Nunavut Justice Issues: An Annotated Bibliography

4.  Annotated Bibliography (continued)

Dorais, Louis-Jacques.  “Language, Culture and Identity: Some Inuit Examples”, in Canadian Journal of Native Studies (1995) 15 (2).

The role of language is vital to any culture, as it forms the basis for how events are perceived and interpreted by a group of people.  It transmits information in a particular way, a way that only those who understand the language are able to fully comprehend. In Inuktitut, like all languages, there are implications and nuances.  Inuktitut is a vital part of Northern life and culture.  Any community-level reform, especially those in the area of justice, must address the role of language and incorporate it into the mechanics of delivery.  This piece highlights the Northern environment.

General Overview

This paper explores the Inuit attitudes and practices toward language and its relationship to knowledge and culture in two Inuit communities.  As it is indicated in many other pieces in this collection, Inuktitut plays a large role in Inuit communities.  In some communities within Nunavut, 20% of the population speak neither English nor French and only Inuktitut.  In this article the author examines the role and use of Inuktitut in Nunavut and Nunavik.  There are important implications for justice that flow from his findings. Because language plays a crucial role within contemporary Inuit culture, Inuktitut must be incorporated into the development and implementation of Inuit justice systems, if those systems are intended to represent the needs of the community.

These conclusions and findings are based on research conducted between 1990-1993 in Igloolik (Nunavut) and Quaqtaq (Nunavik).  The main source of information was in- depth interviews with residents of small, wage-economy communities. Most bilingual interviewees were born after 1950. 

Themes/Assumptions

Findings

Bilingualism (English and Inuktitut) is related to formal schooling.  Southern-style education introduced and reinforced the usage of English within the community. 

English and Inuktitut perform different functions in the community and hold different positions within the community.  Inuktitut is considered important as a symbol of Inuit identity.  It is seen as the principal conveyor of Native culture, as a tool to communicate with Elders, and as the preferred way to express one’s inner feelings. It is the language of identity.  English is important because it is the way to learn new things in order to not be ‘left out’ It is seen as a necessary and useful tool, one that is required to compete in the modern world.  It is the language of practicality.

The use of Inuktitut needs to be expanded and protected.  Inuktitut is indispensable to Northern Inuit peoples.  It is intimately linked to and is seen as playing an important role in self-definition.  However, for Inuktitut to regain its social power, the author concludes, it must be seen as the language of both identity and practicality.  Inuit organizations and ‘elites’ have not given language the proper consideration.  While it plays an important role at the community level, there must be a concerted effort by the national Inuit organizations to increase the visibility and use of Inuktitut at regional and national levels.

Conclusions

Inuktitut is used and valued.  It is a method of general communication, and a symbol of identity.  In other words it has practical and symbolic importance. This has implications for the development of justice systems and personnel.  A justice system, developed to address the needs of the Inuit in Nunavut, must be aware of the practical needs (the fact that 20% of many communities only speak Inuktitut requires special services to be readily available and easily accessible) and the symbolic role (conveying meaning to events through a Inuit lens of experience).  The role of language is vital to identity and without active and useful presence of the language, that identity could erode. 

The intrusion of southern culture and values is clearly dangerous to Inuit culture and identity.  Through preserving and perpetuating Inuktitut a strong link to culture is preserved.

Evans, John, Robert Hann and Joan Nuffield.  Crime and Corrections in the  Northwest Territories.  Government of the Northwest Territories, 1998.

This comprehensive report examines social problems, crime and justice issues in the North as well as the dynamics between community justice and mainstream justice. This report clearly articulates the state of crime in the Northwest Territories, specifically in the Eastern region (Nunavut).  Having this information, knowing the conditions and the state of affairs is vital for putting together an effective strategy in crime prevention and addressing the specific justice issues that exist in the North.  It also addresses the community level response to enlarging community-based corrections and community responsibility in the area of corrections, thereby addressing the issues that must be addressed before true community-based initiatives can be successful.  Further, it illuminates the interconnected nature of Northern justice issues.  Finally, the report highlights the importance of adequate preventative measures and the role of programming in ending the cycle of abuse/crime.  As a whole, the report speaks to the Northern environment, the relationship that may be developed with the mainstream justice system, and the dynamics of community mobilization and power dynamics. 

General Overview

This study was undertaken for the Minister of Justice and the Minister of Health and Services Government of Northwest Territories.  It represents a review of the correctional system of the Northwest Territories, the trends in crime and criminal justice, the implications and desirability of enlarging community corrections, and the challenges facing institutions in meeting the needs and assessing the risks of offenders.  The terms of reference for the study also included examining how corrections might be organized and delivered following the division of the Territory to create Nunavut.

The methodology included the use of raw data, interviews (with community members and justice officials) and past research.  The interviews represented the views of 14 communities (out of over 60) that were chosen by the Ministry.

Underlying Themes

Major Findings and Conclusions

The current environment of corrections in the Northwest Territories is in serious need of attention: The prisons are overcrowded.  In 1996/1997 they were operating at 43% over capacity.  Further, they found that the Northwest Territories has the highest incarceration rate of all provinces and territories (representing three times the Canadian average) and the majority of those incarcerated are there as a result of committing violent crimes.

Growing ‘crime-prone’ population: The general population of the Northwest Territories is growing steadily and faster than other parts of the country.  The birth rate is twice the national average.  The researchers predict a growing crime-prone population in both the Eastern and Western regions (between the ages of 12-24).  This implies that if criminogenic factors are not addressed and prevention strategies are not developed the situation in the Northwest Territories in regards to crime and corrections will be aggravated.

