Exploring Indigenous Justice Systems in Canada and Around the World

Participant Dialogue

For the final session of each day participants divided into smaller groups to discuss the topics addressed by the panels. They then presented the highlights of their discussions to the full conference. Representative comments are presented here, organized by theme.

Respect Indigenous Approaches to Justice

Indigenous people know who they are. They will move on in their own way and in their own timeframe. Some communities find the process of defining justice and justice systems a difficult journey. It is a journey of grief, sorrow, loss, of frustration, but also of courage, learning, and hope.

“It is easier to build strong children than it is to repair broken men.”

- Ian MacKay, Red Earth Cree Nation

Participants pointed out that Indigenous justice systems were in place pre-contact. Healing, relationships, connectivity to land and natural laws all taught law. Restorative justice is not a new concept. Family and community had ways to address someone who was acting out and to bring the person back into balance. Participants clearly stated that recognition is not something that Canada has the power to give.

Clear differences emerged between Indigenous and mainstream systems: Indigenous systems look after the whole person, mind, body, spirit, as an investment. Participants forecast a time when there would be no jails. Offenders would be taken onto the land for counselling and therapy with Elders and to reconnect. Canada could save a lot of money by letting communities work with their own people. A shift in focus is needed away from punishment; Justice should be understood as a way of living and being.

Participants distinguished between incorporating Indigenous laws into the mainstream system versus developing and coordinating between the justice systems of distinct groups. It is not possible to sandwich Indigenous justice into other systems; there must be mutual respect. It is important to start with the vision of the Indigenous group, where we are now and where we are moving in the future. We must be open to their being multiple paths forward and tools to use. We cannot impose a one-size fits all approach. 1. Respect

Redefine Relationships

Community consultation is important for the legitimacy of laws, but it is hard to talk about laws when basic needs such as food, shelter and water are not being addressed. When you have a power imbalance, is reconciliation possible?

There must be a debate about what Indigenous Law would look like in Canada and how it would be enforced. Throughout this debate there must be belief and trust in Indigenous nations to govern.

Some participants raised questions about the interaction of legal systems. For example, when there are jurisdictional challenges does the Supreme Court of Canada rule over all the groups?

Participants noted that both civil and common law also already exist in Canada so why can we not do this with Indigenous laws as well? A blended system could be developed with communities having their own community justice systems. Community members want to move away from a delegated power model. There is a parallel path that respects the Two Row Wampum. We need to polish this chain and work on the relationships. Government to government includes not just Canada to Indigenous, but Indigenous to Indigenous as well.

Participants noted the need for patience. We cannot expect to know each other right away, but we can get to know and respect each other. There was recognition that Canada needs to be a legal pluralistic society. We have to work together. Our children will be here on this land and we want to share respect, honour and love. Some communities will have different goals that must be respected. We are meant to be on a journey of equals. It is about education and respect. 2. Redefine

Rethink

Many participants spoke about the need to learn from Elders. They also spoke of the need for everyone to learn Indigenous laws and to share. Indigenous peoples also need to recognize these traditional laws as laws that can be enforced. Law can be revitalized by educating ourselves about the land and the tie to our people; this is part of a commitment to the Creator to care for the land.

Learning Indigenous languages was raised by participants in order to learn from the traditional stories told by elders. These legends are actually ways of life that teach how to live and respect animals and the consequences of not living in a good way. Some communities have made language a priority with language committees and their own language laws. The fruits of this work are being seen in children who now speak Indigenous languages, sing their songs, and dance.

Some participants identified the need for all Canadians to be educated on Indigenous laws, especially those who work in and with communities who wish to apply and enforce Indigenous laws. Some of the non-Indigenous participants recognized that they must be open to rethinking their education and separating the fear of the unknown from the idea of making space for dialogue through the legitimacy of Indigenous vision.

Differences in thinking between Indigenous and European systems were pointed out: the European thinking is linear with silos whereas Indigenous thinking is holistic and deals with the mind, body, and spirit together. This difference has caused systemic problems. The silos need to be broken down and justice recognized as holistic, as being woven through everything. 3. Rethink

Resource

Indigenous peoples need funding to care for their people. They also have something to share, to work together. Many community members spoke of how they do a lot with very few resources – they, themselves, are resourceful! It is also about the people – not just the money. Participants identified sharing between communities as a deeply held principle and identified cross-pollination as a key to successful enforcement.

Resourcing is an issue in a multi-jurisdictional setting. While cost-savings to other jurisdictions should be an incentive, Indigenous communities are still trying to negotiate more resources to implement enforcement. All these aspects are needed to make a justice system work.

“This Symposium shows our collective will to engage in open and honest exchanges between Indigenous leaders, experts and academics, provinces and territories and the Government of Canada, in order to discuss the work that remains in rebuilding Indigenous systems of justice.

This conversation represents only one part of the broader and ongoing discussions around nation rebuilding, but it is of course a key part of those discussions as the administration of justice is a core element of self-determination and governance.”

- Arif Virani, Parliamentary Secretary to the Minister of justice and Attorney General of Canada and Minister of Democratic Institutions 4. Resource