Consequence and Forgiveness

The wrongdoer didn’t just do wrong to the victim but to the whole community and it was put on them to behave themselves.Footnote 28

It has been said that “a house divided cannot stand.”Footnote 29 This is true for the peoples of RECN who understand, fundamentally, their responsibility to one another and their environment. Being a small community tightly woven together by shared values, customs and geography, the laws of RECN are based on positive relationships, reparations, reconciliation, and restoration when required. Outcomes of RECN laws in action paint a picture of a harmonious community. Not one void of issues or conflict, but one that uses its interconnectedness to bring wrongs and wrongdoers back into balance with others.

Saying “sorry” was often the principal consequence. However, the apology had to also involve action—to replace what was taken, to be a better person, to humble oneself to the one they wronged and their family. Saying sorry corrected the heart and began the process of putting people back into balance with one another. Where one was caught kimotowin (stealing), they were made to return what they had stolen. If an individual was unable to return what was stolen, they would replace what was stolen or work for the individual until their debt was settled.

The act of “forgiveness” also showed humility and the recognition of the necessity of interconnectedness and being there for one another. The people were made to make up, to ask for forgiveness and not fight again. If, however, they did fight again, they were dealt with a little bit harsher.

If a man fights his woman, that man was—by the parents’ agreements—to separate from his partner for a time while the Elders would counsel them. The couple was then not permitted to see one another until both their parents agreed that they could come together again. Parents usually agreed to the consequences placed on the transgressor because they understood that it would cause community disruption to permit the behaviour to continue. That’s where the achiwaykaymowin (handshake) came into play. The handshake represented forgiveness. When people got together to meet and could not come to an understanding, the Elders and parents (and any other party involved) would support the person. These corrective measures occurred much more naturally than what we see in Canada’s legal and corrections systems today.

Traditionally, a nakatohkew (enforcer) would enforce the legal traditions. Again, like the Elders, this individual, or individuals, held high regard and respect within the community. It was simply not ok to disrespect the roles of others in the community. Additionally supportive to these traditional roles was, and is, the size of the nation. Being tightly quartered together and knowing their history together has existed for thousands of years, the harmony of the nation was, and is, a foremost consideration to all.

The concept of wahkotowin (being in relation to one another) holds no superior or inferior view over others and this balance extends into all other forms of life, including the animated and non-animated. Within wahkotowin is the non-interference of one life into another. It is understood that each must choose their own path; when one veers from miyo pimatisawin, or the good path, it is the obligation of those around them to help guide them back onto the path of a good life. However, this is not done harshly; an opportunity is provided for the individual to correct themselves. Punishment was rare and reserved for uncorrectable behaviour. Lectures and policies of exclusion were primarily ways in which RECN people corrected one another.

To explain policy of exclusion further: In RECN laws are based on relationship, interaction, and collective wellbeing. To exclude an individual from the Nation would be a severe punishment as they would no longer be near their family or community. In addition, they would be cast out from the provisions of the nation and made to fend for themselves in the darkness of the lands in solitude. Those individuals who did not show rapprochement after corrective lectures by Elders and leaders in the nation would be banned or assigned to live elsewhere. Often, there would be a wigwam set out in the territory to provide shelter to those who were assigned a temporary relocation. Only once the individual had expressed that they had “learned their lesson,” and a meeting of Elders and family members occurred, would they be welcomed back into the nation. They would then be retaught the principles and virtues of RECN.

Such expression of exclusion was reserved for more serious offenses, such as murder. However, in modern times, under the colonial regime of justice and corrections, RECN people see their own people taken away for much lesser crimes. The separation from family and community not only results in broken wahkotowin, but creates the atmosphere that all crimes, mistakes, and wrongdoings are to be treated as severe.

Our sacred laws were here long before Canada. When I went through the court system I thought “why when these people get into trouble do they get sent away from the community.” We need a system where, if RECN people get into trouble, they can be dealt with internally instead of a foreign system. Being sent away makes one alone and without their family which has impact on the family. Maybe I would have stayed out of trouble the first time because I’d have been with my own people who understand me and what I needed to stay clear of trouble (substance use). RECN justice is for the whole community, to show we care and love each other, bring clarity, prosperity, humility, respect to our people. I know these people and they know me. A lot of my recovery has to do with my Cree.Footnote 30