Nunavut Justice Issues: An Annotated Bibliography

4.  Annotated Bibliography (continued)

Inuit Tapirisat of Canada.  Justice Needs Assessment Final Report to the Ministry of Justice. Ottawa: Inuit Tapirisat of Canada, 1994.

This report examines a number of the general justice issues in the North and how these issues can be resolved through changes in the existing system.  By describing this incorporation of needs into the existing system, the report is articulating one example of how the relationship between the mainstream system and community-based system might be established and what such a relationship might look like within a Northern environment..

General Overview

This report is an examination of the failure of the present justice system to meet the justice needs of Inuit communities.  Through broad recommendations, the way(s) that those needs may be incorporated into the current criminal justice system are touched upon. It is a brief, preliminary report that touches on the issues, but does not offer any practical advice as to how these needs can, in fact, be operationalized within the existing system.

This findings and conclusions of this report relied upon consultations with regional Inuit organizations and with those who work in justice at the community level,  interviews with Elders, courtworkers, lawyers, social workers and youth, and existing literature on the subject such as discussion papers, roundtable reports and ITC’s justice workshop.

Underlying Themes/Assumptions

Findings

Failure of the existing criminal justice system: The existing justice system has failed Inuit communities on a number of levels.  Lacking cultural sensitivity, the existing justice system is ill suited to meet the justice needs of Inuit communities.  It does not incorporate Inuit customs, values or traditions and as a result, its form and content is alien to Inuit notions of justice.  Another problem is that a significant number of communities have no police services.  Similarly, correctional facilities, located far away from the communities they serve, lack cultural sensitivity by failing to meet the needs of the Inuit offender (i.e., understanding the role of language, the need to heal and build traditional and modern skills) and their relationship with their community  (i.e., the effects of isolation from the larger social network).

Lack of community involvement and training: The lack of community involvement and  trained community members in the administration and delivery of justice is a problem and limits the ability of the existing system to meet the justice needs of Inuit community members.

Conclusions

The authors concluded that justice must operate in the community.  As a result, the content, form and process must be altered:

Content: The existing justice system should be altered in terms of content.  Specific areas should be amended to reflect Inuit cultural differences.  The Inuit way, although different, is effective. In this reformed system, customary laws and traditional dispute resolution methods would play a large role.

Enlarging community roles and responsibilities: Justice should be returned to the community by altering the degree of responsibility at the community level.  Inuit involvement in the (Inuit specific) justice system would prevent feelings of alienation and foster a greater understanding of the process.  By involving the community in criminal proceedings - from initial charge to follow-up, a greater sense of ownership will be established.

Adequate training: The justice agents and representatives who serve Inuit communities and community members should be Inuit.  This would make the system more meaningful.  However, before this can be possible, adequate training is required so that Inuit peoples can successfully fill the justice positions.

Police reform: The police in the Northern Inuit communities need to be more visible and culturally sensitive.  The quality of policing in Northern communities requires attention and examination to ensure that all Northern communities receive adequate and responsive police services. 

Role of healing and preventing: A shift in focus is required, a move from incarcerating offenders to treating them. In order to adequately accomplish this the instruments of healing – such as mental health facilities – must be in the community.  If they were geographically closer they would be more accessible to the communities that have a need for them.

Victims: Treatment must also be provided to victims of sexual abuse and domestic violence.  Victims need more support (such as counseling and healing centers) and resources that inform them of the instruments that exist to incorporate their concerns into the system (i.e., victim impact statements).

Important contributions of Elders: The role of Elders must be incorporated into the dialogue.

Importance of a youth focus: The focus of a community-centred justice system must pay considerable attention to youths.  Youth justice committees, grounded in the community, are aware of the social problems and challenges facing Inuit youth, while at the same time incorporates a community-based solution to the problems.

Cooperative relations with outside Federal and Territorial governments: These recommendations, based on incorporating traditional dispute-resolution mechanisms into the modern justice system, are to be accomplished through the joint efforts of the territorial, federal governments and the community level individuals organizations. 

