Nunavut Justice Issues: An Annotated Bibliography

4.  Annotated Bibliography (continued)

Pauktuutit.  A Community Perspective on Health Promotion and Substance Abuse; Ottawa: Inuit Womens Association, 1993.

The relationship between substance abuse and social problems (such as violence and criminal activity) is a link that is made in this report.  To address crime, the health of Northern communities, along with the major community concerns that prevent the development of a healthy community, must be understood and acted upon.  This report, addressing the Northern environment and the dynamics of community mobilization and power dynamics, holds that the justice system is only one area where change must come from. 

General Overview

This report is based on a survey, questionnaire distributed to individuals and organizations involved in the Inuit health field.  After summarizing the findings of the survey, the report profiles the communities within the NWT, Nunavik and Labrador that responded.

The methodology consisted of an 11- page questionnaire, geared towards determining community problems and community needs, which was distributed to 186 individuals and organizations involved in the Inuit Health field.  The questionnaire was in Inuktitut and English.  55 questionnaires were completed and returned.  The survey was focused on gathering information on a wide range of factors that potentially impact upon the health of individuals, families and communities.

Themes/Assumptions

Findings

Many Inuit communities in the North are not healthy

Substance abuse: variations and implications for delivery of services: Substance abuse is identified as the most serious problem facing communities.  However, there are regional differences in relation to the type of substance abuse. It is important to note that for the Northwest Territories the substance most concerned about is drug abuse, followed by substance abuse and then alcohol abuse. This has important implications for delivery of services.

Knowing the needs of the community: While it is important to be aware of the regional differences that exist, the researchers hold that it is more important to be aware of individual community needs.  This report, in the section on community profiles, provides a community-by-community breakdown of the issues that most affect each community.  This is invaluable for the direction that should be taken by the community to adequately address their particular concerns. 

Other serious concerns: Other serious concerns, apart from substance abuse, were identified by the respondents.  In the Northwest Territories the three major concerns (listed in order of importance) are housing, unemployment and drug abuse.  In fact, housing is on the list of major concerns for all the communities that responded.

There exists a diversity of community needs: There are a variety of circumstances, problems and resources between communities - some need immediate attention (such as sewage systems) whereas others speak to a long-term, holistic strategy.  This diversity must be recognized and incorporated on two fronts.  First, substance abuse and health promotion must be based on a holistic strategy that relies on coordinated efforts of varying agencies.  Secondly, a community-level strategy must be developed by the community to meet their particular needs.

Community participation needed: When respondents were asked “in your opinion what is the most important thing needed to improve the overall health, well-being and happiness of people in your community” there was a strong desire for community participation and cooperation to guide the approach or strategies. 

Importance of community participation: The best hope in health promotion and addressing substance abuse in Inuit communities is to tap into and use the energy and commitment of the community and the resources it has to offer - its knowledge and human resources.

Inter-related nature of the causes of community illness and the solutions to address it: By affecting alcohol and substance abuse, a community is actively addressing a number of other inter-related issues such as criminal activity, violence and abuse.

Recommendations

Community Resources Team: A community resources team could be established to coordinate existing community services, creating a cooperative problem solving approach amongst all organizations at the local/community level.  Resulting from such a holistic, grassroots approach would be a streamlined and coordinated system of service delivery that includes all relevant agencies and individuals.

National Inuit Substance Abuse Project: Such a project would mobilize and coordinate local community resources (such as a Community Resources Team) and act as a resource/educator. 

Pauktuutit.  The Housing Crisis and Violence.  Ottawa: Inuit Women’s Association, 1995.

This report highlights the Northern environment.

General Overview

Pauktuutit prepared this report for the Canadian Mortgage and Housing Corporation.  The first section overviews the causes and consequences of the disastrous housing conditions in the North.  The second part of the report links the housing crisis to domestic violence, making a strong case for the need to have the housing crisis adequately addressed in any strategy for change in Inuit communities, especially one that intends to meet the justice needs of the community.

Themes

Findings

Need for immediate attention: While the population is rising in the North, housing is deteriorating. Severe overcrowding, inadequate and unsafe living conditions characterize the housing situation in the North where the Inuit occupy 90% of social housing units in the Inuit regions of the Northwest Territories.  With a population of 57,649, more than 3,584 households are in need of core housing.  That is, they are either unaffordable, inadequate or inappropriate for living in. 

