Consultation Reports

INDEX
- Background
- Acknowledgements
- Introduction
- Preamble
- Executive Summary
- Need Assessments and Summit Consultations
- Transitional Phase on Justice
- Note of Interest
- Need Assessments and Consultation Results
- Needs and Recommendations
- Metis Nation of Alberta Long Term Planning
- Conclusion

On January 30th, 1998, Honorable Jon Havelock, Q.C., Alberta's Minister of Justice and Attorney General announced that a Justice Summit would be held in Calgary, Alberta in January, 1999. The Minister stated, " We must understand how the public perceives the system to be working and empower the public to assist us in changing the system to address the concerns regularly expressed."

The summit announcement not only included an invitation to be heard, it also provided an opportunity for the Aboriginal (Métis, First Nations and Inuit) peoples in Alberta to provide input to the government of Alberta on how the system is performing and what needs to be done to improve Aboriginal peoples confidence in Alberta's justice system.

In consideration of previous reports/studies and to achieve meaningful Métis community justice consultations to the topics identified for discussion at the justice summit and to build on a series of justice needs assessments undertaken in January/February/March of 1998, the following question emerged.

What does the Metis Nation of Alberta hope to achieve with the justice summit consultations?

The following principles were adopted by the Provincial Metis Justice Committee to guide the Metis specific consultations.

Our objective is to make the Alberta Summit on Justice a meaningful and effective process to address issues facing the Metis people in Alberta.

The purpose of the consultations is to solicit Metis Nation of Alberta input to key issues and seek solutions to address Metis specific issues.

Our goal is to help answer the question, "How can the justice system work better for the Metis people?"

Through the sector specific consultative process the Metis Nation of Alberta provides this report with thoughts, solutions, alternatives and recommendations to assist in the changes anticipated to address the lack of Metis confidence within the existing justice system.

The Métis Nation of Alberta greatly acknowledges the financial contributions received from the Alberta Law Foundation, Justice Canada, (Aboriginal Justice Directorate) Alberta Justice (Aboriginal Justice Initiatives Unit) to complete both the needs assessments and Alberta Justice Summit consultations. Special thanks to the Metis peoples whom participated in the need assessment workshops and the Alberta summit on justice consultations for their thoughtful and enlightening words of encouragement.

Looking at the justice summit process from a view of what is wrong with the justice system in Alberta may initially appear to be a negative approach, however it is by necessity the approach that must be taken.

The issues of Aboriginal involvement in the justice system are not new. They have been formally identified in many reports, particularly the 1991 Cawsey Commission Report, Kirby Report and most recently the Royal Commission on Aboriginal Peoples Report. Although they all identified valid needs and recommendations, little has been done to address the serious problems facing Metis (Aboriginal) people caught up "within the grips" of the justice system.

Metis (Aboriginal) people are not inherently bad or criminal: so why does the percentage of incarcerated Métis (Aboriginal) people continue to increase? Obviously the justice process, (past and present), has not been effective and in fact counter-productive. This alone speaks to the changes that must occur. It is not a question of special rights or extra rights but rather a necessary solution to an ancient, ongoing systematic failure regarding Metis (Aboriginal) people in our modern society and justice system.

Resources must be made available to support this change. The continuation of the "no new money" approach by the government of Alberta will be at best "penny wise and pound foolish." At worst, without the required change, the government will confirm its current position and continue to support the ineffective justice system it has provided to date, in spite of the reports and findings of all the studies and consultations done to date.

The purpose of the preamble is to draw attention to laws that protect the rights of a citizen. Canadian laws are legislated to shield the rights of its citizens, to enshrine equality for the citizens of Canada, and to prohibit/restrict hate practices amongst minorities in a fair and just society.

It is one of the principles that makes Canada unique because of its commitment to protect its citizens status for equality and its attempt to legislate a fair and just society ensuring "equality status" for the English and French and other minority citizens of Canada.

The Canadian Constitution Act, 1982, includes the Charter of Rights and Freedoms that protects equality rights and freedoms. This protection of individual rights and freedoms basically constitutes equality amongst all citizens of Canada.

A flaw within these fair and just laws legislated by the different levels of governments within Canada is the lack of enforcement of its obligations to protect the individual right and equality status of the Aboriginal peoples in Canada.

To reaffirm the above noted statements, we quote from the "Report of the Royal Commission on Aboriginal Peoples,"

"In the minds of people across the globe, Canada has come to represent the highest ideals of freedom and respect for human rights. But the unfortunate reality is that Canada also embodies less noble values far more characteristic of another, less tolerant age.

