A few years ago, I was working on Haida Gwaii when I was approached by a councillor about one of their community members. He had been issued a ticket for riding his ATV on reserve without a driver’s licence. Because it was his second driving while prohibited offence, the file had been escalated through ICBC to RoadSafetyBC, and he was now facing a court summons with a mandatory minimum sentence of 14 days in jail.
On the surface, it appeared straightforward, I would soon come to learn it would be anything but straightforward.
The Motor Vehicle Act in British Columbia is not automatically enforceable on reserve in the same way it is off reserve, and in this particular case, the ticket should never have been written. The RCMP should not have issued it, and ICBC should not have processed it. Yet the system, without proper checks in place, moved forward as if everything was in order placing this individual on a path toward incarceration for something that should never have entered the system in the first place.
As we began to navigate the situation, duty counsel advised him to simply accept the outcome and serve the jail time. It was presented as inevitable, as though the law had already decided.
Truthfully, the law had not been properly understood and we made the decision to challenge it.
In doing so, we encountered another layer of concern. Duty council initially agreed to take on the case, but only if I volunteered my time to support him as a research assistant, citing limited capacity and resources through legal aid. That alone raised questions about the level of care being applied to a case with such serious consequences not only to the Haida member but also as precedent to other reserves. More recently, we learned that this same duty council now sits on the board of ICBC.
This story is not about one person or one legal case. It is about what the system reveals.
When there is a lack of attention to jurisdiction, to the nuances of law on and off reserve, and to the real-life implications of decisions being made, it creates conditions where bias, even if unintended can shape outcomes. When those in positions of influence are not deeply grounded in the realities of the systems they help govern, the risk is not abstract. It is lived.
It is felt in communities and in future generations when children lose parents to incarceration.
Situations like this erode trust. They create frustration and they reinforce a perception that systems are not built with Indigenous realities in mind, even when those systems speak to reconciliation and equity.
This is how gaps widen. And yet, this story did not end with another criminal record.
Through careful review, advocacy, and a clear understanding of the law, this individual did not go to jail. Instead, he was able to move forward, obtain his driver’s licence, and begin building a different path.
Today, he is working in construction with one of the largest employers on his reserve. He is contributing to his community, supporting other families, and has become a role model for others around him of what is possible when you drive licensed. What could have been a story of incarceration, one that reflects a pattern we see far too often across this country, became a story of possibility. Not because the system worked as intended, but because we stepped in and asked a different question.
Our work today at All Nations Driving Academy is grounded in preventing these situations from happening in the first place. It is about supporting equitable access to driver licensing, ensuring people understand their rights, and helping communities navigate systems that are not always designed with them in mind.
Because too often, Indigenous people are overrepresented in systems of enforcement and incarceration, not because of intent, but because of how policies are applied, interpreted, or misunderstood.
This story is one example of how that trajectory can be interrupted. Not through confrontation, but through clarity. Not through blame, but through understanding.
We share this story not to call out individuals, but to invite reflection at a systems level. There is an opportunity here, for ICBC, for government, and for those involved in decision-making, to deepen understanding of jurisdiction, to strengthen accountability, and to ensure that policies are applied in ways that are both legally sound and culturally informed.
Because when systems are aligned, outcomes change.
"We share this story not just to highlight a challenge, but to advocate for a path forward. We call for enhanced governance and oversight within institutions like ICBC and for a collaborative effort with the Attorney General's office to ensure that those in decision-making roles are equipped with the necessary understanding and commitment. Together, we can create systems that truly reflect the principles of equity and justice for all."
Authored by Lucy Sager, founder of All Nations Driving Academy, dedicated to ensuring equitable access to driver licensing and fostering meaningful change in Indigenous communities. And to my friend Josh D - Thank you for being my teacher.