Aboriginal Self Government And The Canadian Justice — страница 4
they fail…the justice system too readily closes the door on further rehabilitation and opens the door to jail…jail has a much higher prospect of negative consequences.”(Stevens,1994,42) Judge Stuart ,also has stated “…communities must turn to less adversarial alternatives, such as Aboriginal sentencing circle and mediation between victims and offenders, which are based on consensus, forgiveness and reconciliation…what we’ve done, as the justice system is we’ve come into your communities and said ‘Stand back, the experts are here. We’ve made you lazy, we’ve taken away conflicts as a builder of communities, we’ve taken away, your conflict resolution skills.’…as a result, more people are locked up victims are not healed, offenders go on to re-offend, and a frustrated public continue to call for tougher punishment…The formal criminal justice system should serve as a system of last resort when communities cannot resolve conflict.”(The First Perspective, December,1997,23) An example where the Sentencing Circle has been effective in making a change was in the Yukon. Harold Gatensby, a 46 year old repeat offender, and former alcoholic was granted a Sentencing Circle. As a teenager, his alcoholism drove him to repeat jail terms for assault. By the time he was 15, he was sent to adult court and spent time in a jail in northern Alberta. When he was released, he had learned to forge cheques, hot wire cars and pick locks. It was only with the help of elders in healing circles that he began a spiritual journey to work out for himself the meaning of honesty, trust and respect for others. Gatensby now travels across North America with Judge Barry Stuart training communities to use sentencing circles. Gatensby states that ironically the early Yukon circles were more successful among repeat offenders that first time offenders.(The First Perspective, December,1997,23) “However, there is a significant difference between Aboriginal justice projects operating within the current justice system and the same projects operating within an Aboriginal justice system. Currently, these projects exist at the outer edges of the system. Since they exist at the margins, they are always in danger of being scaled back or abandoned altogether as a result of shifts in the wind. In an Aboriginal justice system, these same projects would have pride of place; far from being at the edges, they would be firmly front and center. In this position, they would not only have the opportunity to grow and thrive, but they would also be important building blocks for the development of distinct Aboriginal justice systems.”(Hylton,1999,225) In conclusion, Aboriginal people have a very different concept of justice than what the non-Aboriginal justice system perceives. Aboriginal people believe that emphasis should be on restoring the situation to harmony rather than punishing the offender. This means understanding what has caused the problems and then taking measures to restore things to balance. It means understanding what were the consequences to victims and others in the community, and what can be done to rectify the whole situation. A regaining of balance and harmony in individuals and communities are the key factors in obtaining justice for Aboriginal people. We must work consistently and together to heal people and communities through the movements of community health and healing, balance, and harmony. This means taking the current justice system and allowing the people whom it has failed miserably to control their own destinies in all aspects, such as the maintaining of their own justice systems through the initiatives of Aboriginal Self Government in Canada. Brizinski, Peggy(1993) “Knots In A String” 2nd ed, University Extension Press, Saskatoon,Sk Donlevy, Bonnie (1994) “Sentencing Circles and the Search for Aboriginal Justice.” Indian and Aboriginal Law, University of Saskatchewan Hylton,John(1999) “Aboriginal Self Governmnet in Canada: Current Trends and Issues” 2nd ed, Purich,Saskatoon,Sk Katapamisuak Society, (1993) Katapamisuak society Protocol. Pound maker Cree Nation, Saskatchewan LaPrairie, Carol (1996)”Sentencing Circles and family Group Conferencing” Australian and New Zealand Journal of Criminology, Vol.29 #1 march 1996. Rudin, J. and Russsel, D.(1993)”Native Alternative Dispute Resolution Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
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