Consultation Reports

INDEX
- Ownership and Responsibility
- Background
- Funding
- Development, Design and Delivery
- Resource People
- For More Information
- Settlement Workshop Tables
- Gift Lake
- Kikino
- East Prairie
- Peavine
- Buffalo Lake
- Paddle Prairie
- Elizabeth
- Fishing Lake
- Survey: Top Two Choices
- Justice Workshop Wrap-up
- Summary of Concerns
- Recommendations
- Recommendations
- Conclusion

Up until the spring of 1998, it was not possible to say with any confidence what Settlement members thought about the justice system. Nor was it possible to find any reports setting out the concerns of ordinary Settlement members or any reports indicating what justice programs members felt would best address their concerns and the concerns of their neighbors. It was therefore with an eye toward filling this critical gap in information that the Metis Settlements Tripartite Office undertook to engage Settlement members in a dialogue on justice.

While the idea to conduct justice workshops on the Settlements was not a new one, the opportunity to fully engage the Province of Alberta and Government of Canada in the process did not fully emerge until the spring of 1997 with the signing of the Tripartite Agreement. Extra impetus was added to the mix in January 1998, when the Province of Alberta announced that it intended to hold a Summit on Justice early in the following year. The Province was interested in hearing what Albertans had to say about the justice system and, in particular, how Albertans might make a good justice system even better.

With the federal and provincial justice doors opened, the workshop process was designed to serve a number of functions. The first of which was to provide forums on the Settlements in which members could talk about their experiences with the justice system and also talk generally about the needs and problems facing their communities. The second function was to bring federal and provincial resource people to the Settlements to highlight justice program opportunities and engage Settlement members in a discussion about which justice programs they feel would best meet their needs. A third function was to provide Settlement members with forums in which they could express their views about how they would build a better justice system if given the opportunity.

The general needs and concerns raised by Settlement members, along with their program rankings and recommendations about the justice system are all compiled in this report. It is hoped that the findings set out herein are of value and use to both levels of government and all Settlement members who took an active interest in the workshop process.

Financial support for the development and delivery of the justice workshops was provided principally by the Federal Aboriginal Justice Directorate and Alberta's Aboriginal Justice Initiatives Unit, with additional support provided by Alberta Justice and the Alberta Law Foundation. This support is gratefully acknowledged.

The funding provided by Aboriginal Justice Directorate and Alberta Justice was used for the hosting of the workshops including travel expenses for resource people, catering, equipment, etc. The funding from the Alberta Law Foundation was used to hire a coordinator for the justice workshops.

The justice workshop process began with a trial workshop sponsored by the Tripartite Process at Fishing Lake Metis Settlement on May 23, 1998. This meeting served to illustrate that Settlement members had many different concerns about the justice system and a procedure was needed to identify and address these concerns. Following this initial workshop, a justice workshop coordinator--Linda Lewis-- was hired, dates for the remaining seven workshops and all-Settlement wrap-up were chosen, resource people were contacted, and promotional materials were sent out.

The advertising of the workshops consisted of announcements in Settlement newsletters where such existed, posters and handbills were sent to each community, radio, newspaper and television advertisement were utilized and a preliminary visit to each community was made. Also following the trial workshop, a restructuring of the agenda was completed and a lay out was decided upon with minor modifications throughout the workshop process.

The design of the workshops was as follows: an elder from the community was asked to say an opening prayer, brief summaries of the Tripartite Process and the Alberta Summit on Justice were given, followed by a number of resource people then delivering justice program information. Community members were then given an opportunity to voice their concerns about the justice system and were then asked to fill out forms ranking a number of justice programs under various headings. The meetings were then concluded with supper and a discussion of the workshop findings. A cardstorming session was eventually added to the agenda; this session was designed to encourage participation from settlement members by having them break up into smaller groups and together generate dialogue on a series of questions. Each group was asked to fill out a number of index cards and arrange them in order of importance to the group. The cards from each group were then gathered together by a facilitator who placed the cards on a bulletin board. Community members were then asked to organize and categorize the cards with a view to identifying common themes. This method proved to be very successful in engaging community members and facilitating the workshop process

The following is a list of people who generously provided time and/or resources to the Metis Settlements Justice Workshops process:

Aboriginal Justice Directorate
Gary Larkin
Bentley Hicks

Provincial Aboriginal Justice Initiatives
Richard Butler

Alberta Justice
Bruce Anderson

Alberta Summit on Justice
Lareina Mazur

Corrections Canada
Dale Leclair

Strategic Training Initiatives
Herb Lehr

Metis Settlements Appeals Tribunal
Harry Supernault &Phyllis Collins

Public Security
Spence Hilton

Provincial Aboriginal Justice Initiatives
Danielle Dalton

Gift Lake Youth Justice Committee
Harvey Anderson

Metis Settlements General Council
Ken Noskey
Jeanette Calliou
Floyd Thompson
Dennis Cunningham