Joamie, Eric, Judge Orral Troy, Rhoda Katsuk, Jim Eagle.  “The Role of Court Workers and Para-Legals”, in the Justice System in Preventing and Responding to Northern Crime Burnaby: Northern Justice Society, Simon Fraser University, 1990.

This article, part of a workshop compendium, highlights the vital role that is played by Court Workers and para-legals in the North. The vast space and small communities lacking adequate legal counsel, let alone police, provide a situation where the Court Workers and para-legals are an integral part of justice and representation in the North.  It also highlights the limitations and justice needs in the North.  Court Workers do not represent a community-based initiative or focus.  Rather, the program is about ensuring that the Inuit accused or victim is aware of the formal legal system and their rights and responsibilities within it.  This piece speaks to the Northern environment, the relationship with the mainstream justice system, as well as lessons learned.

General

This article describes the expanding role of the Courtworker, from assisting Northern offenders and victims in understanding the laws and their role in it, to representing them (as lawyers) in summary and indictable offences.  It gives a clear overview of the roles of Court workers, the important role they play in Northern communities, and the challenges they face.  The resource persons were representatives from Maliiganik Tukisiiniakvik (Joamie and Katsuk), an organization of Court Workers and translators, The Odawa Native Friendship Centre (Eagle) and the Territorial Court Judiciary (Troy).

Underlying Themes from the Dialogue

Findings

General Courtworkers’ environment: Courtworkers are Inuit para-professionals.  They are not given any formal training.  Instead, for many, it is a learning process, guided by on the job training. In the Baffin Region, as of 1990, there were 9 court workers to serve 14 communities.

Why Courtworkers are needed: The lack of time that the circuit court has to offer victims, witnesses, and accused has made it necessary to have a system where the individuals are informed of and understand the system that they are being subjected to. In the North there are few lawyers available.  Participants pointed out that lacking a resident lawyer means that when a youth or adult is charged with an offence, there are no lawyers available to advise him or her.  Courtworkers act as the agent of the accused and inform them of their rights and the criminal justice process.

Inuit Courtworkers are able to inform the court about the community that the court is addressing.  Finally, Courtworkers are needed because they speak Inuktitut.  As a result, they are able to communicate to the accused and the other parties in their native tongue.

Roles of the Courtworkers: Courtworkers perform a variety of roles.  They act as a liaison between the criminal justice system (court, judge, and counsel) on one hand, and the accused and his or her community on the other.  Participants noted that Courtworkers better understand the environment, the accused’s culture, and the problems they face.  Because of this knowledge they are better able to explain to the court the nature of the problem and what should be done to correct it.  They know the language of the communities so they can interview in Inuktitut. This means that more accurate and relevant information is gathered and shared in both directions - from the court to the accused and from the accused to the court.  They represent the accused in the Territorial and Justice of the Peace courts on summary matters for adults, and for both summary and indictable for young offenders.  They educate the public/community on a host of legal matters and if the community has any concerns or questions, Courtworkers act as a resource.  In many cases, they are the only contact that the community (accused, victim or general member) has other than the circuit court and as a result they play a fundamental role in the delivery of justice.

Courtworkers and young offenders: Courtworkers play a vital role in representing the criminal justice needs of young offenders in the North.  They act as a representative of the youth.  At the request of a young offender, Courtworkers speak to the court on behalf of the youth, whether it is a summary or indictable matter.  One of the resource persons described the process, highlighting the lawyer-like role of the Courtworker: The youth often calls a Courtworker upon being arrested and the Courtworker explains to them their rights, advising them about what to do and what not to do.  They schedule a meeting with the youth and his/her parents to explain the process to them, learn all they can about the youth, discuss the youth’s plea and any alternatives that are available to them as well as the possibility of having the matter transferred to the local Justice Committee, if one exists. If the matter stays in the court, the Courtworker arranges to have a predisposition report done and the will go over it with youth.  In fact, as many participants pointed out, defense lawyers may never even become involved.

