Nunavut Justice Issues: An Annotated Bibliography

4.  Annotated Bibliography (continued)

Fiddler, Jonas and Josias Fiddler.  “Current Initiatives on the Sandy Lake Reserve, Ontario”, in Self-Sufficiency in Northern Justice Issues Burnaby: Northern Justice Society, Simon Fraser University, 1992.

This article highlights an initiative that is taking place in Sandy Lake, a Northern Ontario reserve. While it does not speak to the specific issues that are relevant to the North and Inuit communities, particularly in Nunavut, it illuminates some of the First Nation justice initiatives that are taking place at the community level, and discusses how one initiative is attempting to meet their community’s justice needs.  Lessons learned are the focus, as well as the relationship that may be developed with the mainstream justice system, and the dynamics of community mobilization and power dynamics. 

General Overview

This article is a part of a larger collection that addresses the potential for criminal justice self-sufficiency in the North and some of the strategies that communities can use to facilitate it.  The participants are often front-line community workers and through their dialogue and commentaries some of the important issues on the topic are uncovered.  The discussion is led by a resource person(s) and the information they provide is often not scripted, but spontaneous discussion and sharing of experiences.

Sandy Lake reserve is a First Nation community located in Northern Ontario.  Like many Northern communities it is relatively isolated and has had to address the problems associated with circuit court justice and fly-in courts.  In response to the foreign goals and ineffective processes of the formal criminal justice system the community in Sandy Lake developed an Elders Council to address justice and anti-social behaviour.  The Elders Council is made up of two men and women.  They are recommended by the community and selected by the Band Council.  This discussion examines the issues that the Sandy Lake Reserve has identified in the development of their community-based justice structures (Elders Council) and programs (peace officers).  However, while the discussion clearly articulates the role and structure of the Sandy Lake Reserve Initiative, and how it tries to meet the needs of the offender it does not give adequate attention to the needs of the victim(s) of crime.  We are left to wonder how victims are supported, who in the community identifies their needs, and how it is ensured that those needs are met.

Underlying Themes from the Dialogue

Findings

Failure of the mainstream criminal justice system: The participants held that jail isolates and perpetuates criminal behaviour.  It further divides the individual from the community, especially in Northern areas.  The participants held that in community-based initiatives, shame and responsibility are incorporated in a more effective manner.  As a result community-based programs do a better job of reintegrating and rehabilitating the offender.

Community involvement: Everyone in the community should be made to feel that they have a stake in the process and should be involved in addressing the anti-social behaviour.

Role of the Elders on the council: The roles of the Elders include mediating and counseling all those involved in the act or harm caused: the offender, the victim and their families.  Before and after court Elders are available to the widest circle possible.

Effect of the program: As a result of the efforts of the Elders Council and the peace officers in the community, there have been fewer repeat offenders in Sandy Lake.  The participants are quick to point out that there have not necessarily been fewer offences, but fewer repeat offenders.  Similarly, fewer cases make it to the formal courts.  Instead they are addressed by the Elders Council or Band Council.

Addressing the role of alcohol and acting on the problem: Alcohol is a large problem in many small, isolated communities, such as Sandy Lake.  The participants hold that a community-based justice initiative must be developed with a strategy for effectively addressing alcohol abuse.  Sandy Lake is a dry community.  To ensure that alcohol was not brought into the community Sandy Lake Council set up roadblocks and gave their peace officers the authority to search the baggage of those people coming into the community.  They found that many community-members gave the bottles of liquor to the peace officers because they respected the wishes of the community. 

The blending of traditional values with modern realities: The Elders Council is an initiative that neither completely relies on a traditional form of doing justice, nor a mainstream approach.  They conclude that many traditional customs are not completely incorporated into Sandy Lake’s initiative because many of the traditional ways of resolving disputes or dispensing justice are not effective.  At the same time the initiative does not mirror the conventional, formal mainstream criminal justice system since the focus of the initiative is not on punishing and laying blame, but on accepting, taking responsibility and helping the offender.  They conclude that the important aspect of the initiative is that it is community-based; it is a justice system that is welcomed and understood by the community.

The role of the mainstream system: The mainstream system acts as a ‘safety valve’ for the community-based initiative by supplying its coercive nature when such force is necessary for the good and safety of the community.  Also, Elders do not get involved in really serious issues like rape and murder.

Role of the victim in the community-based initiative: In this account there is no adequate mention or analysis about the role of the victim and their satisfaction with the initiative.

Finkler, Harold.  “Community Participation in Socio-Legal Control: The Northern Context”, in Canadian Journal of Criminology 34 (1992) 3/4.

