Treaty 3 pilots community-based Aboriginal justice strategies as alternatives to existing system

Treaty #3 First Nations are working to establish a justice system that better serves their communities and people (see information below about their Restorative Justice initiative). At the same time a lawyer participating on a panel hosted by Laurentian University's Native Studies department recognizes "the colour of justice in Canada is white".

from http://www.northernlife.ca/localnewsArticle.asp?6id7-pn=&view=108416

No justice for people of colour: lawyer 
BY KEITH LACEY - klacey@northernlife.ca

Racism remains the biggest reason why more than 40 percent of Canada's federal prison population is native or black, says a veteran Sudbury lawyer.

"It's a sad reality, but we have not come very far at all" in treating native offenders in Canada's criminal justice system," says Robert Topp, who has been practising law in Sudbury for more than 30 years.

Topp joined judges, native court workers, other lawyers and professors in a panel sponsored by Laurentian University's native studies program on criminal justice issues affecting aboriginals.

Reading excerpts from an acclaimed book from by University of Windsor native studies professor David Tanovich called The Colour of Justice, Topp said he personally agreed "much more subtle" racism exists throughout Canada's criminal justice system.

"The colour of justice in Canada is white," said Topp.

"The vast majority of violent crime in this country is committed by white people, so why is the majority of our prison population black and native? The problem is a disconnect between the justice system and people of colour.

"There is no system and there is no justice for people of colour in this country and hasn't been for a long, long time."

Until more native people become directly involved in the criminal justice system in positions of authority, the system isn't likely to change, said Topp.

"It's a sad fact of life...and insane to believe that white judges and white lawyers have all the answers," said Topp.

Panels like this can lead to progress and change and the sooner the better, said Topp.

Legal questions must be returned first to the native community so they can be dealt with first in their native communities, he said.

Police Chief Ian Davidson said the time has come for politicians, society and the justice system to address reasons why native homelessness, crime rates, poverty and suicide are so much higher than the general population.

"Individuals who want to make a difference" can help set government policy and ensure these destructive cycles are broken, said Davidson.

Simply throwing native offenders in jail who have lost touch with their native culture, become addicted to drugs and alcohol, and commit crimes is not working and has to change, said Davidson.

Davidson said he's proud of the police service's Mkwa Opportunity Circle, which allows young native people to spend time with front-line officers and encourages them to become involved in law enforcement.

"We're creating the early seeds of making dramatic change in society...we must begin to walk the path together rather than apart," he said.

All officers on the force undergo cultural training and this will continue as long as he's police chief, said Davidson.

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from the Treaty 3 web site at http://treaty3.ca/adminoffice/justice.php

TREATY #3 RESTORATIVE JUSTICE INITIATIVE - Pre-Implementation Phase
Funded by Ontario Ministry of Attorney General

Implementation phase to be funded in partnership with Canada Dept. of Justice – Aboriginal Justice Strategy and Ontario Ministry of Children and Youth Services

Four Treaty #3 First Nations will be the start of a nation wide restorative justice strategy, including:

    • Onegaming First Nation
    • Lac Seul First Nation
    • Grassy Narrows First Nation
    • Naicatchewenin First Nation
  • The pre-implementation phase involves working directly with the four First Nations and the justice system to be ready to divert pre- and post-charges of members from the four First Nations to a community-based and community-driven justice process.
  • Long-term goal is to reduce the number of Treaty #3 members involved in the criminal justice system and address the root causes of the social ills in our communities.
  • Initiative will also include developing community-based systems to heal the communities i.e. a family healing centre