"Creating a Framework for the Wisdom of the Community:" Review of Victim Services in Nunavut, Northwest and Yukon Territories
2.0 Nunavut (cont'd)
2.0 Nunavut (cont'd)
2.5 Recommendations for Victim Services in Nunavut
2.5.1 Introduction
The recommendations discussed in this section are the result of several different consultation processes. The telephone survey of all Nunavut service providers included a question on recommendations regarding potential victim services in Nunavut. In addition key Nunavut service providers (listed in Appendix A) received the previous section describing victim services "best practices" in other remote Aboriginal communities. Their feedback on these victim services initiatives in other jurisdictions, combined with their own insights into service delivery in Nunavut, resulted in further recommendations. All of these recommendations form the basis for this section.
In addition, the 2001 Northwest Territories Victims Assistance Conference took place in Yellowknife during the collection phase for this project. This research project was able to take advantage of the discussions at that conference. The recommendations of the delegates are incorporated here.
Recommendations for improved services to victims in Nunavut can be divided into four categories. These categories are:
- training, support and recovery for existing service providers;
- training, support and recovery for communities;
- leadership, legislation, judicial and correctional systems; and
- victim services programs.
The recommendations in this section are preceded by direct quotations from statements made during the telephone and in-person interviews of respondents in Nunavut.
2.5.2 Training, Support and Recovery for Existing Service Providers
"How are we supposed to work with victims when we need healing and training ourselves."
"We need healthy people to be involved, either paid or volunteer."
"We should use traditional and western methods of working with victims."
"We need trained people to work with victims."
"I went to counselling with my spouse and he threatened me right there, and the counsellor just sat there and didn’t do anything."
"We definitely need lots and lots of training for anyone who will be working with victims, so that they are not swaying the victims to take one course or another … and we are short of trained personnel in the communities."
"Surfacing childhood abuse problems are straining the services."
"We need more parental involvement in teaching traditional lifestyles and self-control."
"There is nowhere to debrief."
"People need someone to talk to, so they won’t be alone."
In terms of overall social service provision, respondents stressed the fact that there were not enough trained indigenous people at the community level to deliver a comprehensive network of social services, including services to victims. Those with training quickly become overwhelmed with demands and have few additional resources to call on.
In this regard, respondents point out that increased assistance to victims has to build on the strengths of existing indigenous and non-indigenous service providers. These service providers need increased training, support and personal recovery opportunities if they are to cope adequately with the needs of victimized people. In their view, service providers working with victims need training in the following areas:
- program planning, implementation and evaluation (budgeting, proposal writing, program implementation, research and evaluation methods, putting ideas into action, dealing with authority, case management, computers);
- community capacity building (networking, communications, conflict resolution, committee and board training, partnering, public relations);
- counselling and advocacy skills (including critical incident stress debriefing, risk assessment, trust building, confidentiality, dealing with defence mechanisms, safety planning, family violence awareness, professionalism, group facilitation, child development, process of recovery, coping with difficult clients, self-defence, cardiopulmonary resuscitation and first aid);
- use of traditional spiritual, consensual and elder-focused methods of intervention with victims;
- legal, correctional and justice system information and skill development (Victim Impact Statements, child and adult witness preparation, liaison with court and correctional systems);
- training in alternate justice initiatives such as restorative justice, alternate sentencing, family justice forums;
- referral system information; and
- opportunities to deal with their own healing and recovery issues.
According to respondents the healing and recovery issues of existing and potential caregivers, and service delivery personnel, should include:
- recovery from their own chemical and process addictions;[38]
- ongoing healing and processing of their own traumatic reactions resulting from child sexual abuse, lack of adequate parenting, violent relationships, residential schooling and/or rejection by family members;
- the ongoing development of personal life skills such as assertiveness, stress management, negotiation, communications, conflict resolution; and
- the ongoing development of professional skills, such as, organizational development, networking, public education, and others as listed above.
Furthermore, respondents pointed out that existing and potential victim service workers will need opportunities to expand their horizons in the following general areas:
- a more thorough understanding of civil administration including hamlet, board, non-governmental organization (NGO) and government structures;
- a more comprehensive understanding of gender and community power dynamics;
- an in-depth appreciation of all aspects of Post Traumatic Stress Disorder (PTSD);
- increased leadership ability; and
- effective, culturally appropriate methods of community development.
In relation to the "best practices" described in the previous section, respondents note that "short and long-term victim recovery programs" cannot be delivered effectively at the community level without first providing healing and training opportunities to existing, and potential, victim services providers and community caregivers. Respondents also state that it will also not be possible to fully establish a "community development approach" to victim services, as described in the previous section, before dealing with the training and healing needs of existing and potential service providers.
