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Canadian Aboriginal Justice Strategy Emphasizes Community Involvement
Although they make up only three percent of the Canadian population, Aboriginal people account for nearly 20 percent of the population in Canada's federal prisons1. In fact, recent studies estimate the rate of Aboriginal incarceration is nine times higher than it is for non-Aboriginal Canadians.
Correcting this disturbing imbalance is a major concern for Canada's justice system. While numerous prevention programs are in place, Canada is also taking a unique approach to dealing with Aboriginal Canadians who do come in conflict with the law.
Launched almost 20 years ago, and refined several times since then, Canada's Aboriginal Justice Strategy is making a significant difference in the lives of Aboriginal people who find themselves in "the system".
The Aboriginal Justice Strategy is a federally-led initiative, coordinated by the Department of Justice Canada, and delivered in partnership with Canada's provincial and territorial governments, as well as Aboriginal communities. The goal of the Strategy is to divert, wherever possible, Aboriginals who are charged with less serious offences, from the mainstream justice system. To do so, it supports a range of community-based justice projects across the country, including diversion programs, community participation in the sentencing of offenders, mediation, and arbitration mechanisms for civil disputes.
Collaboration is a key element in finding solutions that can help create real change in the lives of individual offenders.
"We work directly with Aboriginal communities, with our colleagues in our provincial and territorial governments, and with a host of social and legal organizations,"
said the Honourable Rob Nicholson, Minister of Justice and Attorney General of Canada. "All have a made a real commitment to working together to bridge the historical disconnect between the unique background of Aboriginal people and the criminal justice system."
The Strategy also recognizes the need to consider cultural factors when dealing with criminality, and focuses on healing for both the offender and the community. Through the Aboriginal Justice Strategy, the Department of Justice is working with its partners and Aboriginal communities themselves to support them in assuming greater responsibility for the administration of justice in their communities.
The Strategy assists Aboriginal communities as they establish programs and systems to divert Aboriginal people away from the mainstream justice system for less serious offences, where appropriate. The Strategy is showing success because it allows for cultural sensitivity, more victim participation in resolving offences and community ownership of the process.
"By focusing on healing the community and the offender, the justice system is responding to the truly unique needs of Aboriginal communities, and the success of the Strategy speaks for itself. We're seeing lower rates of recidivism, and the feedback from communities operating these programs is overwhelmingly positive,"
said Minister Nicholson.
Based on its success so far, the Canadian government recently renewed its support for the Aboriginal Justice Strategy, with enhanced funding to 2012. The increase in funding has allowed the Strategy to provide more programming for urban, northern and off-reserve Aboriginal communities, as well as deliver better support and services for Aboriginal youth. In the 2008-09 fiscal year for example, the Aboriginal Justice Strategy operated 124 programs in approximately 400 communities in every Canadian province and territory.
As more and more Aboriginal people become involved in the administration of justice in their communities, the justice system itself is evolving to become more responsive to their needs - a positive development that is gaining the Strategy's community-based programs increasing recognition from the participating communities, governments and the justice system as a whole.
These innovative justice programs, which are tailored to the situation in each Aboriginal community, are paving the way for community healing and justice responses that are truly effective because they are meaningful to the people and communities involved.
Prepared by: Brenda Chapman