This article highlights the importance of distinguishing between community-level initiatives and community-based initiatives.  Many initiatives that are presently being developed and initiated are taking place at the level of the community, however they are not community-based.  That is, they are neither grounded in nor developing out of the needs and values of the community.  This piece illuminates issues surrounding community mobilization and the Northern environment.

General Overview

The introduction and primary role played by Euro-Canadian institutions in the North has impacted on Northern Inuit communities in a number of ways.  The intrusion and ensuing dependency can be linked to the limited involvement and abilities of the community in socio-legal control. The efforts at community participation and involvement are examined in this paper and the researcher holds that these past initiatives are insufficient.  This work is based on findings that arose from the researchers socio-legal fieldwork in the North. 

Underlying Themes

Findings

A traditional framework for social control existed in the North: There was a system in place that prevented and addressed anti-social acts.  It also provided socio-legal control of the community by the community. 

Formal agencies and the displacement of community control: Since the Second World War there has been an enormous growth in formal state agencies in the North.  The presence and power of these state agencies, which represented medical, legal, education and political agencies, had numerous implications.  They eroded primary group relations, family solidarity, parental authority, traditional male/female roles, and close ties between generations.  They are also responsible for the emergence of a changing value system - one grounded in Southern values.  There has been an increased growth in the level of dependency upon these Southern institutions by Northern communities.  In effect, they displaced the pivotal roles that the community played in socio-legal control.  This displacement is linked to the rise in alcohol abuse and crime in Northern communities and the inability of traditional mechanisms to operate effectively to address them.

Indigenization as an ineffective solution: Indigenization has been the way that community involvement has been incorporated into socio-legal control.  In other words, justice initiatives and community involvement have taken place in a framework that incorporates Inuit people into the existing system, not Inuit values and methods.  Finkler looks at some examples of how community involvement in socio-legal control has been grounded in the existing system and how, although these initiatives are successful in meeting the immediate needs of the community, they do not represent an example of real Inuit community control and direction.  Instead, they are a creative use of the existing system.  For example, the author discusses alcohol control in communities and how communities have used the legal restraints that are available, such as by-laws, to address the problem.  He also discussed youth justice committees, seen as solutions of the community to divert youths from the criminal justice system, as an approach that is legislated in the Young Offender’s Act.  These examples are not being criticized, but rather they are explored as ways that justice initiatives in the North are being developed in a Southern framework, one provided by the mainstream system,

Conclusions

Indigenization as the route for community involvement in the North is problematic: These initiatives are important and have been successful, but they do not challenge the framework that created the conditions in the first place.  Further, it does not explore the effects that both modernization and the intrusion of formal agencies have had on displacing communities. As a result, the underlying assumptions of the imposed system, as well as the effects that it has on undermining traditional norms of socio-legal control, are not examined and refinements are made only at the micro-level.  This leaves questions about who develops and administers the program unexplored.

Grounding initiatives in a macro-level framework: Increased community involvement must take place within a macro-level framework that recognizes the need for changes in the existing power structures and the relationships that they create.  Such a framework must restore Inuit control over their political, social, economic and legal affairs.  The author holds that “long-term solutions to the tragedy of natives in conflict with the law and the enhancement of increases community involvement in the control process will only emerge through success on political fronts that provide the macro-framework for development of an autonomous, indigenously controlled justice system”.

Football, Betty Ann, William Kehoe, Madeleine Qumuatug, Wanda Vanelts and Ray Yellowknee.  “Justice Committees as Vehicles to Justice Self-Determination”, in Justice and Northern Families: In Crisis… In Healing… In Control .  Burnaby: Northern Justice Society, Simon Fraser University, 1994.

This article, part of a workshop compendium, looks at some of the justice committees that are operating in the NWT - specifically in Fort McPherson, Rae-Edzo, Tuktoyaktuk and Iqaluit.  It only gives a brief description of each, a description that represents one person’s perspective, but some of the questions from the audience and dialogue between the audience members and the participants illuminate the issues that face a justice committee when being developed and operating in the North.

General Overview

This article gives an overview of a number of local Justice Committees operating in the North.  Arising out of that overview and comments from the audience, a number of issues worthy of note come to the fore.  The resource persons were Betty Ann Football (Courtworker, Rae-Edzo Friendship Centre, Rae-Edzo, NWT), William Kehoe (Vice-Chairman, Fort McPherson Justice Committee, Fort McPherson, NWT), Madeleine  Qumuatuq (Coordinator, Adult Diversion Program, Iqaluit, NWT), Wanda Vanelts (Courtworker, Fort Mcpherson Justice Committee, Fort McPherson, NWT) and Ray Yellowknee (Area Supervisor, Native Counselling Services of Alberta, Edmonton, Alberta).

