The Union of B.C. Indian Chiefs (UBCIC) released the ‘Draft BC First Nations Justice Action Plan,’ May 23 07, to create a dialogue on justice. It begins discussing pre-existing culture and ways of life, governance never ceded, and laws respecting peace and balance as inherent principles in justice. STORY continue after picture
Any justice plan must reconcile accused, victim, and community. Presently justice disseminates racial discrimination apparent from a disproportionate First Nation incarceration rate, in which, 3% of Canada is Aboriginal but Canada’s prisons hold populations averaging 18% Aboriginal (and 20% in B.C.).
The draft discusses collective responsibility for health and well-being of the First Nation communities and land. Justice is a primary concern of all the governance accords, including among these, a New Relationship signed with the province of B.C. in ‘05.
Agreements are based on respect, recognition, and accommodation of Aboriginal rights and title, in addition, adding parity to the First Nation standard of living lies at the heart of justice. First Nation legal standing is crucial, derived direct from law, and constitutionally recognized as an inherent right of First Nation governance.
In Kelowna, BC, in ’95, a Transformative Change Accord was signed by First Nations Leadership Council, the Government of Canada, and the Province of B.C., and focussed on closing the socio-economic gap.
"First Nations jurisdiction over justice programs within First Nations communities,” will reduce overrepresentation in prisons and eliminate ‘systemic discrimination’ within the justice system.
The draft said, the purpose of First Nation justice is to, "maintain peaceful relations and harmonious co-existence between all elements of creation.”
The draft said, justice aims at decreasing First Nations over-representation in prisons. The draft discussed holistic approaches in healing through recognition of First Nations jurisdiction.
UBCIC wants legislation to "establish our own justice system,” and increase the importance of First Nations (ancestral) governance in criminal justice. The draft discussed initiatives of shared decision-making based on governance, healing strategies, and justice programs within communities.
The draft calls for diversity and creative new processes using traditional knowledge and current research. The draft anticipates government-to-government agreements written with "common visions” about administrative capacity and infrastructure, legal recognition, and procedural integration of First Nations justice into policing, courts, and corrections.
The draft discussed the Aboriginal Justice Strategy: the federal justice website says, "The AJS was designed to help establish policies and programs that will be the foundation of long term administration of justice improvements within the framework of the Canadian law for Aboriginal people.”
The AJS was established in ’96 with five year mandate, and renewed in 2001, and UBCIC wants it renewed again. Aboriginal justice incorporates First Nations knowledge and mentoring, cultural awareness, and cross-cultural trained personnel, under direction of a First Nations Justice Council.
Improving public safety is the paramount concern of justice, said the draft. Policing and correctional services require meaningful input as to how First Nations obtain equal access to police services. Current pilot projects, like "Community Safety Constables” require adequate resources.
The draft suggested a provincial level First Nation Police Commission and Commissioner and called for more corrections officers.
Corrections services need facilities for the relevant cultural experience; reintegration to society must be accessible through Aboriginal representation on the National Parole Board. Sentencing panels must be composed of First Nations input, and directions in police priorities must enhance First Nation justice plans.
A strategy of transparent communication will allow justice to enter discussions on a high note of prevention. A First Nations Justice Council would include oversight of relationship-building; it would conduct open dialogue, both community-based and culturally relevant.
UBCIC wants business engaged in a dialogue, and the draft calls for cross-culturally trained police to assist First Nations in management of justice programs in their communities. These communities want direct input into selection procedures for police in their communities.
The draft pointed to common objectives about rehabilitation. Restitution for crimes on Indian Reserves should be arranged by revenue sharing fines as another step in harmonizing justice. First Nations crime follows the same trends as other communities, and they need assistance to prevent gang violence and organized crime or recovery from vandalism.
Public education must address systemic racism. The draft discusses importance of First Nations Police officers within communities on and off-reserve. First Nations officers of the court must be cultivated; only this way can equal access to justice programs and services be created.
Public safety is an overarching concern of justice. UBCIC intends their plan to be comprehensive community planning with locally-inclusive tri-partite agreements.
The draft said a lot of UBCIC First Nations are clamouring for justice in fisheries and wildlife, and the draft calls for restorative justice programs specific to these inherent rights. In the course of the past century people became hampered from protecting traditional and sacred sites.
The draft calls for participation on justice panels and the end of over-representation on fishing charges. Protection of First Nations fishing and hunting must include a dispute resolution protocols and a new jurisdiction of conservation courts. An interesting gambit called for, "First Nations Title and Rights,” to be, "affirmed by government on occasions designed to mark the restorative/reconciliation process.”
Traditional Ecological Knowledge (TEK) must be enshrined in legislation, and policy changes to education must include revitalized First Nations languages. Strategies for community health and safety, of children and families, must become culturally appropriate.
First Nations need grassroots facilities like safe houses for women and children with programs providing mediation, counselling, and legal support. Youth interventions, restorative and traditional justice resolution, and rehabilitation, must all turn community-centred, culturally relevant, and restorative in character.
The draft discusses teaching First Nation children individual rights and listening to them to increase protective measures for children, which would build and improve community relationships beneficial to children.
The development of justice, "must transcend spatial boundaries of the reserve.” New capacities in urban centres will provide tools for crisis intervention on family traumas and reduction of re-victimization.
Research continues worldwide on Indigenous law, Canadian First Nations law, rights, title, traditions, values, and cultural preserves. The draft calls for hearing the Elders, whose influence and advice belongs at any table with conventional government policy-makers.
The UBCIC is concerned about justice in remote communities, their education, sensitivity training, disclosure, and reporting of statistics. These communities need access to understanding of their own cultures, insightful early childhood experiences, and an end to grinding poverty.
These communities also require peacemaking programs and parenting circles to bring children into awareness of justice mechanisms. UBCIC wants an end to duplication of services, but First Nations must increase dialogue about troubling and sensitive issues like Fetal Alcohol Syndrome, HIV/AIDS prevention, and other preventable conditions.
Reconnecting children to healing environments and providing professional delivery of justice programs and services stems from the development of the First Nation Education Steering Committee (FNESC).
Additional social measures include encouragement of First Nations to participate as jurors. Provision of information about programs and individual rights must occur in newly conceived and funded programs and services, to begin increasing the capacity of First Nations justice.
First Nation justice workers often serve multi-dimensional roles in a revolving door justice system. They need positive linkages and networks to organizations to establish communications and linkages for input on things like outreach services and probation services, especially for remote communities.
The most important underlying long term strategy for social justice includes First Nation Early Childhood Development.
