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SUMMARIES OF ROUNDTABLES |
SEPTEMBER 13, 2002
SUMMARY OF RESEARCH ROUNDTABLE ON REFORMS TO THE JUSTICE
SYSTEM
COMMISSION PROCESS:
On Friday, September 13, 2002 the Commission on First Nations
and Métis Peoples and Justice Reform held a roundtable on Research at Wanuskewin
Heritage Park. In attendance were the Commissioners and staff plus invited
guests from a wide range of service and government organizations. An open
discussion was held throughout the day.
GENERAL INFORMATION:
The purpose of the roundtable was to bring together leading
authorities on the issue of First Nations and Métis justice to generate and
share ideas with the Commissioners relating to justice reform. In return the
Commissioners were to share what they have learned so far from the people of
Saskatchewan and how they feel about the issues that have emerged. The only
guideline in the discussion was that they look to the future, be broadly justice
related and that they contribute to creating a healthy, just, prosperous and
safe Saskatchewan.
MAIN THEMES:
Question #1. What concerns do you have with the justice
system?
- Programs do not look at the characteristics of an
individual and match programs to their situation and consider the mix that can
be combined to lead to the most successful outcome;
- This province locks up too many children and youth and
another model that does not use corrections to control children and youth is
needed;
- The issue of economics/poverty needs to be dealt with. Food
and shelter need to be available before a family can look to the future. If it
isn’t, people will look at alternative ways of getting the basic survival
necessities, usually through crime;
- Obviously the justice system is experienced differently by
Inuit, Métis, and First Nation people across Canada than it is by the rest of
the population;
- The system of justice has ignored that every Indian, Métis
or Inuit that comes before the court has constitutional rights that need to be
vigorously enforced;
- Once a person has done their time in jail, and turned their
life around, gone back to school, and now want to work in the institutional
setting, they are unable to do so. Criminal record checks keep many Aboriginal
people from working at jobs in which they have experience, due to a criminal
record;
Question #2. What examples of successes or positive programs
have you seen?
- Before you can call a program a success you need to clearly
define what the goals of the program are; what are the measures of
effectiveness; how do we know that things are working; what are you trying to
achieve in the program;
- A combination of conventional psychotherapeutic approaches
and traditional approaches seems to be the best model;
- North Dakota has a program that avoids "institutionalizing"
youth, rather they put them into "schools" giving them a community;
- Decent apprenticeship programs, mentorship;
- Supporting families within communities;
- Programs with stable funding that revolve around repairing
relationships, addressing harms, and fostering healthy, safe, respectful sort
of interactions;
- Use volunteers from the communities in a responsible,
respectful manner, do not burn them out. Value their skills, background and
experience they bring to programs;
- Successful programs in communities are where outside
resources listen to the communities and help them achieve what they need;
- Tu Tangata program in New Zealand that works within the
education system reacts to juvenile crime and drug use and is extremely
effective in reducing juvenile crime.
Question #3. How do you think the justice system can be
improved?
- Better follow-up services with respect to traditional
healing once a person leaves the controlled setting of an institution. We need
to go back to the values and principles of our cultures and listen to the
elders;
- Through bringing to the attention of those providing
correctional interventions, a greater sensitivity about the individual
differences and backgrounds of the participants in programs;
- Education and health need to become integrated with the
justice system as a lot of the trouble that kids get into start in schools;
their inability, or the school’s inability, to adjust to them plus the
epidemic of ill health in young people;
- Through empowering community; by using the healing projects
that are out there – use a holistic perspective;
- Involving Elders in the schools, institutions, community
centres to help heal families;
- By providing support to sustain mentorship programs,
provide training for support workers who face the challenges in the
communities;
- By creating partnerships between the provincial & federal
governments, along with First Nations & Métis governments. Using this
partnership to build relationships to strengthen supports within the
community;
- To move forward in the justice system, if you want to get
someplace in 25 or 30 years, you need to know the places that we would like to
be in two years, in four years, etc. There needs to be short term steps in
order to achieve long term goals;
- Aboriginal Attorney General to direct the defense of the
constitutional rights of Aboriginal Peoples;
- Communities should be viewed on a needs-based assessment
remembering to incorporate a holistic approach;
- Build on the success already out in the Communities like
Hollow Water, Manitoba;
- Educate – through education people can learn about the
different ways and values and develop respect for each other. "Change the
thinking"
Question #4. How do you go about revitalizing the traditional
ways?
- Traditional teachings in institutions are key in changing
behaviour;
- Youth need to feel a part of society, they need a positive
self-image and a sense of belonging that positive role models such as elders
can give them;
- In the traditional system of the Church there is a rigid
role model that doesn’t tolerate deviance and this structure helps turn kids
around;
- In the Muslim tradition it brings in the strength of the
family, religious adherence, and values.
CONCLUSIONS
- The Commission needs to look at their focus as being on the
achievable versus the ideal;
- The Commission needs to be conscious of the roadblocks when
dealing with the bureaucracy as well as in the political system. These people
are going to be responsible for implementing the recommendations of this
Commission. The Commission cannot be seen as working in isolation, it needs
the support of its partners;
- Research needs to take an interdisciplinary approach for it
to be meaningful to the Commission’s work;
- The Commission should look at having a peer review panel
for potential research projects and another peer review panel of the results.
A process should be put into place where several experts in the field look
over the proposed research you are doing and make sure it matches the
standards that should be there;
- To attempt to match a program with the needs of a
Community, you should in collaboration with the community, look at a bottom up
approach based on the needs, the culture, the resources and the goals;
- The Commission needs to put forward successes and how they
can be incorporated into Saskatchewan by using various methodologies available
to each specific community. An example of this is the Won Ska Cultural School
in Battleford;
- The Commission needs to demonstrate to the people who want
to build more jails how positive change can be made and still create a safer,
better society and reduce the need for incarceration;
- You need to find political "Champions" who feel the
recommendations of this Commission are worthwhile and will push to get them
done.
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