Our country has become a model for the world in many ways, yet the fundamental contradiction of building a modern liberal democracy upon the subversion of Aboriginal nations and at the expense of the cultural identity of Indigenous peoples continues to undermine our society.

As a Commission, we see this contradiction manifest itself in harmful ways in Aboriginal communities, and we recognize the basic threat it poses to the legitimacy of Canadian institutions. We believe the time has come to move out of the age of disrespect and intolerance, and into a new era of reconciliation with Aboriginal nations.

While the history of the relationship has been largely a story of oppression and neglect, we are encouraged by the fact that this is not the whole story. Even when a coercive, intrusive and assimilative relationship was being imposed, Aboriginal peoples continued to struggle for restoration of a better relationship.

Thus we have the precedent, the seeds of an alternative relationship. For this reason we speak of the need for a renewed relationship, rather than implying that the past should be put entirely behind us. The renewed relationship needs to be built on principals that will return us to a path of justice, co-existence and equality.

In conclusion, as we search for justice and for solutions that can be identified in the common ground of the Aboriginal/non-Aboriginal experience, the certainty we face is two-fold:

• First, Aboriginal and non-Aboriginal share Turtle Island, as will our children and our children's children.
• Second, a balance must be restored in the relationship and, through it; peace brought to Aboriginal communities where turmoil and instability now prevail."

"The Canadian criminal justice system has failed the Aboriginal peoples of Canada First Nations, Inuit and Métis people, on-reserve and off-reserve, urban and rural in all territorial and governmental jurisdictions. The principal reason for this crushing failure is the fundamentally different worldviews of Aboriginal and Non-Aboriginal people with respect to such elemental issues as the substantive content and the process of achieving justice.

This report for submission to the Alberta Summit on Justice not only focuses on the topics identified for discussion but will qualify the essential requirements for the innovative thinking and planning needed to enhance, expand and strengthen the capabilities of the Métis Nation of Alberta and it's communities as they look to deliver justice programs, services and initiatives.

The following executive summary is based on the questions developed to meet the overall objectives as they relate to the Metis Nation of Alberta consultations.

1. What are the issues facing Metis people in Alberta and their involvement in Alberta's justice system?

2. What needs to be done or should be done to deal with these issues?


3. How can the justice system work better for Metis people?


4. What alternatives (options) to the existing justice system should be considered and when?


5. Do you consider the Metis Judiciary Council as one option and what role should it play?

It is noteworthy to mention that the comments stated within this report are reflected in the manner presented.

Members spoke again of the need to overhaul the justice system to include Métis people who understand the culture and the pressure of living in a culture clash society. More so that culturally appropriate and accountable programs and services are required at the community level, with the communities input into the identification of needs.

Métis people recognize that the path to justice lies in problem solving and healing rather than punitive isolation and of the need to incorporate the involvement of Métis Elders within the design of our justice program delivery models.

The need for integrated services, incorporating early intervention and prevention components to existing diversion programs and within the design of our community justice models could not have been more emphasized.

As an alternative relating to civil matters or disputes within the Métis Nation of Alberta, that the Metis Judiciary Council be empowered, operationalized and recognized by Alberta Justice as an alternative (in-house matters) to the courts, within the guidelines established by the Metis Nation of Alberta.

While the communities have said that they can identify and respond to their needs, both short and long term, they will require assistance. This will require a strong statement on the need to look beyond conventional methods and thinking to curb or alleviate the percentage of Métis (Aboriginal) people incarcerated.

As many communities are over taxed in volunteerism, the Metis communities are no different and in order to succeed with alternatives to the courts and justice institutions, the Métis communities and representative organizations require capacity building resources and commitment.

The overall tone of the Métis community's input has been prevention, early intervention and Métis specific empowerment. The empowerment being based on mutual respect and understanding. The Métis people understand that within the context of self-determination, we must bridge the gaps that exist in order to restore balance to the Aboriginal/Non-Aboriginal experience. There should be a bridge of Métis inclusion and cultural approaches to issues facing Métis people in Alberta and their involvement in Alberta's justice system. It must be understood that to truly co-exist as partners within a revamped justice system, the aspirations of the Métis people must not be paid "lip service" but rather seriousness in light of the lack of actions undertaken in response to recommendations from previous justice studies and reports.