Lack of funding: The lack of funding by the federal government and the limited resources of the Government of the Northwest Territories has contributed to this situation.

Dehumanizing living conditions: These living conditions are related to substance abuse, family violence, child sexual abuse, suicide and low education attainment by youths.  Students who lack a place to work and study will more often than not drop out of school.  Elders suffer from physical and financial abuse as a result of overcrowding and the frustrations of younger generations as a result of their reliance on parents.

Housing and domestic violence: The housing crisis in the North affects the dynamics and cyclical nature of domestic violence in a number of ways.  Not only does the lack of housing and poor living conditions exacerbate the occurrence of domestic violence, the lack of alternative housing make it difficult for a woman to leave an abusive relationship. Community members, the network of family and friends are already overcrowded and as a result cannot offer respite to the victim.  As options decrease, the potential violence increases. Further, most communities do not have a shelter that a woman can use.  This means that the woman, to effectively escape the violence, more often than not has to leave the community.  This necessary exodus creates a whole host of other problems.  Being forced to leave a support system and employment, having to choose whether to go back to the community or make a new life in another one, having to face the criticisms of the community for leaving, the high cost of travel and often being forced to leave the children behind are some of the problems that exist.  These problems often seem insurmountable for woman to deal with and as a result, she may stay in the abusive home.  The cycle of violence then continues, and part of that cycle is grounded in the housing crisis.

Role of Shelters: There is much debate about the role of shelters.  Shelters are often inaccessible to abused Inuit women in many ways: because of their location (they are often far from the community and as such high financial and human costs arise) and form (they are seen as an inappropriate way of addressing the problem).  For some communities a shelter for women may be the answer.  For others, however, shelters may be problematic.  For example, in communities that are small and isolated and do not have adequate policing services, there must be attention paid to the question of how the woman and the shelter will be protected from the abuser.  Similarly, in small isolated communities the physical and psychological effects of having the victim and the abuser in the community may be difficult for the shelter to address. This means that another, more geographically and culturally specific focus is necessary.  Any justice initiative must be aware of the dynamics of domestic violence in the North and the tensions that potential solutions create.

Conclusions

Winther, Neil, Corporal Paul Currie, Ken Bighetty (Resource Persons).  “Northern Fly-In Sports Camps: A Self-Responsibility Model for Delinquency Prone Youth”, in Preventing and Responding to Northern Crime, Burnaby: Northern Justice Society, Simon Fraser University, 1990.

This article, part of a workshop compendium, provides an example of how to incorporate recreation into crime prevention techniques for youths in Aboriginal communities.  Addressing the Northern context, lessons learned, and the dynamics of community mobilization, the presenters make cleat the idea that prevention is key in Aboriginal communities (as elsewhere) and that real prevention takes place outside of the criminal justice system.

General Overview

The Northern Fly-In Sports Camp (NFISC) represents a way that many Northern First Nations communities (in Sakatchewan, Manitoba and Alberta) are responding to and preventing youth from becoming involved in criminal activity.  It is a non-profit national organization that supplies the infrastructure and resources for recreational activities.  This article discusses the development of the NFISC , their experiences, and the impact it can have on Northern communities.  The resource persons for this discussion was led by Neil Winther (President, Northern Fly-In Sports Camps; Associate Professor, Faculty of Physical Education and Recreation Studies, University of Manitoba), Corporal Paul Currie (Director, Northern Fly-In Sports Camps, Native Policing Coordinator, RCMP, Manitoba) and Ken Bighetty (Northern Fly-In Sports Camps Summer Employee, Pukatawagan Indian Band, Manitoba)

Themes

Findings

Operation of the NFISC: The program, with the help of many sponsors and in partnership with the RCMP, meets with Chiefs and Community Councils to develop a plan.  The resulting program comes out of the community and belongs to the community.  The organization acts as a resource and implements the program. The NFISC organization has an infrastructure supplied by the sponsors - such as planes – as well as funding and the use of specialists in the field of recreational activity.  It is up to the community to decide the form and it is the youth that decide its success. The NFISC spends a couple of weeks or more with the community and provides recreation, leadership skills and activities to the youths.  It is organized in such a way as to facilitate the maintenance of the skills and interests that are developed by the youth.

