Consultation Reports

INDEX
- Introduction
- Participating Aboriginal Organizations
- Concerns
- Recommendations
- Themes
- Conclusion

The Métis Settlements General Council and the Métis Nation of Alberta co-hosted an Aboriginal Mini-Summit on Justice on November 5, 1998. As a forum intended to compliment the existing sectoral and MLA consultation processes, the Aboriginal Mini-Summit on Justice drew together a diverse range of participants (1) from the Aboriginal community. Participants in the Mini-Summit included Aboriginal organizations responsible for governance, education, law, justice, human rights, as well as, Aboriginal organizations responsible for the advancement of women and seniors.

The Mini-Summit was also attended by government representatives including the Honourable David Hancock, Minister of Aboriginal and Intergovernmental Affairs, Bruce Anderson from Alberta Justice and, respectively, Richard Butler and Bentley Hicks from the Alberta Aboriginal Justice Initiative Unit and the Canadian Aboriginal Justice Directorate.

The mandate of the Mini-Summit was simply to provide Aboriginal organizations with an additional forum in which to gather, discuss the current justice system, identify areas of common concern and discuss provide solutions to the areas of concern raised during the Mini-Summit.

Apart from providing all the parties with an opportunity to talk about justice system, the organizers of the Mini-Summit held out an additional inducement to the parties that the concerns and recommendations raised at the Mini-Summit would be summarized and forwarded to the Alberta Summit on Justice which is to be held in Calgary from January 27th through 29th, 1998.

This report represents the Métis Settlements Tripartite Offices and the Métis Nation’s best efforts to capture the concerns and recommendations raised during the Mini-Summit and to identify and tie together those themes that appear to be held in common by all the parties.

Métis Settlements General Council
The Métis Settlements General Council is a political organization that represents the interests, including justice, of the eight Métis Settlements.

Métis Nation of Alberta
The Métis Nation of Alberta is the political representative body of Métis people from across Alberta, excluding those living on the Settlements.

Grande Cache Institution
The Native Liaison program provides an advocacy service to Aboriginal prisoners. It acts to provide better communication between staff and inmates. The program also fosters greater cross-cultural awareness.

Institute for the Advancement of Women
This organization promotes and encourages Aboriginal women by building recognition and changing attitudes about Aboriginal women. It also acts as an advocate for Aboriginal women.

Indigenous Law Program
This program recruits Aboriginal students for the faculty of law at the University of Alberta. It also provides academic support for students.

Métis Settlements Appeals Tribunal
MSAT is a quasi-judicial body which focuses on dispute resolution. Its jurisdiction includes membership, land allocations and surface rights for the eight Métis Settlements in Alberta.

Native Senior’s Centre
A non-profit, charitable organization which consists of a Native senior’s drop-in centre, an outreach program and the Urban Native Housing Registry.

David Ward Professional Corporation
A law firm that primarily deals with criminal and custodial matters. The clientele is mainly Aboriginal and Métis.

Native Education Project
As part of Alberta Education, the Native Education Projects focuses on increasing Aboriginal content in the curriculum.

Dennis Callihoo Law Office
A Native lawyer serving mainly Aboriginal clients. Also an adjunct professor at the School of Native Studies at the University of Alberta.

Native Student Services
This organization provides a variety of services to Aboriginal students attending the University of Alberta. Staff members also act as advocates for Aboriginal students.

The Participants were all given an opportunity to talk about what their organization does, their organizations--or their own experiences--with the justice system and, later in the day, about how they would address the concerns and issues raised in the morning if given the opportunity. The participants spoke from their hearts and the ensuing dialogue about the justice system laid bare a list of concerns that resonated with the real and unavoidable frustration of those who try their best to improve and work with a system that has ultimately failed to meet the needs of Aboriginal peoples.

Though somewhat self-evident, the main concern raised at the Mini-Summit was that the justice system is not working for Alberta’s Aboriginal people. Some of the specific concerns raised were:

CONCERNS

Lack of Motivation

• lack of response from all levels of government(re: reports, reviews, commissions)

Cultural Divide

• racism
• system is too complex

Lack of Aboriginal Participation

• skepticism over implementation of recommendations
• not enough Aboriginal Judges
• not enough Aboriginal people on juries
• no political pressure from Aboriginal community for change
• abuses by police

Lack of Coordination

• overlapping jurisdiction
• wasted resources

Education

• not enough education about system
• system is overwhelming and complicated

Implementation

• lack of trust and willingness
• no implementation of past reports(i.e. RCAP, Cawsey, etc.)
• inaction
• low priorities

When asked to direct their minds to what the concerns were really saying, the participants came up with the following list of key ideas:

• there has been little or no implementation of recommendations made in the past
• there is a lack of coordination between governments, line departments and Aboriginal government/communities
• the resources allocated for Aboriginal justice programming is not sufficient
• there is a lack of political motivation to rectify the justice concerns of Aboriginal people
• participants felt a "cultural divide" exists within the system, ranging from outright racism to a lack of Aboriginal participation in the system

All of the participants felt there was a need for pro-active alternatives in order to rectify the concerns identified. This, then, brings us to the recommendations portion of the report.

