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

Just Posted

This photo of the small wildfire burning above Naramata was taken at 8 p.m. on Thursday, June 17, 2021 (Monique Tamminga Western News)
BC Wildfire on scene of small wildfire above Naramata

Black smoke can be seen rising from the mountain

Keremeos’ heritage Grist Mill and Gardens. (Brennan Phillips - Keremeos Review)
Keremeos Grist Mill looking forward to restrictions easing with exclusive concert planned

Juno Award-winning folk artist Valdy is set to take the stage

Letter writer says COVID has created lots of newbie cyclists who don't know rules of cycling. (File photo)
LETTER: Newbie cyclists in Penticton need lessons on rules of the road

Penticton cycling group just received city funding, should give back by offering how-to lessons

No dental coverage for low income Canadians. (File photo)
OPINION: Penticton MP’s proposal for universal dental coverage rejected

One in 3 Canadians have no dental coverage, with COVID making it even worse

The weekly COVID-19 map for June 6 to 12. (BC CDC)
South Okanagan sees only 5 new cases in last week

The Similkameen Valley went a second week without any new cases

Bear wanders Kelowna on June 15. (Michelle Wallace/Facebook)
Bear climbs fence, uses crosswalk in Kelowna

The bear was spotted on Baron Road Wednesday evening

Students in the Grade 10 entrepreneurship program at Summerland Unisus School have completed a cookbook with international recipes. (Contributed)
Summerland students create virtual international cookbook

Entrepreneurship program at Summerland Unisus School uses virtual cookbook as fundraiser

Hundreds of people, young and old, joined the three-day Walking Our Spirits Home procession, honouring residential school survivors, those who never made it home and all those affected by the institutions. Here people walk the third portion on June 13. (Martha Wickett - Salmon Arm Observer)
Walking Our Spirits Home from Kamloops provides path to healing

First Nations in and beyond Secwépemc territory join in to honour residential school survivors

More flames
Lake Country home destroyed in large blaze, 11 dogs rescued

Fire crews are responding to 10839 Hallam Drive

(Facebook/Kelowna Cabs)
Kelowna Cabs reaches tentative agreement with dispatchers union

The tentative agreement could help end the dispute between the taxi company and the dispatchers

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

A boat sharing service is extending to Summerland. The company, Penticton Boat Club and Rentals, is also taking over the boat rentals at Summerland Waterfront Resort. (Photo by Chris Stenberg)
Boat sharing service extended from Penticton to Summerland

Company will also operate boat rentals at Summerland Waterfront Resort

201 First Street West 1980s. Prior revitalization. (Photo from Revelstoke Museum and Archives)
Man who redesigned downtown Revelstoke honoured with lifetime achievement award

Robert Inwood has worked on historical projects across the province

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

Most Read