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

A wind warning is in effect for Greater Victoria Monday morning. (Black Press Media file photo)
Strong wind whips Greater Victoria

Winds predicted to subside by Monday afternoon

Island Health has confirmed the first long term care facility outbreak in Greater Victoria at Veterans Memorial Lodge in Saanich. (Google Maps)
Island Health records first long-term care COVID outbreak in Greater Victoria

Veterans Memorial Lodge in Saanich confirms one positive staff member

The Fraser Institute’s annual report card on B.C. elementary schools ranks schools across the province based on standardized tests. (Black Press Media file photo)
Fraser Institute delivers Greater Victoria elementary schools a mixed report card

The annual report card compares test scores of schools across the province

BC Hydro is reporting several outages in Sooke Monday morning. (BC Hydro/Facebook)
Parking fees at Thetis Lake Park will be going up at some point, but not without further discussion. Capital Regional District directors asked CRD staff to come back with alternatives, after hearing a proposal that would increase the $2.25 per day rate to $7 for 2021. (Google Maps)
Greater Victoria politicians ditch plan for $7 daily parking at Thetis Lake

Capital Regional District directors fear backlash from parks users

(Dave Landine/Facebook)
VIDEO: Dashcam captures head-on crash between snowplow and truck on northern B.C. highway

Driver posted to social media that he walked away largely unscathed

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: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Menno Place. (Google Street View image.)
B.C. care home looks to hire residents’ family members amid COVID-19-related staff shortage

Family would get paid as temporary workers, while having chance to see loved ones while wearing PPE

B.C. Finance Minister Carole James and Premier John Horgan announce $5 billion emergency fund for COVID-19 unemployment and other relief, B.C. legislature, March 23, 2020. (B.C. government)
Carole James stays on to advise B.C. Premier John Horgan

Retired finance minister to earn a dollar a year

Langley RCMP issued a $2,300 fine to the Riverside Calvary church in Langley in the 9600 block of 201 Street for holding an in-person service on Sunday, Nov. 29, 2020, despite a provincial COVID-19 related ban (Dan Ferguson/Black Press Media)
Langley church fined for holding in-person Sunday service

Calvary church was fined $2,300 for defying provincial order

A pedestrian makes their way through the snow in downtown Ottawa on Wednesday, Nov. 25, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Wild winter, drastic swings in store for Canada this year: Weather Network

In British Columbia and the Prairies, forecasters are calling for above-average snowfall levels

NDP Leader John Horgan, left, speaks as local candidate Ravi Kahlon listens during a campaign stop at Kahlon’s home in North Delta, B.C., on April 18, 2017. THE CANADIAN PRESS/Darryl Dyck
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
Top doctor urges Canadians to limit gatherings as ‘deeply concerning’ outbreaks continue

Canada’s active cases currently stand at 63,835, compared to 53,907 a week prior

A Canadian Pacific freight train travels around Morant’s Curve near Lake Louise, Alta., on Monday, Dec. 1, 2014. A study looking at 646 wildlife deaths along the railway tracks in Banff and Yoho national parks in Alberta and British Columbia has found that train speed is one of the biggest factors. THE CANADIAN PRESS/Frank Gunn
Study finds train speed a top factor in wildlife deaths in Banff, Yoho national parks

Research concludes effective mitigation could address train speed and ability of wildlife to see trains

Most Read