The Governments of Canada/Alberta vis-à-vis their respective Aboriginal Justice Initiative Units and the Métis Nation of Alberta have met to discuss how to best focus on the justice aspirations of the Métis communities in Alberta. Initially was determined that a needs assessment within the Métis communities would provide this direction. The purpose of the need assessments was to determine the essential community capabilities and requirements needed to develop, enhance, expand and strengthen the capacities of the Métis communities as they look to deliver justice programs, services and initiatives.

The need assessments took on three directions:

Recognizing that the Métis communities did not have the most up to date information on available justice programs/services and initiatives.

• Community needs assessment and strategic planning
• Community development/capacity building

These directions were able to assist the MNA to reach its goals of:

• Motivating and providing Métis communities with resources and information required to deliver justice programs and services, and
• Initial assistance in prioritizing and establishing community entities who are capable of justice program and service delivery.

It is important to note in this report that innovative planning and development has occurred regarding Aboriginal justice programming. The Government of Canada (Justice Canada) has established the Aboriginal Justice Directorate who in turn created the Aboriginal Justice Strategy. Between 1991 and 1996, the Aboriginal Justice Initiative funded projects to assist Aboriginal communities experimenting with ways of dealing with criminal offenses, offenders and victims.

In April, 1996, the Federal Minister of Justice announced the Aboriginal Justice Strategy. Over a five-year period, it will help build the foundation for justice programs administered by Aboriginal people. This strategy goes beyond experimentation. In partnership with communities and provincial and territorial governments, the federal government will cost share the establishment of Aboriginal justice programs. Funding is available for the following models:

• Diversion,
• Greater community participation in sentencing,
• Mediation and arbitration in civil disputes; and,
• Justice of the Peace Courts.

The Government of Alberta under the Department of Alberta Justice, has established the Aboriginal Justice Initiatives Unit as well as Alternative Measures programs. The Alternative Measures initiative included supplying a range of community inclusion, community supervision and custody programs by providing offenders with assistance and opportunities to become productive law-abiding citizens.

The Alternative Measures included:

• Native Programs and Initiatives
• Adult Community Based Programs
• Young Offender Community Based Programs
• Adult Centre Program
• Youth Centre Programs; and,
• Youth Justice Committee's.

Based on these developments the Metis Nation of Alberta initiated the following strategy:

• Bring the key parties together (Federal/Provincial/MNA) to formulate work plans that will empower the Métis communities to conduct community based needs assessments;
• Provide accessibility to information on the Aboriginal Justice Strategy and Alberta Justice Aboriginal Programming available to the Métis communities;
• Develop a delivery capability of Métis justice programs and services based on needs and priority within the Métis communities; and
• Develop cohesive strategic plans in sync with the Métis communities' needs and to acquire agreements to administer Justice programs and services to better serve our Métis communities.

Prior to the consultations, need assessments and the development of a strategic action plan. The following was undertaken:

• Review all pertinent information on justice initiatives;
• Discuss need assessments of Métis communities;
• Develop role and responsibilities of the Provincial Metis Justice Committee (PMJC); and
• Develop and define Terms of Reference for the PMJC

Information kits were prepared and disseminated that included the following:

• Annual Summary of Aboriginal Justice Programs (Alberta Justice)
• Guide to Sentencing Resources (Alberta Justice)
• Information on formation of Youth Justice Committees
• Information for Youth Justice Committees and Alternative Measures
• Young Offenders Act and Programs in Alberta
• Adult Community Corrections Programs (Alberta Justice)
• Victims Services (Alberta Justice)
• Directory of Federal Programs for Aboriginal People
• Aboriginal Justice Strategy (Federal Justice)
• Aboriginal Justice Learning Network (Federal Justice)

1. Number of Participants

The number of participants for the six regional consultations and need assessments conducted by the MNAA was approximately 200 and held in the following locations.

Zone I
Lac La Biche, Alberta
Fort McMurray, Alberta

Zone II
Bonnyville, Alberta
St Paul, Alberta

Zone III
Calgary, Alberta
Medicine Hat, Alberta

Zone IV
Edmonton, Alberta
Hinton, Alberta

Zone V
Slave Lake, Alberta
High Prairie, Alberta

Zone VI
Peace River, Alberta
High Level, Alberta

2. Need Assessment and Consultation Format

The format implemented was standardized. There were presentations made by invited staff from established justice service providers and facilitation was provided by the MNA Tripartite Unit.

The participants received updates on all justice initiatives currently being implemented by the justice departments of Canada and Alberta. Based on the information provided by the MNA and the presentations provided by Victim Services, NCSA, Métis Nation of Alberta Wilderness Camp and Probation Services, there was an opportunity for questions and answers on justice initiatives.