Role of boredom in youth crime and the NFISC: Currie, the RCMP officer, discusses how the youth crime in Northern Manitoba is often in the area of vandalism and property crime.  He points out that these youths almost always leave a note with their name or some other identifying feature at the scene to ensure the authorities know who did it.  This is so that they may be given a ‘trip out of the community’.  Activities, organized and relevant to the needs of the youths, may successfully address this.

Impact on crime: In Northern Manitoba, north of the 53rd parallel, there have been considerable changes since the community youth participated in the sports camps.  Although the RCMP officer noted an overall increase in crime rates, in the four communities that participated in the sports camps, there was a 17.4% drop in crime while the camp was there.  They have not had any negative feedback from the communities, and the impact on youth self-esteem and community involvement has been great.

Wood, Robert.  “Indian Government Youth Court System: The Case of St. Theresa Point, Manitoba”, in Preventing and Responding to Northern Crime , Northern Justice Society: Simon Fraser University, 1990.

This article, part of a workshop compendium, highlights the operation of a successful community-based justice initiative in Manitoba on a First Nation Reserve.  The initiative focuses on young offenders.  It is important to note that the objectives, issues and concerns of a community-based youth justice initiative will be very different from those revolving around the development and administration of community-based initiatives for adult offenders.  Power dynamics, healing and prevention as well as types of offenses dealt with are issues that make it very important to know the goals and limitations of each community.  This piece speaks to lessons learned as well as the relationship with the mainstream justice system.

General Overview

In this article the development, goals and operation of the Youth Court in St. Theresa Point, Manitoba, is outlined.  The youth court is discussed as an alternative system, developed in the community, intended to not only keep the youths in the community out of the formal court system and custodial facilities, but also to address the problems that brought them there in the first place.  The impetus for its design was the epidemic of sniffing in the community.  Since it began in 1984 no youths have been found to be sniffing and the crime rate has deceased significantly (as of 1990 when this was published).  Robert Wood is the Coordinator, Indian Government Youth Court System, St.Theresa Point, Manitoba.

Themes

Findings

Goals and objectives of the Youth Court System: The main goal of the initiative is to keep youths out of the formal court system and address the problems that encourage them to engage in crime-related, anti-social activity.  The focus is not just on applying sanctions to the youth, but on utilizing other resources - such as education and employment opportunity development, to create a holistic and relevant response.

Role of the community: The community determined and defined the needs that the Youth Court would fulfill (the need to take ownership of crime and related problems, the need to ensure that the youth take responsibility for their actions, and the need to deal with youths according to community standards and traditions).  Community volunteers operate the Court and they attempt to not only incorporate the needs of the offender but also the justice needs of the community.

Operation of the Youth Court System:Referrals come from RCMP, an agency or individual within the community (such as schools, parents, and nurses).  Once the cases are received the Community Youth Court Committee reviews them and assesses the types of services that will be required by the Youth Court Committee and the community agencies it is affiliated with.  If they feel that the community resources can meet the needs of the youth a Case Management Group will design recommendations (such as probation, community service, fines, apology or a combination).  The youth and his or her parents sign the recommendation.  There is also a Youth Court Judge, selected by the Chief and Council.  The Judge is someone from the Band.  They consult with Elders on how the disposition should be handled.  He or she may dismiss the charge, assign a probation order or refer it to the provincial court system.  The Youth Court deals with minor offences and follow-up is done on a monthly basis to ensure that the conditions are being met.  The Youth Court system is accountable to the Chief and Council of the Band who retain final authority.

Role of outside agencies/agents: Like most alternatives, the initiative is reliant on approval and referral from the RCMP.  As a result, it has to have the support of the RCMP.  It also uses the mainstream system as a ‘safety valve’.  If the matter is too serious for the community and/or the community lacks resources to attend to the offenders needs and the protection of the community, the Youth Court Judge or the Committee will refer it to the provincial court. It is also important to be aware of the fact that the initiative operates without funding, relying instead on the resources available in the community.

Zellerer, Evelyn, Greg Saville, Darryl Wood and Curt Griffiths.  “Responses to Crime in Northern Communities”, 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, addresses justice issues in the North, and draws some conclusions about crime patterns, the administration of justice and community justice initiatives in the Baffin region.  The study highlights various issues concerning crime and justice in the Baffin Region, offers guidance for community planners and those involved in criminal justice and social services in the North.  Running through this piece are lessons learned, an articulation of the Northern environment, the relationship with the mainstream system, as well as the dynamics of community mobilization and power dynamics.

