ABORIGINAL PEOPLES AND THE JUSTICE SYSTEM

Restorative Justice Restorative justice is a response to crime that focuses on restoring the losses suffered by victims, holding offenders accountable for the harm they have caused, and building peace within communities. It is achieved through a co-operative effort by both government and the communities. It requires offenders to take responsibility for their actions and for the crime that they have caused.

Benefits of Restorative Justice It views criminal acts more comprehensively: rather than defining crime only as lawbreaking, it recognizes that offenders harm victims. It involves more parties: rather than giving key roles to government and offender it involves the victim and community. It measures success differently: rather than measuring how much punishment has been inflicted it measures how much harm has been repaired or prevented. It recognizes the importance of community involvement and initiative rather than leaving the problem of crime alone to the government.

Aboriginal Peoples and The Justice System 1991 Aboriginal people made up about 3% of the Canadian population but made up 11% of the federal prison population and 15% of the provincial prison population In 1996 in Manitoba they made up 49% of those in provincial jails In Saskatchewan they made up 72% Studies suggest that these high numbers are the result of Systematic Discrimination Critics say that because the system was set up without Aboriginal input it does not appreciate the circumstances facing many Aboriginal people

Evidence of Systematic Discrimination Aboriginal people are more likely to be placed under surveillance or arrested Minor offences committed in public by Aboriginal people are treated more harshly Lawyers spend less time consulting with Aboriginal clients Aboriginal people plead guilty more often, which leads to prison sentences (Most Aboriginal cultures believe in accepting responsibility; even if you didn’t do it) Aboriginal people are less likely to participate in prison rehabilitation programs leading to more time spent behind bars

Evidence of Systematic Discrimination (cont.) Aboriginal people have difficulty obtaining parole, because their communities are too small to avoid coming into contact with people with criminal records Almost 25% of Aboriginal people are unemployed Areas with high levels of unemployment and poverty usually have problems with criminal activity

What is a Sentencing Circle? It is an attempt to rediscover the traditional Aboriginal method of dealing with members of the community who have broken the law. When the person has been found guilty or has pleaded guilty they can ask for the judge to refer him/her to a sentencing circle. The aim of the circle is to shift the process of sentencing from punishment to rehabilitation and responsibility. Offender is faced with the impact of their actions in front of respected community members, Elders, peers, family, the victim and their family, creating an opportunity for real change.

Several Factors to Consider The accused must agree to be referred to the sentencing circle. The accused must have deep roots in the community. The Elders are willing to participate. The victim is willing to participate under voluntary circumstances (no pressure to participate) The court is willing to take a risk and depart from the usual method of sentencing.

Sentencing circle exclusions Repeat offenders or the offense is indictable. If incarceration may exceed 2 years. The attitude of the offender prohibits his/her involvement. Community is not prepared to be involved in the circle. Not all parties agree to participate in a circle .

Who should sit in a sentencing circle? The victim and members of the victim’s family. The accused and members of his/her family. Elder or appropriate community professionals. A chief or councilor from the areas where the victim and accused have resided or where the offense occurred. A judge, defense lawyer or prosecutor and/or police officer may also sit in the circle.

What happens at a sentencing circle? It is usually held in a Band hall, school gym or outdoors. Chairs are arranged in a circle. Tape recorder is placed in the center of the circle. People take their places and the judge asks one of the Elders to say a prayer or perform a sacred Sweet Grass ceremony.

What happens at a sentencing circle? Everyone will have a chance to speak. Only one person speaks at a time. The discussion continues until all members agree on a sentence. The judge decides whether or not the proposed sentence is within the boundaries of the law and formally imposes the sentence.

Sentencing circle rules There are no special powers or privileges for anyone in the circle. There are no interruptions while a person is speaking. Decisions are made on the basis of consensus.

Test Outline Assault/ Sexual Assault Pg. 249 Due Process Different levels of assault Review assault note page Pg. 249 Due Process First Appearance- Arraignment Review post arraignment options (notes page) Preliminary hearing Basics of Sentencing Jury Selection Process

Group activity Scenario: John has just had one really bad day. Anything that could go wrong did. He failed a major test, his project was deleted from the computer, he forgot his lunch and to top it off he had forgotten the keys to his house so he was locked out after school. Later that night after things had settled and he was starting to unwind he decided he would finish up his term project for his history class. He looks at the clock and it is 12:30am.

Scenario cont’d He is finally finished his project that has taken several weeks to complete. John gets ready for bed, returning to his room to discover his sisters cat licking and pawing at spilled coffee all over his project. In a mad rage he lunges towards the cat and begins to strangle it. Not knowing his own strength he unintentionally has killed the cat. This is not normal behavior for John and he is very remorseful but this incident was the straw that broke the camels back!

Today’s assignment Member’s of the class will hold a sentencing circle to determine a sentence for John. Keep in mind that the sentence must also help rehabilitate John. Be sure to follow the rules that apply to a sentencing circle.

Members of the Circle Positions: Offender – abused the cat Victim – owner of the cat Judge 3 Elders and 3 community members Local Chief Mother of the offender and the victim Policeman

Group work In groups of four come up with a scenario where someone would be using a sentencing circle. Write out the scenario and include all those who would play a part in it Include a description/script foe each of the members