Salla Sukow sings the women warrior song at a recent Gwa’sala-‘Nakwaxda’xw gathering. Ceremony will be part of the Indigenous Court process. (Zoe Ducklow photo)

Salla Sukow sings the women warrior song at a recent Gwa’sala-‘Nakwaxda’xw gathering. Ceremony will be part of the Indigenous Court process. (Zoe Ducklow photo)

Indigenous Court to offer alternative sentencing options for northern Vancouver Island

Final approval from the Judicial Council is expected in January

There has been a renaissance of Indigenous legal systems across Canada over the last several years, showing up in the form of small community initiatives, new classes and degrees at law schools.

In B.C., there is an alternative judicial process called Indigenous Court.

The latest of these courts under development is on northern Vancouver Island, led by the Gwa’sala-‘Nakwaxda’xw First Nations in partnership with the RCMP, local Crown council, judges and other stakeholders.

The court plan is queued for final review by the Judicial Council of B.C. in January. If approved, it will be the eighth in B.C., after New Westminster, North Vancouver, Kamloops, Duncan, the Nicola Valley, Prince George and one in Williams Lake which has yet to open.

Indigenous Court is an alternative sentencing method for people who accept responsibility for their crimes, and want to be sentenced by their community instead of the Crown.

“In the standard court system the actual thing I’m accused of is breaking the law, not for the harm done. There’s nothing to address the actual harm caused. Indigenous Court is a way that can create balance back into relationship and undo harm,” said Dean Wilson, acting health director for Gwa’sala-‘Nakwaxda’xw, and coordinator for this project.

In Indigenous Court, the offender will sit in a circle with elders, possibly the victim, family members, neighbours, and a judge. Everyone gets a chance to share how they have been affected by the offender’s actions, which will often include a lifetime of relationship history. An uncle might share memories of when the person was growing up and reflect on how their life choices have changed them. The offender also gets to speak, to share what’s been going on in their life that led to this place.

Together, the elders and judge agree on a sentence with the goal of re-mediating the offender and healing the harm done. A sentence might be going to a remote place to live off the land, with periodic teaching visits from elders. It will include some punitive action, as well as healing for the person based on what’s needed.

A system like this provides flexibility so the sentence makes sense for the people involved, rather than standard criminal code punishment. The intent is to be held accountable by the people directly affected, not an impersonal justice system.

“There’s anonymity facing the court compared to facing my sister, my grandmother,” Wilson said.

It’s still a legal process, with a judge ordering the sentence, and the crime will still reflect on the person’s record. Crown counsel will act as the gatekeeper for which cases are allowed to be sentenced in Indigenous Court. Sexual offences or domestic abuse, for example, will not be allowed to proceed through Indigenous Court.

Port Hardy’s acting Staff Sgt. Chris Voller says programs like this are part of reconciliation.

“To show culturally competent policing, which is our goal, I think we need to understand their culture. And their culture is collaborative, it’s taking into account the voice of elders, it’s accountability, and there are traditional means of dealing with something, not a westernized colonial system that’s been pushed onto them.”

That system, Voller says, simply hasn’t worked.

There is a plethora of data showing how Indigenous people are over-represented in Canadian prisons. In B.C. over one-third of incarcerated people are Indigenous, despite being only 5.9 per cent of the overall population.

Compared to all other categories of accused persons, Indigenous people continue to be jailed younger, denied bail more frequently, granted parole less often and hence released later in their sentence, over-represented in segregation, over-represented in remand custody, and more likely to be classified as higher risk offenders, according to a 2019 Department of Justice Canada report.

Justice is inherently a family matter, and Indigenous Court will require intense involvement from the community for that reason. The Port Hardy Indigenous court will be available for any Indigenous person served by local courts. Individuals must choose this route, Wilson stressed. Those who don’t want to take responsibility and make changes in their lives can still choose to go through the regular court system, he said.

“It’s not an easier route. It’s not about being let off by virtue of past hardships. It’s easier to go to court and take my penalty than having to face my sentence in my community. It’s about changing my behaviour,” says Wilson.

Do you have something to add to this story or something else we should report on? Email: zoe.ducklow@blackpress.ca


IndigenousLaw & Justice

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An original piece of artwork by Rosie Laponder, was stolen along with various art supplies from Julie Ann’s Art and Custom Framing in Chilliwack on Nov. 28, 2020. (Submitted image)
Thieves steal original artwork, art supplies from Chilliwack store

‘It kind of makes you sick to your stomach,’ says store manager

The paraglider pilot, while attempting to free himself, dropped 30 feet and sustained serious injuries as Kent-Harrison Search and Rescue members worked quickly to extract him from the trees. They were able to get him to a waiting ambulance at the end of a nearby forest service road. (Contributed Photo/Dave Harder)
Lower Mainland Search and Rescue saves paraglider in treetop rescue

Pilot tried to self-rescue but sustained serious injuries in a 30-foot fall

Still from a video surveillance camera of a man alleged to have stolen from several people at knife-point in Chilliwack (Rosedale) early on Nov. 28, 2020. (Facebook)
Violent crime spree involving knife ends in arrest in Chilliwack

RCMP looking for footage that captures violent crime spree in Chilliwack

A screenshot of a poster detailing a Dec. 4 protest against Hope council’s decision to reject BC Housing’s rezoning application for 650 Old Hope Princeton Way. (Submitted photo)
Protest planned following Hope council’s veto on supportive housing

Council voted 4 opposed, 1 in support, of BC Housing’s plans to rezone 650 Old Hope Princeton Way

Hope Secondary School. (Emelie Peacock/Hope Standard)
Update: Fourth COVID-19 exposure at Hope Secondary School confirmed

Hope high school the only school in Fraser Cascade to experience multiple exposures

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

Paramedics register patients at a drive through, pop-up COVID-19 test centre outside the Canadian Tire Centre, home of the NHL’s Ottawa Senators, in Ottawa, Sunday, Sept. 20, 2020. A new poll suggests most Canadians aren’t currently worried that people in other countries might get a COVID-19 vaccine first. THE CANADIAN PRESS/Justin Tang
Canadians not worried other countries will get COVID-19 vaccine first: poll

Forty-one per cent of respondents say they want the vaccine to be mandatory for all Canadians

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Menno Place. (Google Street View image.)
32 family members respond to Abbotsford care home’s plea for staffing help during COVID-19 outbreak

Menno Home asks for relief workers for food service, laundry and housekeeping

Kettle bells sit aligned in an indoor fitness studio. (PIxabay.com)
1 COVID-19 case at a B.C. fitness studio leads to 104 more infections, 6 school exposures

According to case data released by Fraser Health, one case of the novel coronavirus carries a big impact

Vehicles drive past a display thanking essential workers in Burnaby, B.C. on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Marissa Tiel
B.C. changing COVID-19 case reporting as virus spread continues

Manual counting takes more time, leads to errors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Co-author of residential schools book condemns controversial Abbotsford class assignment

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Most Read