Grande Cache Institution
Allan Koski

Native Counselling Services
Susan McKenzie
Cliff Gladue
Mike Cardinal

Native Counseling Services
Diana Martin
Karen Telford

Legal Aid
Brian Holpby
Lucy Pucci
Lisa Pomerantz

R.C.M.P.:
Constable Gordon Baker
Constable Darcy Forsen
Staff Sergeant Geoff Elliot
Constable Derrick McKay
Constable Nolan Suss
Constable Harry Cunningham
Staff Sergeant Peter Sherstan

Region 18:
Lillian Parenteau
Sonya Kobelski
Stan Butler
Laurie Thompson

A multi-media information base was produced from the video and written feedback from the workshops. The information gathered has been compiled into a multi-media library available at the Metis Settlements General Council office.

A summary of each Settlement's concerns and program rankings now follow.

Concerns

• The Young Offenders Act is not working
• There are not enough healthy and productive activities for youth or support for parents
• Offenders that come back to the community have difficulty fitting in
• Justice system is not sympathetic to victims and is too lenient on offenders

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation and Healing Circles
3. Mediation Group

Corrections

1. S.81 Care and Custody Program
2. S. 84 Community Parole Program
3. Wilderness and Cultural Camps

Native Addictions Treatment Programs
Preventative Measures

1. R.C.M.P. In-school Programs
2. Head Start, E.I.P. and Community Healing Programs
3. Strategic Training Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Cross Cultural Training
3. Aboriginal Justices of the Peace and Alberta Provincial Court Judges

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. By-law Officers
3. Special Constable Program

Concerns

• Justice system is racist and confusing
• There are no programs available for youth
• Members find it difficult to approach police officers
• The community does not feel like it has any say in the justice system and this makes members feel powerless

Programs:
(no ranking forms were returned but some members commented on programs

• A Citizens on Patrol Program was recommended
• More Native Special Constables are needed

Concerns

• Racism in the justice system
• Young Offenders Act does not work
• Parents find it difficult to deal with youth in a positive way
• Lack of funding for justice programs makes it hard for community to effectively combat root causes of justice-related problems
• Even if funding comes, will the community have a say in the type of programs that are set up?
• Justice system is too lenient on offenders

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation
3. Mediation Group

Corrections

1. Native Addictions Treatment Programs
2. Wilderness and Cultural Camps
3. s.84 Community Parole Program
4. s.81 Care and Custody Program

Preventative Measures

1. Head Start and Early Intervention Programs
2. R.C.M.P. In-school Programs
3. Strategic Training Programs
4. Community Healing Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges
3. Cross Cultural Training

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment
2. Special Constable Program
3. By-law Officers

Concerns

• Young Offenders Act does not work
• Youth do not have enough to do

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation
3. Mediation Group

Corrections

1. Native Addictions Treatment Programs
2. s.84 Community Parole Program
3. s.81 Care and Custody Program
4. Wilderness and Cultural Camps

Preventative Measures

1. Head Start and Early Intervention Programs
2. R.C.M.P. In-school Programs
3. Community Healing Programs
4. Strategic Training Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges
3. Cross Cultural Training

Policing/Peacekeeping

1. Special Constable Program
2. R.C.M.P. On-settlement Detachments and Satellite Offices
3. By-law Officers

Concerns

• Justice system is racist
• Young Offenders Act doesn't work
• Youth do not have respect for themselves or community
• Reporting crime puts victim at risk because penalties for crimes are not harsh enough
• Metis are not involved (in a positive way) in the justice system
• Offender has more rights then the victim

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation
3. Mediation Group

Corrections

1. S.81Care and Custody Program
2. S.84 Community Parole Program
3. Native Addictions Treatment Programs
4. Wilderness and Cultural Camps

Preventative Measures

1. Strategic Training Programs
2. Head Start and Early Intervention Programs
3. Community Healing Programs
4. R.C.M.P. In-school Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges
3.Cross Cultural Training

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. Special Constable Program
3. By-law Officers

Concerns

• Not enough funding for preventative programs
• Justice system is not culturally sensitive and does not take a holistic approach to community healing
• Focus needs to be on victim
• The administration and implementation of justice is too slow
• Community members and leaders are afraid or too apathetic to get involved in the justice system
• Young Offenders Act doesn't work