Several suggestions were made by respondents in terms of delivering the training, support and recovery opportunities necessary to building a core of long-term community services available to victimized people. These suggestions included:
- developing recognized, certified, modular training courses for delivery at the community level and available to all community service providers in a position to work with victims, with topics as outlined above;
- including elders as well as school counsellors, police, social workers, addictions workers, shelter workers, wellness and mental health counsellors, teachers, nurses, community health representatives, victim services workers, recreational workers, court workers, youth workers and others;
- developing a mentorship program at the community level for people learning the basics of human service delivery, including services to victims; and
- having more than one mentor to call upon while learning how to establish effective community-based programming.
2.5.3 Training, Support and Recovery for Communities
"We need more community training, workshops and better role models."
"There should be a Nunavut-wide awareness and acceptance of the necessity of victim assistance services at all levels … this means educating families, schools, communities and the judiciary."
"Base victim services on existing community and agency strengths."
"Go slowly with communities, avoid fights and use public relations."
"We need a comprehensive approach to our overall social problems … the approach so far has been piecemeal … we should use a comprehensive community development approach and the goal should be the empowerment of the community and individual potential."
Respondents noted that there is a high need for greater community awareness about the needs, and even the existence, of victims of crime. This lack of awareness is complicated by the fact that in many communities it is difficult to get people to attend workshops or events that focus on issues related to crime, such as addictions, family violence, child abuse and parenting. Therefore respondents suggested the following methods of reaching out to community members with both information and encouragement:
- make use of existing community social norms around consistent, ongoing, in-person, home and workplace visiting, information sharing and networking;
- make use of local radio, local TV and community events such as bingo, and recreational events such as hockey, that are well attended in order to develop awareness;
- develop materials and videos in Inuktituk for community use;
- train community justice committees about the rights and needs of victims; and
- assist the schools and other local institutions to include training and information in the areas of interpersonal violence, human rights, victim rights and crime prevention.
In addition to developing community awareness, many respondents commented on the need to encourage greater cooperation amongst existing community agencies. They point out that police, health and social services, schools, hamlet offices, recreational groups, churches and other agencies need closer working relationships in order to address the needs of victims. Although it is not always the case, many of these service providers work in some isolation from each other. Recommendations for increasing service coordination at the community level include the following:
the establishment of community interagency committees that include the services listed earlier as well as community justice committees, community wellness committees and existing non-government agencies such as family counselling centres, daycares, shelters; and the development of community wide strategic plans for addressing local problems with violence and crime through comprehensive service delivery.
According to respondents the ideal approach in each community would include a victim services worker, a women’s shelter or safe houses, youth shelters and recreational facilities, family counselling and educational opportunities, in-home family support workers, drop-in healing centres with healing circles for each age group, in-school victim services for children and youth, child assessment and treatment options, long-term care for disabled children, crisis lines, homeless shelters, addictions programming, mental health services and increased public housing.
2.5.4 Legislation, Judicial and Correctional Systems, and Leadership
"Offenders must serve full sentences … now they come back to the community with more education about just how far they can go in committing crimes without being caught."
"The rights of the victims have to be equal to the rights of the offender."
"Mandate victim assistance into legislation with ongoing core funding for programs."
"The government must recognize the positive impact justice committees can make if properly supporte;, they are a form of successful early intervention."
"We need more political education for women and encouragement for women to run in politics."
"There has to be an opportunity for the victim to see justice done."
"I want to find out how the Yukon got that Act and those programs for victims and where they got the money."
"We need strong and good leaders for role models."
"Community groups ask me: ‘Why can’t the law protect the victim’s right to live in a peaceful home. It should be the abuser who has to leave the dwelling, not the victim.’"
"When it’s a year until the court date, people change their stories."
"One of the best things so far that is easily identified as a positive change is the Family Violence Prevention Act in the Yukon … that it is the abuser who is removed from a household rather than the victim … this certainly puts the responsibility of change where it should be, on the abuser."
"Women need a lawyer or mediator to help them negotiate their rights."
"In a way, I hesitate to have the government become more involved in such issues (through legislation), as once that happens it seems to me the people no longer have a say."
"I’m not sure what the legislation may look like, but anything that will force a victim to do anything in order to shore up the legal system is a no go as far as I am concerned."
