The people who make decisions

The “system” is so far away that RECN is still not familiar with it. There is no law firm housed here, no courthouse on RECN territory, no sitting judge. What we see is our people commit offence and get taken away.Footnote 25

In a time before imposed judicial systems, before courts, lawyers, judges, police, or corrections, it was primarily the Elders who held the authority to make laws in RECN. Elders also acted to bring about corrections where negative behaviours or conduct required them to do so. The authority of the Elders was upheld and honoured through teachings and interactions based on the values of RECN.

An authority that has since been suppressed by Canadian lawmakers, and created division and growing loss of respect within many Indigenous nations. It is the Elders who hold the knowledge of natural law, and the responsibility to transmit that knowledge and lead the way for the next generation. Essentially, Elders held the Nation together through shared values and customs. Where Elders are to be held in highest regard and respected, their authority has been diminished, or perceivably replaced, by colonial policies of assimilation and paternalism.

Parents also have the responsibility to teach the laws and to prevent certain behaviours. The parents and the Elders were the ones who would mainly counsel people, telling them what is right and wrong. These lessons taught others to make sound decisions, ones that promoted safety for themselves and others. To assess risks that could upheave the balance between peoples. For RECN, it was not necessary to codify the message that travelling by canoe at night could be dangerous because the traveller could hit shallow rocks. Additionally, it was not necessary to codify teachings of anti-violence, to not steal, because that message was consistently conveyed. Gatherings play a significant role in conveying the RECN laws where the young people can be spoken to about the values of RECN people, Cree people, to respect, to be humble, to be kind, to love.

During moments of conflict the Elders would call the parents first, to come talk together about their son’s or daughter’s “mistake.” The victim’s parents would be called separately. The two families would then be called together. During this meeting—through function not formality — the offender and the victim were given opportunity to state why this mistake happened or describe what happened between them. Through this process of acimowin (storytelling), they were told to come together and make it right. If anything was broken, they were made to replace it. If the offender could not replace or repair the broken thing, then the offender would be indebted to the victim. All involved were brought together to shake hands, demonstrative of making peace and keeping peace perpetually.

In those days, a lot of Elders used to get together over concerns within the community. Unfortunately, this practice is becoming less common as reliance on colonial bodies or expertise becomes more familiar to the Nation members – such as police, nurses, councillors, etc. For example, when someone dies, the Elders will get together and one person will take care of the body/family in need (i.e., funerals). During moments of correction, everything is mentioned by the Elders that will help repair the relationship between relatives. These moments may see Elders take active roles in counselling, giving orders, being instructive, providing stern corrective measures, and guiding the person back to their miyo pimatisawin (good way of life).

While there has been incremental progress in the criminal justice system, it has been just that, “in the criminal justice system.” There has been implementation of Gladue courts and funding for Indigenous court workersFootnote 26, but these methods remain under the authority of Canada’s justice system. There will be no new result of these implementations as their locations remain outside of our territory and outside of our own jurisdiction. These systems understand the written appearance of an individual, but do not harness the depth of that individual as a person. That is, the relationship is based on their accusation of an offence. On the contrary, RECN knows their own people. There is a relationship which forms the foundation for helping one get their life back on track towards miyo pimatisawin. Without these relationships, RECN members are brought into unfamiliar courtrooms, presented before unfamiliar judges, represented by unfamiliar Canadian law advocates, and filtered through an unfamiliar system that focusses on their punishment rather than their potential. In fairness, these processes remain as unfamiliar to RECN members as the Cree language remains unfamiliar within Canada’s institutions.

In 1996, RECN Chief and Council formally established their justice council. At that time the Nation was experiencing problems with inactivity with the Royal Canadian Mounted Police and colonial courts. Through their own justice council, they established laws against drugs, alcohol, and violence. Sentencing circles occurred as an administration of justice. When students got into trouble, they were brought together in the traditional way to understand how small mistakes are forgivable and do not need to create larger troubles for the Nation. However, these efforts went without the support of colonial justice systems. When RECN made effort to engage with the provincial courts, they did not receive any responses. The then headmen sent letters requesting meetings to incorporate sentencing circles in more official forms, potentially to be included in the provincial courts themselves. However, these efforts were not fruitful, and the colonial justice system missed an opportunity to address what has been widely known for too long as an overrepresentation of Indigenous people in the justice and corrections systems. Additionally unfortunate is that First Nation by-laws are only recognized as laws existing on First Nation “reserve” lands. Therefore, RECN’s sentencing circles never reached their off-reserve citizens.

We need to show care for members who live off our lands, and have our laws over our people recognized by federal and provincial governments.Footnote 27