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation
3. Mediation Group

Corrections

1. Native Addictions Treatment Programs
2. Wilderness and Cultural Camps
3. s.81 Care and Custody Program
4. s.84 Community Parole Program

Preventative Measures

1. Head Start and Early Intervention Programs
2. Community Healing Programs
3. R.C.M.P. In-school Programs
4. Strategic Training Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges
3. Cross Cultural Training

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. Special Constable Program
3. By-law Officers

Concerns

• Leaders and members have not lived up to their responsibility to positively involve the community in the justice system
• Young Offenders Act does not work
• System does not focus on healing and mediation
• Justice system is too slow and inefficient
• Police are not viewed as friends, but are viewed as law enforcers

Program Preferences Diversion Programs

1. Youth Justice and Elders Committee
2. Victim-Offender Reconciliation
3. Mediation Group

Corrections

1. Native Addictions Treatment Programs
2. s.81 Care and Custody Program
3. s.84 Community Parole Program
4. Wilderness and Cultural Camps

Preventative Measures

1. Head Start and Early Intervention Program
2. Community Healing Programs
3. Strategic Training Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counselling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges
3. Cross Cultural Training

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. Special Constable Program
3. By-law Officers

Concerns

• System is racist
• Metis are not adequately represented on parole boards, correctional services or court services
• System is inefficient, inflexible and generally insensitive to Metis culture
• A holistic/healing approach is lacking in the current system
• There are no real crime prevention programs on the Settlement

Program Preferences Diversion Programs

1. Victim-Offender Reconciliation
2. Youth Justice and Elders Committees
3. Mediation Group

Corrections

1. Native Addictions Treatment Programs
2. s.84 Community Parole Program
3. s.81 Care and Custody Program
4. Wilderness and Cultural Camps

Preventative Measures

1. Community Healing Programs
2. Head Start and Early Intervention Programs
3. Strategic Training Programs
4. R.C.M.P. In-school Programs

Court Services

1. Cross Cultural Training
2. Native Liaison Crown Prosecutors and Native Counselling Services
3. Aboriginal Justices of the Peace and Alberta Provincial Court Judges

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. Special Constable Program
3. By-law Officers

Caution

• The following table is to only be used for broad interpretive purposes. The rankings listed below do not reflect the choices of any one Settlement, but only reflect the combined preferences of the Settlements.

Program Preferences Diversion Programs

1. Youth Justice and Elders Committees
2. Victim-Offender Reconciliation and Healing Circles

Corrections

1. Native Addictions Treatment Programs
2. S. 84 Community Parole Program

Preventative Measures

1. Head Start and Early Intervention Programs
2. RCMP in-school programs and Community Healing Programs

Court Services

1. Native Liaison Crown Prosecutors and Native Counseling Services
2. Aboriginal Justices of the Peace and Alberta Provincial Court Judges

Policing/Peacekeeping

1. R.C.M.P. On-settlement Detachment and Satellite Offices
2. Special Constable Program

In addition to the eight justice workshops held on the Settlements, an all-Settlement justice workshop wrap-up was held in Edmonton on September 17, 1998. The wrap-up session was very successful and, aside from the federal and provincial panelists invited to speak at the event, attracted over 75 participants from the eight Metis Settlements. The delegates invited to the wrap-up session ranged from youth to elders, male and female, elected and non-elected, but whatever their backgrounds, all demonstrated an interest in the justice system.

The format of the wrap-up session followed the format used for the Settlement workshops. Members were challenged (through card-storming) to talk about the problems facing their communities, make suggestions about what they would like to see done in the future and, in addition, to talk about their experiences with the justice system and what they would do to improve the system.

The concerns raised at the wrap-up session mirrored those raised at the Settlement workshops. Using the workshops and wrap-up session as reference points, the following themes have been identified:

Alienation: members cannot identify with the rules or administration imposed by the justice system, citing difficulty in relating to police, lawyers and judges.

Isolation: members feel geographically and culturally removed from the justice system. When problems arise, assistance is often slow and delivery is intimidating.

Exclusion: high cost and complexity of court actions (especially lawyer fees) and high demand on existing relief agencies makes it difficult for most Settlement members to meaningfully participate in the justice system.

Inaction: for those Settlement leaders and members not caught up in a cycle of apathy, affecting positive change on the justice system is made more difficult because of past failure to properly involve Settlements in the administration of justice.

Apprehension: uncertainty about justice system's ability to keep victims safe, combined with code of silence pervasive in many Settlements, makes it difficult for victims of crime to feel secure about speaking out.

