Inuit Women and the Nunavut Justice System

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Appendix 2: Overview of Issues and Concerns of Inuit Women (continued)

Curt Taylor Griffiths et al., Crime, Law and Justice Among Inuit in the Baffin Region, NWT, Canada, 1995

(a) Court Structure

• dilemma of the court: harsh sentences and incarceration critiqued as being culturally insensitive. But lighter sentences criticized for imposing a double standard
• circuit court is an imposed institution
• people have little understand of the role and objective of the circuit court
• critiques of the court: delay, double standard, overuse of probation, ineffectiveness of community-based sections; comprehension difficulties understanding administration of justice, and sexual assault sentences and sentences for violent crimes
• court not effective in deterring offenders from re-offending regardless of the type of sentence
• likelihood that spousal assault suspect would not receive a prison sentence or would spend little time out of the community means victim discouraged from reporting assault because nothing meaningful is done
• *some feel that people outside the community more likely to be objective
• court is ignorant of culture, the communities and about crime victims and the offender
• judges lack traditional wisdom
• schedule of circuit court is hurried and makes it ineffective
• frequent change in court personnel is a problem
• court requires Inuit to behave in non-traditional ways: confronting in public, judging
• Inuit culture stresses apologies, reconciliation, and forgiveness which does not fit with the court, and which are foreign to non-Inuit, especially the approach that attempts to reintegrate offenders: community feels sorry for the one going to jail
• language a major barrier to Inuit becoming more knowledgeable about the court, procedure and case processing, and many legal concepts and terms that are not easily translated or understood
• defence lawyers know little of the community, don’t take the time to prepare, cause delays encourage dishonesty
• Crowns don’t understand community and impact of sentences and don’t take enough time to prepare
• consequences of case delay on victims, offenders families, justice personnel and communities particularly problematic in Baffin: source of tension for the accused, victim can become confused
• suggestion that defence come to the community in advance, and the court visits should happen more often and that JPs have wider jurisdiction
• view that the court does not make more decisive action on repeat offenders
• view that sexual assault sentences to lenient and court doesn’t provide sentences that deter offender and protect women in the community

Reluctance of Inuit to Judge One Another

• confrontation and passing judgment in a public forum opposite to the manner in which Inuit resolved disputes and sanctioned offenders traditionally
• reflected in Inuit juries’ reluctance to convict
• some question whether jury members understand the court proceedings
• *putting Inuit on Juries reflects an effort to involve the community
• *Territorial court judge involves community in sentencing: makes effort to maintain contact with community through community meetings and involving elders and the JPs, goes on radio to inform the community to answer legal questions, welcomes JPs to sit with the judge in hearing cases
• question is whether an “outside” court premised on Canadian law, will ever be able to respond effectively to crime and trouble in Baffin region communities
• court might pay attention to the offender, but does not similar attention given to the victims of crime, some feel

To improve the delivery of court services:

• increase the participation of Inuit in the court process
• expand the JP program
• develop community sentencing panel with different age groups and men and women
• JP tribunals that would involve multiple JPs and would reduce community pressure on a single UP-community-based programs may be more effective than the court-Inuit elders should be more involved
• less serious offences should be managed by the community
• Territorial court needed to be educated
• circuit court should extend their stay to several days or even a week
• cases should be resolved more quickly
• more direct communication between the court and the community required.

(b) Justice of the Peace

• JP courts designed to speed up the precisian of cases and to encourage the resolution of cases in a forum more closely linked to the community
• 1995: JPs handle summary conviction offences
• *widespread support among the Inuit and non-Inuit with respect to the work of the JP courts
• *JPs have a better understanding of the community, the defendant and the families involved
• *JPs more likely to impose tougher sentences in certain cases than the Territorial Court judges on circuit court
• *successful panel of non-Inuit/Inuit panel (female and male) which addresses the traditional reluctance of Inuit to pass judgment
• Inuit and non-Inuit believe the role of JPs should be expanded
• JPs often come under pressure from community residents when hearing specific cases because they pass sentence
• JPs find it difficult to make decisions about community residents
• *JPs process their cases in half the time of the Territorial and Supreme Courts