General

This article is a discussion, by the researchers, of the preliminary findings regarding their study Crime, Law and Justice in the Baffin Region (available from Simon Fraser University, 1995).  The purpose of the study is not to make evaluations, but to gather information.  It is intended as a useful tool for government and communities involved in the development and administration of justice at the territorial and community level.

The methodology of their study included RCMP files and official agency data from the Territorial courts, and RCMP and Corrections files at every RCMP detachment in the Region.  They also conducted in-depth interviews with more than 300 community residents, community resource people and individuals involved in the delivery of justice.

Themes

Objectives and Preliminary Findings

Objectives of the project: Various objectives guided the project.  (1) To gather rates and patterns of criminality in the Baffin region.  (2) To gather the perceptions of Inuit political leaders, community leaders, community residents and criminal justice and social service personnel regarding the nature and extent of crime.  (3) To determine the factors that distinguish high and low trouble communities.  (4) To gather the views of community and criminal justice agents regarding the delivery of justice and the potential for developing community-based alternatives. (5) To consider the viability of alternative models of justice delivery.

Preliminary findings -- Crime rates: Crime rates in the Baffin region are much higher than the Canadian average.

Preliminary findings -- Variations in patterns of crime: The study found that there is huge variation in rates and patterns across the Baffin region and the differences are a result of a number of factors.  Specifically, the level of disruption to traditional lifeways, the level of and working ability of an infrastructure of personal and community resources, the status of Elders in the community, and the level of intergenerational conflict in the community.

Preliminary findings -- High level of violence directed towards women: The researchers found that the levels of spousal and sexual assault indicated that the cycle of violence is destroying the lives of many victims and offenders.  They held that even though the needs of victims in small communities may be a challenge to meet, those needs must be addressed. 

Preliminary findings -- The role of alcohol: The role of alcohol and alcohol abuse in communities across the Baffin region, as well as community response to it, varies.  While some communities are dry because of by-laws enacted by the community, some are dry because of the strength of informal social controls and the dynamics of the community.These differences in informal social controls and community dynamics are very important to understand if any initiative is to be effective.

Preliminary findings-- Property offenders: The researchers have found that in many communities a relatively small number of individuals are responsible for most of the property offenses.  The age median is 20 years.  However, they note there are different patterns that emerge for crimes of violence.

Preliminary findings- Levels of dependency on the criminal justice system: The communities across the Baffin region differ in the demands they place on the criminal justice system agencies and personnel, as well as the expectations they have of what they, as communities, can and cannot accomplish to address crime.  In other words, while some communities have developed a strong dependency on the criminal justice system and expect it to address their disputes, other communities see the community as the responsible agent for addressing anti-social or criminal behaviour.

Preliminary findings -- Perceptions of justice agencies and personnel: Although communities differed, there was generally more support in the community for the roles and functions of the RCMP and less for the circuit court.

Preliminary findings – Absence of knowledge about Inuit culture: RCMP officers indicated that they were given little training and knowledge about the Inuit tradition, culture and ways of knowing and doing.

Preliminary findings – The success of community-based justice initiatives is dependent upon a host of factors: The success is dependent upon such things as the dynamics of the community, specifically the support and involvement of community residents and the role and respect of Elders, as well as the political leadership.

Preliminary findings -- Community justice initiatives require a strong infrastructure: Communities lacking a strong infrastructure are limited in their ability to develop and maintain effective community justice structures.  A strong infrastructure provides the basis for controlling criminal and troublesome behaviour.  Without one, the offender will not receive the needed assistance from the community and the behaviour will continue.

Preliminary findings - The role of the formal criminal justice system: The researchers held that an offence threshold should exist in community-based justice systems as they develop and operate in the North.  In other words, serious crimes should be dealt with and handled by the formal mainstream justice system. When a violent crime occurs, a community-based initiative may not be able to adequately protect the victim and the community from the offender.  If the community-based cannot adequately protect the community and the victim, the offender will re-victimize and terrorize the community.  As a result, the formal criminal justice system deals with offenders and offences that the community cannot adequately address.

Conclusions