary skills to assume and exercise Stage Two court responsibilities. Both Stage One and Stage Two will then operate concurrently.
For further information, visit the Teslin Tlingit Council's website.
July 2011