(c) Community-based Justice Initiatives***

• decentralized justice initiatives must consider the impact on crime victims, communities and offenders
• some evidence that cjc’s might increase the vulnerability of some community residents, particularly women and girls
• policies to decentralize justice must consider each community’s environment, including hierarchy levels of crime and trouble and the capacity of each community to effectively manage these programs and services to the benefit of all.
• *decentralization is the territory’s effort to increase community involvement in the delivery of justice services.
• *also an effort to prepare for the increased authority which Inuit will excise over justice in Nunavut
• some concern that high levels of dependency of Inuit on outside government may undermine any attempts to transfer authority for justice services to the communities
• not clear that hamlet councils and political positions – like mayor- can support the creation of local justice programs and deliver justice services
• use of committees undermines the role of the elders in settlement life.
• committees not recognizable way of doing things
• successful local committees due to residents who commit time and energy, where elders play a pivotal role, communities are close knit , and low trouble
• authority and role of elders has been eroded
• *some elders expressed an interest in being involved in justice initiatives and providing assistance and guidance
• *elders make an impact one on one
• should be focus on the education and development of younger persons in the communities
• RE: Elder abuse: little discussion, but they are victimized, physically and sexually abused, have their personal property and money stolen
• elders do not support women who have experienced abuse at the hands of their partners
• these elders also have an impact on sentencing
• need for community initiatives that will heal the victim especially in cases involving violence and sexual assault
• women and young girls have little authority in many of the communities ; a fundamental restructuring will be required to reduce their vulnerability and to empower them
• self-help committee in the community could provide assistance to victim’s family and to the offender
• victims family could be involved in decision to return offender to community
• -difficult to sustain the interest and participation of community residents in various justice initiatives
• Inuit less inclined to partake of activities where they are passing judgment
• high volunteer burnout on the CJCs
• different RCMP have differing levels of support for community initiatives
• problem of the collective interests paramount over individuals rights, and the implications of this priority for women and young girls
• historically there has been a dependency of community residents on outside agencies to solve problems, therefore difficult for community to seize the initiative
• -community residents have to be encouraged to become involved in the administration of justice
• practice of paying for community work has an impact of willingness of community residents to volunteer
• some families in the community feud with one another, some families have more power in the community which will impact on the response of the community to crime and trouble, particularly for vulnerable groups in the community including women and girls
• *potential is there for young people to take on law-enforcement roles
• *people available to establish outpost camps and to take young offenders out with them on the land
• alcohol education committee a mixed success
• Community law Enforcement Groups (CLEGS) have frequently failed but its mandate is to improve police-community relations – involved in investigating cases of child abuse, providing counseling for offenders on probation and working with offenders one-to-one
• *decentralized justice services have potential to increase community involvement and to create programs and services that may be more effective if: 1) perspective of all residents including vulnerable groups be considered; 2) at a certain point, it’s necessary for social service and justice personnel must become involved; particularly for cases of violence and sexual assault better to uses CJCs for young offender issues and B & Es; 3) the inter-family and power dynamics in the community should not compromise the administration of justice in the community; 4) leaders in the community should have addressed their own issues of sexual abuse, violence, alcohol abuse and abuse or neglect of children; 5) it would be dangerous to reduce the presence or the jurisdiction of the RCMP in the community especially for women and young girls

Canadian Panel on Violence Against Women. Changing the Landscape. Ending Violence – Achieving Equality , Chapter 14: Inuit Women, 1993

(a) Court System/Court Structure

The circuit court system also serves to deny women in the North the right to timely disposition of sexual assault, wife assault and child sexual abuse cases. In the Baffin region of eastern Arctic, for example one judge serves 13 communities, resulting in large backlogs and long periods between court appearances. Many abusers have learned to use the circuit court system to their advantage by obtaining frequent delays. (p.121)

Owing to the small population …there is competition between defendants and prosecutors for available legal services. As a result, lawyers and court workers are placed in a conflict-of interest situations since they represent the batterers who have peace bonds against them and also represent the victims in court when necessary. (p.121)

(b) Justices of the Peace

…there are justices of the peace in each community, the positions are becoming difficult to fill with Inuit. Inuit are sometimes reluctant to assume these positions because judging others—who are often family members—is contrary to Inuit culture, and those who do are often subject to retribution. (p.121 )

(Mary note - contrast "judging" a family member with "shaming them or disciplining them - as in the old days- the role played and means used - so while community-based in the sense that is where the bodies are coming from - the structure is still culturally problematic - how and what they are trained in may help to address the systemic discrimination

Justices of the peace can only hear certain offences, defendants who plead not guilty are automatically referred to circuit court. (p.121)

(c) Community - Based Justice

Elders

Young Inuit women have expressed their concern that justice dispensed by community committees and/or tribunals of elders cannot adequately ensure their safety or provide effective counselling(p.122)

Elders today report confusion about the Criminal Code because the definition of assault in traditional Inuit law was quite different. Today's definition of sexual assault would have been too broad for the days of arranged marriages. (103-104)

Traditional Ways

Many young Inuit women, however, are concerned about the danger they face when traditional counselling is not effective in eliminating violence against them. (p. 120)

The underpinning of Inuit justice was the respect and authority given elders. This basic law of respect was taught from early childhood, the key to its success being the intensive training children received from their parents, grandparents and other relatives. Elders describe how important discipline was in their childhood in learning to be productive people, knowledgeable in the laws that preserved the community. These laws included the protection of people within the community from violence.(103-104)

Justice was handed out by elders. The Inuit Cultural Institute describes the Inuit equivalent to the courts as tribunal made up of elders who were asked to intervene when the re was trouble. The elders would give advice and positive support to a troublemaker or, if the crime was severe, they would embarrass, shun, banish or, in very extreme cases, order the killing of an offender. (103-104)

Traditional Inuit society was similar to other cultures the practice of arranging marriages which ensured all adults found partners during he childbearing years and bloodlines were protected against intermarriage. Strict laws around surrounded marriages, discouraging promiscuity, incest and early pregnancy. To many young women, however, marriage was a frightening event, and there are many stories of women being carried off kicking and screaming by their potential husbands. (p. 103)

Men used to fight with women to have sex. That was the way it used to be. As long as the parents agreed, then the man could have the daughter, even if she didn't want to go. When we took a wife she had to be taught for a long time before she would agree to sex [willingly]. That is because she had been taught all her life not be with men… Today if we did the things we used to do, all the men would be in jail. (p.104)

Women's Participation

L.86 Ensure any new Aboriginal system(s) of justice are developed and administered with the full participation of Aboriginal women. (p. 58 of the Action Plan)

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