Legislation
Most respondents who read the previous section describing victim services in other remote non-Nunavut Aboriginal communities felt that legislation, which protects the safety and rights of victims, as described in that section, is a worthwhile goal for Nunavut. In particular, most respondents referred to the Yukon Family Violence Prevention Act as legislation that has the potential of ensuring an effective method of immediate crisis intervention. In fact, several respondents felt strongly that improved legislation dealing with immediate post-crisis victim protection was the number one priority in terms of improving victim services in Nunavut.
In this regard, respondents, several of whom are quoted above, stressed that there is an overwhelming need to make the rights of victims and offenders more equitable in the eyes of the community. They believe that victim rights legislation creates the basis for a more equitable human rights approach and is therefore essential to the eventual development of truly effective victim services at the community level.
One respondent mentioned the victim notification legislation in Alaska as useful. However, the majority of respondents note that communities and victims in Nunavut are almost always aware of an offender’s release date and post-release plans; so there is less interest in legislation concerning victim notification.
A few respondents, however, did have some cautions to add regarding legislation as it pertains to victims of crime. These respondents feel that victims of crime need the freedom to make their own choices regarding intervention in their situation. They don’t want to see victims put in a situation where they are legally forced to follow a particular course of action despite their own interests. These respondents are not opposed to legislation such as that in the Yukon. They just want such legislation to allow the victim the maximum amount of choice possible under the circumstances.
Finally, in terms of legislation, respondents don’t want victims put in a situation where their chief role is in "shoring up the legal system." Many respondents feel that victims have only been given credibility and assistance in relation to their role within the judicial system as witnesses. In short, respondents note that victims currently receive very little care or attention outside of what is necessary to make them credible witnesses for crown prosecutors. In this respect, community caregivers and advocates are not interested in legislation that would simply further the needs of the judicial system, and once again leave victims with no additional resources.
Judicial System
Respondents had several comments to make about the existing judicial system in Nunavut as described earlier. They are open to alternate methods of dispute resolution as described in the previous section. Restorative justice initiatives such as those available in Buffalo Narrows, Saskatchewan, (Buffalo Regional Victim Services), were seen as potentially worthwhile long-term goals.
However, the majority of respondents feel that community justice committees, community caregivers and victim advocates, where they exist, need more training and support before they can assist victims with these alternate processes. Some respondents pointed out that current resources available to victims, such as Victim Impact Statements, are not being employed. They would like to see these, and other, basic victim services in place before proceeding with restorative justice initiatives, at least as they pertain to spousal and sexual assault.
Most existing justice committees within Nunavut currently follow some restorative or alternative justice procedures. However, sentencing circles and offender diversion programs are used almost exclusively in cases of minor offences and with young people. While community justice specialists in Nunavut report that victims are sometimes involved in these procedures, in general, justice committees have not focused on victims of crime.
In addition, in relation to existing and emerging alternate judicial processes, respondents point out that the existing bias against victims in many communities could, and often does, work against victims. Unless the victim has adequate trained support and/or some level of community support, she or he stands the chance of being re-victimized rather than assisted.
Many respondents referred to the length of time it currently takes to process court cases and all felt that the long waits did not serve justice or the needs of the community, the victim or the offender. They want to see court cases dealt with more swiftly so that healing for all parties can get underway while the incident is still fresh.
In terms of sentences given in the standard judicial process, respondents felt that sentences have been too light. Many respondents remarked that conditional and suspended sentences are inappropriate for child abuse, sexual assault and spousal assault and that these sentences send the wrong messages to offenders, victims and the community at large. In addition, many felt the Young Offenders Act was not being enforced properly.
Finally, although it was not discussed in detail in the previous section, several respondents said they were interested in exploring the option of a Domestic Violence Treatment Option Court.[39] They have heard that this judicial option is being explored elsewhere and they wonder about its applicability in Nunavut where most crimes fall within the category of "domestic violence."
Leadership
In relation to the discussion around family violence legislation, respondents also noted that the drafting and passing of victim support legislation in Nunavut would be difficult given the fact that the majority of elected leadership, both in the legislative assembly and within some Inuit organizations, have not made social problems, let alone the rights of victims, a priority. They went on to say that some officials at the territorial, community and regional level have been re-elected to positions of power despite their own convictions for abuse and violence.
In this regard, respondents felt there should be a policy of "zero tolerance for violence," a code of conduct and oath of office for elected officials within government and in organizations which protect the rights of Inuit beneficiaries.
Respondents also had suggestions to make in terms of the involvement of elders and women at the leadership level. Some respondents believe that elders should be involved as advisors, at the community level, to any potential victim assistance program. They also feel that local Inuit spiritual advisors trusted by the community at large should play a leadership role in assisting victims.
Suggestions were also made about increasing political education to women so they could take more high profile political leadership positions.
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