The unique characteristics of offenders in the North: Offenders in the Northwest Territories have specific risks and needs that require more relevant approaches and strategies to be adopted in corrections. The high prevalence of criminogenic factors such as unemployment, low educational levels, substance and solvent abuse, previous convictions, dysfunctional family life, early exposure to violence, poverty, and despair present significant challenges for corrections in the North.  These conditions demand that more effective strategies are developed. 

The geography of the Northwest Territories: The geography of the North (like the characteristics of the Northern offender) requires that unique approaches be taken. The researchers point out that what is considered a standard approach in the South, will not work in the North where communities, generally small, are dispersed over a vast geographic area.  This geography requires a specific strategy.  Limited resources – both human and financial - are also a reality in the North and that must be incorporated into any initiatives that are developed.

Use of police in Northern communities: The researchers noted that it is a significant event when officials are called in.  Once the police are called into the community to address an offence or an offender, the community members often feel that they have exhausted all of their resources and it can no longer protect itself from the offender. 

Communities and community-based corrections: Communities are not prepared to take on more responsibilities regarding community-based corrections.  They have neither the resources nor in many cases the commitment or strength to assume more responsibility for these offenders.  Communities are in varying degrees of preparedness and ability to address justice in a community-based fashion.  The researchers found that many community members see the devolution as a situation of ‘off-loading’ the problem onto the community without giving them the adequate resources to do the job. 

Failure of the current community-based corrections system: Researchers found that to many communities, the current community-based corrections system is not working. Community residents and local officials indicated that paperwork monopolizes the agencies and agents time, aftercare (for the offender when they come back to the community), a vital component to corrections and rehabilitation is virtually absent, and the roles between social worker and probation officer are often dangerously blurred.  Further, probation is seen as a joke, with set conditions that often go unfulfilled lacking any adequate level of accountability.

Importance of victim services in the communities: A discussion of corrections cannot take place without incorporating the victim into the equation.  Similarly an effective strategy must not only support the victim in publicly denouncing the crime and demanding that it be addressed, but also in their journey through corrections. Without such services many victims may not pursue the matter and as a result they will suffer the financial costs (property offences) and spiritual and human costs (violence and sexual assault) without any assistance.  In small, isolated communities, where support for the victim is lacking and/or there is an opinion that family violence is accepted as a part of life (as is the case in some communities of the North) these services assist the victims many ways.  Researchers also found that in many of the communities the focus was on the offender, while the victim was not given the attention they required.  For these reasons, victim services are very important to these communities and they must be given adequate support in developing them. 

Major Recommendations

To address the particular needs and risks of Northern offenders, and facilitate community-based corrections and community-based justice, a strategy must be developed to make changes at both the institutional and community level:

Institutional Level Reform: Over-crowding has made effective programming almost impossible.  The particular needs and risks of Northern offenders must be assessed to ensure that they are in proper facilities and core programming (based on social learning theory) should be developed.  Such programming should be broad-based, address criminogenic needs and be developed and implemented in a culturally appropriate fashion, grounded in Inuit culture.  Aboriginal Healing Programs, programs focussed on family violence, sexual offending, alcohol and drug treatment, mental health programs and employment programs are all vital.  None of these programs should be incorporated at the expense of the others.  Such programs acknowledge the need to address the problems that brought the individual to the criminal justice system, (the factors associated with recidivism) and attempt to prevent the reoccurrence of offending by teaching new skills and behaviours.

Community Level Reform: Strategies must be developed to address the low level of community tolerance, readiness and ability to assume more responsibility for handling offenders in the community.  The strategy the researchers propose is a multi-faceted approach that puts community development at the foreground.  Before community-based justice systems can become more effective a number of pre-conditions must be in place.  The researchers conclude that much community development and healing is required.  Communities need to gather strength and develop a strategic plan for healing the community to effectively assist in healing others.  This requires not only the input of the members of the community, but also a significant level of desire and commitment within the community to take on the challenge.  It requires that effective training for those who will be community-based justice agents be available.  It requires effective drug and alcohol programs in the community and aftercare for the offender to follow-up with after the prison programs.  It also requires that victim services be developed.  At this level, justice issues and healing are often part of the same process.

Conclusions

Communities need to work at their own pace in developing and administering community-based justice initiatives.  Communities differ in their ability to adequately address community corrections and as a result no standard approach or timetable will work for them all.

The problems associated with how community corrections are now operated need to be addressed.  To address the criticisms regarding how they are presently being operated, the researchers make a number of recommendations.  Specifically, that more resources be placed in the community for correctional operations, more training be offered to those in the community who perform correction functions, and more effective and responsive victim services need to be created.

Any future efforts to have communities take on more community-based responsibility should be evaluated for their impact on victims, offender, communities, and the justice system.  The programs should not be haphazard or unexamined; community-based corrections and justice initiatives are a learning process and the successes and failures have to be noted and learned from.

Victim services must be developed.  A significant investment must be made in services to victims and their families.  Support for victims is almost absent.

Working with the family is essential.  The large number of cases that involve sexual assault and spousal assault require addressing the needs and cycles that exist within the family.  The researchers conclude that without effective programs the cycle of violence continues.

A strategic and operational plan must be developed to respond to the expected increases in prison populations in the Northwest Territories and especially Nunavut. The uneven distribution of inmates between the facilities in the Eastern and Western regions indicates that facilities in Nunavut are not able to accommodate the inmates who are from Nunavut.