Indigenous peoples courts: How they can help offenders

The idea of a courtroom for Indigenous people is a new concept for the City of Ottawa, but they have been around in other jurisdictions for years.

The first one opened in Toronto in 2001, but since then others have popped up in Thunder Bay and Brantford.

While few details have been publicly released about how the Ottawa court will operate, experts say they are key to steering Indigenous offenders onto a path of rehabilitation.

• Ottawa's first Indigenous peoples court to be announced Friday

The Toronto-based Aboriginal Legal Servicesis fundingtwo dedicated worker positions in Ottawa to assist Indigenous offenders as they navigate the criminal justice system.

The centre'sprogram director, JonathanRudin,said each Indigenous peoples court operates differently but they all runon the same principles.

Sentencing circles

Some Indigenous courts are using sentencing circles, where the judge sits with the offender as well as elders and educators from the community,Rudinsaid.

"The offender usually speaks much more than they normally would ordinarily speak in court and the judge gets a better sense of not only the offender, but also the people who are close to the offender and what that person needs," he said.

"What the individual is hearing is some teaching or advice or a perspective from the elder about why they need to move off the path they are on. Andit's a way of having people think differently about themselves."

Rudinrecalled one case where a teenager, charged with breaking and entering into a home, was asked by those in the sentencing circle to empathize with his victim about the items he'd stolen from her.An elder reminded the teen how important his grandfather was in his life and the accused told court he would have been devastated if someone stole items his grandfather had given him.

Gladue principles part of Criminal Code

The specialized courts, also known as a Gladue courts, were created aftera 1999 Supreme Court decision in which an accused with Indigenous roots successfully arguedthat during sentencing, thecourt should consider systemic issues such asthe trauma of residential schools or forced re-settlement. The consideration is now enshrined in the Criminal Code of Canada.

Those lived experiences are enteredin court, along with the offenders' personal history, by what's known as a Gladue writer, who prepares the document.The provincial courthouse in Ottawa has such a position now but the new Indigenous court will add a case worker to assist.

People who identify as First Nation, Mtisor Inuit can ask to betransferredto the new court once it's up and running in Ottawa's Ontario Court of Justice.

Indigenous offenders often feel 'alienated'

Jason Leblanc, executive director of Tungasuvvingat Inuit in Ottawa, said an Indigenous peoples court is needed because members of his community, including many who have moved from the eastern Arctic, feel alienated in a big city, let alonein a courthouse.

And it's often a challenge to find Inuktitut interpreters at the Ottawa courthouse, he added.

Inuit people in Ottawa are also copingwith the aftermath of residential schools, the forced re-location of Inuit communities, and the culling of sled dogs. All this can makepeople feel lost and some drift into criminal acts, Leblancsaid.

"It's the cumulative element of de-poweringand thetrauma they face. Alot of time that manifests in not being able to pass on values and be self-determined Inuk," he said.

"A lot of time acts or elements of criminality are a symptom of some underlyinggap in healing or an inability to connect to one's culture and values."

Representatives from local Indigenous organizations will join judges and assistantCrown attorneys when the details of the new court will be unveiledFriday.