Challenges they face/limitations: The Courtworker has to work within the existing system.  They have to explain the process of the formal system to people who do not see it as meeting their needs. One participant stated that the program is just a form of using Inuit people to apply the criminal justice system to other Inuit people.  Also, there is not enough funding to do their job properly and to the extent that the community needs them. Finally, participants spoke about the problems with justice delivery generally in the North and how because of the lack of any infrastructure to meet the justice needs of the communities, their legal rights are not being met. (i.e. often there is simply no counsel available.  As a result the accused does not even have an opportunity to consult with a lawyer if they preferred to discuss the case with one instead of a Courtworker.)

Heatherington, Jackie and Alice Mackenzie.  “Victim/Witness Assistance Programs in Kenora and Yellowknife”, in Justice and Northern Families: In Crisis… In Healing… In Control .  Burnaby: Northern Justice Society, Simon Fraser University, 1994.

In this article, a workshop compendium, the role of Victim and Witness programs in ensuring justice for the victims and witnesses of crime across Canada is explored.  Given the structure of the formal mainstream system, where the victim has a limited role, and their needs are often not addressed, such a support system is necessary. The role of these programs in smaller, isolated, Northern communities is a bit different, but extremely important.  The challenges they present to the government and communities may seem insurmountable.  However, the formal system will remain for a while and support must be provided for these victims and witnesses.  As such, the article speaks to the Northern environment, the relationship that may be developed with the mainstream justice system, and the lessons learned.

General

In this article the participants discuss the history, purpose and operation of the victim/witness programs in Kenora, Ontario and Yellowknife, NWT. Through the recorded audience dialogue and their discussion of the programs and how they operate, a number of relevant and important issues emerge.

Underlying Themes

Findings from the Presentations and Dialogue

Objectives of the program: Because the state takes over as victim in a crime, the real victim of a crime is often given little attention and a small role to play in the criminal justice system.  Similarly, witnesses are often not assisted in addressing the impact of what they may have seen (especially children and witnesses of violent crimes).  The Victim/Witness program recognizes this and acts as a support system by explaining the process and preparing them for trial.  The program helps to maintain an awareness of the special needs of victims in family violence, sexual assault and vulnerable witnesses.  In the Northwest Territories the focus is on communicating to the courts the special needs of the Northern resident and trying to make the system more understandable to the communities.  The program attempts to provide a form of victim participation in the process.

Resources: The limited funding available has resulted in the program only being able to focus on the most important cases - such as sexual assault, domestic violence and children.  They are unable to address victims and witnesses in other cases.

Challenges of small Northern communities: There are a number of challenges that the victim/witness program must overcome.  For example, one workshop participant stated that in many cases of sexual assault and violence against women, comminutes do not believe that what the female victim is saying is true.  As a result of this lack of community support the case gets dropped because the woman refuses to pursue the matter. The participants also spoke about the referral system and how referrals come from the police and Crown counsel.  If the program is not taken seriously or the referral is not made, victims in small isolated communities do not get the limited support that may be available. Another challenge is the low number of Victim/Witness assistants available in the Northwest Territories; a number too low to effectively meet the needs of the small, more isolated Northern communities.  In fact, there are only two Victim/Witness Assistants in the Northwest Territories: one in Iqaluit and the other in Yellowknife.  Those two have limited assistance they can offer someone in Pond Inlet or any other small community.[2] Finally, because of the isolated nature of the communities, the circuit courts, and the lack of responsive and efficient police services, the victim or witness is often left in the community with the offender with no support.

Responses to the challenges of operating victim/witness programs in small isolated communities:  Community-based Victim/Witness programs are operating in communities such as Fortsmith, Northwest Territories out of the Friendship Centre.  While it is not necessary that the Department of Justice operate them, they do require community knowledge and ability. Similarly, a videotape, at the time of this conference, was being put together (in Inuktitut) so communities can start their own voluntary training.  This will help address the above noted limitations and assist communities that are prepared to support the victim.

General limitations of the program: There are some general limitations of the program addressed in the article: that it does not really prevent the problem or attempt to resolve the issues.  Instead, the program responds to the problem by trying to make the journey through the existing system more comfortable.  Further, although the program makes referrals to the relevant social agencies for the victim or the witness, real follow-up is non-existent.

Conclusions

[2] Interestingly, there are more than 12 sites in Ontario.