Alberta Justice Summit
A Time for Opportunity and Renewal

Note: The recommendations are also cross-referenced from the recorded flip chart notes. These recommendations reflect the intent and direction of community input into federal and provincial justice initiatives.

1. Youth Intervention/Prevention

• Accessibility of Intervention and Prevention Programs
• Accessibility to Alberta Family & Social Services Early Intervention and Development Programs
• Family & Community responsibility to the Youth
• Responsible parenting and guidance to Youth

2. Crime Prevention

• Métis communities bridge existing services available for Crime Prevention

• Métis communities incorporate existing Diversion programs to alleviate rate of intake and incarceration of young offenders/adults
• Métis communities coordinate and create partnerships with justice resource providers.

Recommendation

• MNA propose a community based model to deliver justice programs and services
• MNA vis-à-vis political avenues and the PMJC influence justice stakeholders to acknowledge and recognize Métis specific initiatives.

The participants outlined the developmental process as:

• Community organization
• MNA/Communities Capacity Building
• Métis Community and Provincial Coordination
• Integration and community based programs and services
• Development of a community based delivery models

Recommendation

That Alberta Justice provide financial assistance to the Metis Nation of Alberta and the Metis communities in the area of capacity building in order to be competitive for contractual agreements for justice programs and services with the respective level of governments.

Provincial Métis Justice Committee (PMJC)

That the:

• PMJC & TPA Justice Initiatives Unit develop position paper based on a community based integrated model;
• PMJC remain community conduit to Regional Council's and direction to TPA Justice Initiatives Unit and TPA Justice Working Committee;
• MNA Justice Initiatives Unit and the PMJC incorporate a strategic plan to create awareness and understanding of justice initiatives, processes, etc;
• MNA Justice Initiatives Unit explore avenues to conduct follow-up workshops on "How to develop strategic integrated work plans" regarding justice.

Recommendation

• PMJC & TPA Justice Initiatives Unit be maintained and operationalized to assist in Community based justice programs and service development

General Comments

• A need to review policies governing new initiatives on Aboriginal Justice programs and services;
• A strong statement on the need for innovative thinking to curb or alleviate percentage of Aboriginal (Métis) people incarcerated;
• Development of a system to facilitate process for capacity building based on governmental policy direction to administer and manage community based justice programs and services;
• Ensure all options are reviewed to achieve results based on either Métis specific or partnership models;
• Ensure models identified and developed meet the criteria of the Métis communities and be based on an integrated approach;
• Promote, develop and secure intervention and prevention programs and services;
• Secure an avenue to submit integrated program proposals for long term contracts with Alberta Justice, Justice Canada and Commissioner of Children's Services, Education etc.

It would suffice to simply suggest that previous Aboriginal justice studies and report recommendations be implemented even without these observations gathered from the Metis Nation of Alberta justice summit consultations. The recommendations herein touch on all aspects of the justice system and subject to their implementation, should increase Metis confidence in the justice system. The diversion models envisioned by the Metis communities will include preventative and earlier intervention components that will allow for victim involvement and focus on youth development. Comments on policing were no different from previous reports and in fact suggest that this component of the justice system be targeted as a priority utilizing established Métis advisory bodies in the implementation of the recommendations.

The conclusive statements and recommendations on barriers to accessing justice are without a doubt subject to the lack of justice information that has been available to the Métis communities and reflect the tremendous urgency to initiate a strategic development plan that will address the needs/priorities and recommendations aforementioned in this report.

It is beyond a doubt that there are factors, (both negative and positive) to warrant the engagement of serious discussion to develop a long term Aboriginal justice business plan focussing on alternatives and options that should be considered.

The MNA is also aware that in order to meet its mandate to the Metis communities, an innovative strategic plan that can parallel the trends of the provincial and federal governments to community based program and service delivery must be developed.

It is paramount that all parties involved in Aboriginal justice initiatives programming, (Justice Canada, Alberta Justice, MNA) initiate a process that will enable the Métis Nation of Alberta and the Métis communities the "buy-in" or capacity to develop and manage community based integrated service delivery models.

Under the guidance of the elected officials of the Provincial Council of the Métis Nation of Alberta, the Provincial Métis Justice Committee and the technical services of the TPA Justice Initiatives Unit, we have come to the phase whereby the Métis people can and will deliver justice programs and services in their respective communities.

Respectfully Submitted By:
Métis Nation of Alberta