Underlying Themes

Findings

There are various local Justice Committees operating in the NWT:

Wabasca Youth Justice Committee

Operating since 1991, the Committee has four sub-committees.  Although they mainly work with youth, the Committee also addresses first time adult offenders in the community.  Only 10% of the youths that were diverted to the Committee re-offended.  The dispositions they use include apologies, community service orders, and restitution, and the process focuses on healing the offender.  The RCMP supports the initiative and the Justice Committee depends on the RCMP for referrals.

Iqaluit Adult Diversion Program

Operating since 1992, the Committee has five subcommittees.  The committee is reliant on volunteers who make up such groups as a screening committee (to determine if it is a case that they can deal with - if not it goes back to the formal criminal justice system) and a follow-up committee/team (to address the needs of the offender after the disposition and recommendations have been made to ensure they are being met and the offender is getting what he/she needs).  Between referral and follow-up the Committee works with the offender to persuade him or her not to act badly in the future, works to reconcile the offender with the victim, focuses on preventing division in the community and maintaining harmony between the victim and offender. The Committee deals with minor offences, such as shoplifting and fighting, although they are not all first-time offenders. The Committee relies on the RCMP and Crown counsel for referrals.

Fort McPherson Justice Committee

Operating since 1991, this Committee evolved from a youth justice committee to one that incorporates adult offenders as well.  They have a close working relationship with the RCMP, Crown and Judge (for referrals, support and acceptance of community dispositions).  They found that most of the recommendations they have made to the court have been accepted.  Their main goal is healing the offender and the community.  As a result there is a strong focus on healing.  The participants noted that healing would take on a different look and plan of action for each community.  For them, a community healing camp has been discussed for future development.

Rae-Edzo Band Justice Committee

At the time of the presentation, this initiative was not as successful as the others claimed to be.  However, the participants pointed out that even though this particular initiative was not adequate, something must be done because circuit courts are definitely not working.  As a small community they have experienced many problems that revolve around funding (none), a lack of community support and volunteers to assist the Committee, and a feeling of overwhelming powerlessness when facing the inter-related issues of criminal activity in the community, and wondering ‘where to start’.

Tuktoyaktuk Justice Committee

Began in 1991, this justice committee makes recommendations to the circuit court that are grounded in traditional justice.  Like the others, they rely on the RCMP for referrals and they are limited by low funding.  They are cautious and point out the need to carefully consider a plan of action for the offenders who meet with the Justice Committee.  They also recognize that the Committee, as a result of the offender-driven approach they have taken, has ignored the needs of the victim.  The hold that Committee is trying to change that.

Conclusions/Issues from the Dialogue

Community specific: It is important that a number of options are explored to determine the best one for each community. As each community is unique, so must be their local Justice Committee (its operation, development, goals and relationship to the formal system).

Community driven: The community has to be very involved in the design and administration of a local Justice Committee as well as the recommendations that it makes to the court. 

Justice Committees as a process: There are no instant solutions since many things take time to change. Committee representatives discussed how there have been ups and downs in their Committees operation and such periods of shifting levels of success are normal.

Relationship with other agencies: The relationship the Committee has with other agencies (the formal system) has to be clear.  Will the focus be on diverting the cases from the formal system pre-charge, or will the focus be post-charge?  In both cases an adequate referral system is required and a good working relationship with the RCMP, courts and Crown must be established.  The courts must ensure that they will give serious consideration to the recommendations the Committee will make.

Case-selection: The cases that the community will deal with have to be determined in the development stages.  For example will the Committee address minor offences, first time offenders, youth or adult offenders, or both?  These are issues that should be adequately examined.  However, as a Justice Committee evolves, so must their offence thresholds and case selection.  A case-screening group may be useful in this case.  A question that may guide their decision to get involved, suggested by the Iqaluit Adult Diversion Program, may be whether the help of the community (given their resources and abilities in relation to the offence in question) would make a difference for the offender and the victim.

Maintaining community commitment: Maintaining community commitment to the Justice Committee may be problematic.  Strategies for addressing that have to be addressed.  Consensus at this workshop was that the Committee needs strong, committed individuals involved.

Options for selecting Committee members: There are many ways a community can decide who will make up the Justice Committee. The participants held that such a determination should be based on the needs of each particular community.  For some local Justice Committees it may be desirable to have the Elders choose members.  For others, the Committee should be made up by those who are considered healthy and respected members of the community.  Others felt it was important to include those individuals in the community who have recovered from abuse on the Committee, as they may be best able to understand the offender’s needs and motives as well as many issues involved.

The important role and needs of the victim: The victim must not get lost in the focus of healing and reconciling the offender.