The recommendations advanced during the Mini-Summit reflect the diversity of organizations present at the Mini-Summit. With each participant’s input, a new and valuable idea was raised for the assembly’s consideration and review. Those recommendations are reproduced in the following table:

RECOMMENDATIONS

Proactive Alternatives

• commitment from all levels of government
• stop building prisons, invest in alternatives

Meaningful Involvement

• increased Aboriginal involvement in all areas of justice system including; police, courts, legislation
• action in regard to reports (i.e. Cawsey, Kirby, RCAP)

Separate Aboriginal Legal System

• separate Aboriginal criminal code
• indigenization of the rank structure in police forces

Increased Government Action

• increased funding for Aboriginal justice programming
• a process to monitor progress of First Nations, Métis and Inuit justice issues
• affirmative action program implemented in provincial government

Partnerships

• education and awareness on the part of government and Aboriginal people
• Aboriginal specific programming and servicing dollars
• expand current system(i.e. Settlement tribunal, MNA Judiciary Council)
• monitor implementation of services to Aboriginal people

More Education

• increased awareness about justice system
• cross cultural awareness
• acknowledge cultural divide

On-going Dialogue

• increase government feedback
• continued involvement with communities
• regular follow-up
• include MNA and MSGC and other affected organizations in high level talks such as First Ministers’ meetings on justice and social union matters

The Participants were once again asked to identify significant concepts arising from their cardstorming session. The following key ideas were identified:

• Meaningful, effective and ongoing involvement by government and Aboriginal communities
• A development of partnerships between Aboriginal communities and all levels of government was stressed
• Establishing an ongoing, effective dialogue about the justice system, with a firm commitment to action and implementation
• Most people agreed that Aboriginal communities need to take ownership of their role in the justice system and become involved in any improvements

Most importantly, participants wanted to see some form of change within a system that is clearly not meeting the needs of Aboriginal peoples in Alberta.

Two major themes emerged during the course of the Mini-Summit.

Ownership
Today, Aboriginal people account for a small percentage of the overall Canadian population but represent a majority of the prison population. Participants at the Mini-Summit agreed that the current justice system is not meeting the needs of Aboriginal people. This inadequacy is reflected in the extremely high rate of Aboriginal communities calling for changes to the justice system.

All participants agreed that Aboriginal people need to take a greater role in developing, maintaining and participating in justice programming. A separate Aboriginal justice system was just one of the suggestions put forward by participants.

It is clear that any change which takes place must include input from Aboriginal people and must reflect their unique and distinct needs.

Action
The second theme that was echoed by all the participants at the Mini-summit was the need for action. Repeatedly, they asked whether there was any point in even gathering for the Mini-Summit if their efforts only prove to meet the same fate of other investigations and reports (i.e. Cawsey, Kirby, RCAP) and serve only as space filler on office shelves. Participants of this Mini-Summit on justice said they were tired of seeing reports, and promises going nowhere.

They agreed that what is needed is a genuine commitment from all levels of government that tangible, substantial results will be forthcoming. A call for meaningful partnerships requires all parties to be committed to change and action.

Participants of this Mini-summit agreed that the key to improving the justice system was for Aboriginal people to take ownership of their justice needs. Ultimately, they would like to see a separate justice system established that is based on traditional Aboriginal values.

It was noted that in traditional systems, restoring balance to the community was seen as the most important element to a good ?justice system?. This process in its traditional form was not simply meant to punish the transgressor. It recognized that the actions of one person affect not only the victim, but the whole community. Community-based decision making was a tool used effectively to restore balance to the community. This method recognized the victim?s right to restitution, but also the offender’s need for rehabilitation.

While the establishment of a separate Aboriginal system may not be an immediate possibility, the participants made many other recommendations for improving the current system that can and should be acted on immediately.

Most of these recommendations focussed on developing meaningful partnerships with government. A call was also made for increased commitment from Aboriginal communities themselves and the establishment of clear accountability mechanisms within the decision-making structures. The general opinion of the participants was that justice should and must be a shared responsibility.

The participants examined concerns about the justice system from an Aboriginal perspective. In this light, the participants have provided Alberta, and the Department of Justice in particular, with the key to making the justice system more responsive and accountable to Aboriginal people.

Finally, for the justice system to be a truly effective social tool, it must be flexible enough to adapt to the changing needs of those whom it is supposed to serve. Moreover, if the Province of Alberta is to say with any credibility that it has heard the voice of Aboriginal peoples in Alberta, the changes set out herein must be earnestly addressed in the immediate future. This message was affirmed repeatedly at the Mini-Summit and in fact gave this report its title: A Call For Action.

1) It must be noted that First Nation leaders from Treaty Nations 6, 7 and 8 did not attend the Mini-Summit.