Dissociation: seeming erosion of parenting skills has left many youth to fend for themselves, which is risk factor that is doubly compounded by lack of support programs for parents and youth

For ease of reference a summary of concerns raised during the workshop process and wrap-up session is provided in the following table:

Workshops and Wrap-up

• Justice system unfair, ranging from racism in sentencing to general lack of cultural sensitivity and respect for Metis
• Police response is slow and sometimes intimidating
• Justice system is not sympathetic to victims and is too lenient of offenders
• High cost of lawyers makes it difficult for members to mount a defense or otherwise meaningfully participate in justice system
• Lack of provincial funding makes it difficult to access federal programs
• High drug and alcohol abuse in communities
• Code of silence promotes crime and fear
• General erosion of parenting skills has led to problems with youth
• General apathy on the part of Settlement leaders and members alike makes it difficult to effect positive change
• Young Offenders Act is not working
• Offenders have a tough time fitting in with communities after release
• System does not focus on healing or mediation

In addition to the concerns listed above, some members felt there has been a loss of morals, values and ethics in communities and that while there are many problems with the justice system there must also be recognition of responsibility for communities by communities. Participants of the wrap-up also answered this question by voicing the values they felt the justice system should encompass. The terms used were restitution, peace, trust, balance, forgiveness, fairness, righteousness, community well being, and choices. It must also be noted that a majority of Metis Settlement members believe that justice is a personal and collective responsibility

Many recommendations were made about how the justice system could be improved, with the majority of respondents advocating increased community involvement. In fact, one of the most well received statements made at the wrap-up session was "Let's get involved!"

Along the line of increasing community involvement in the justice system respondents pointed to the general need to allocated greater resources to Settlement justice workers, Legal Aid, community hearings, mediation, sentencing and healing circles involving elders, youth, victims and offenders, and to increasing community policing and prevention/education programs.

Looking inward, Settlement members also felt that there is a need for greater honesty and accountability within families and between community members and the leadership. The members spoke about having to actively walk down a path of healing and reconciliation.

There was also recognition however that it was not for the Settlements to resolve all the woes in the justice system by themselves. Thoughtful self-examination needs to take place within the existing justice administration. Eradicating discrimination and racism through cross-cultural education was seen as a key to promoting respect and inclusion of Metis communities in the better administration of justice

Apart from the general calls for more community programming, accountability and cross-cultural training, a myriad of recommendations were made to either toughen up the system (especially the Young Offenders Act) or, conversely, move the focus from punishment to healing.

For ease of reference, the recommendations made during the workshops and wrap-up session are summarized on the following table:

Workshops and Wrap-up

What Alberta Justice can do:

• Increase Metis representation in all aspects of administration including, parole boards, correctional services and court services
• Increase funding for police coverage on Settlements
• Allocate funding through Aboriginal Justice Initiatives Unit to better enable Settlements to access federal justice initiatives
• Increase funding for community-based diversion initiatives and prevention/education programs
• Fund Youth Justice Committees and Healing Circles
• Support the creation of family intervention/mediation unit for the Settlements
• Set up scholarship fund for Settlement members interested in pursuing career in justice field (including study of law, policing , healing and mediation)
• Provide rehabilitation and support programs that are geared specifically toward Metis incarcerated in provincial jails
• Simplify the court process and make the court room a less intimidating place
• Promote cross-cultural training of judges, lawyers, clerks, police and all those involved in the administration of justice (including teachers and professors)

General Recommendations-A Mixed Bag:

• Toughen up the Young Offenders Act
• Increase punishment for serious offences
• Increase funding for Native alcohol and addiction treatment programs
• Establish on-Settlement group homes for Settlement youth
• Build healing centres and family wellness centres on the Settlements
• Revisit the Cawsey Report and examine ways to implement it

Looking Inward – What "we" need to do:

• Get Involved!
• Take responsibility for things within our control
• Look to our elders for support and wisdom
• Support and encourage openness with our homes
• Talk with our children, neighbors, and leaders
• Actively seek out home-grown solutions to the problems facing our communities

In providing Settlement members with forums in which they could openly talk about the difficulties and challenges facing their communities, reflect on federal and provincial justice programs and become engaged in a general discussion about the justice system, it is tempting to call the consultation process an unprecedented success. True success, however, must be measured against a broader yardstick.

To be truly successful, evidence must be produced to show the recommendations made by Settlement members have been lifted off the pages of this report and transformed into real, concrete, results. It is a measure of success that cannot be made now, but one that must be vigilantly and relentlessly pursued over the next few years to come.