Today Cathy and I were welcomed to an event the Mohawk Community Centre on Tyendinaga Mohawk First Nation. We attended the 5th Annual Restorative Justice Symposium - "An Indigenous Look at Social Justice" -- presented by FNTI funded by The Ministry of Children & Youth Services with Tontakaierine Tyendinaga Justice Circle.
The Syposium started with the presentation of a film -- "Third World Canada" -- by filmaker Andree Cazabon. The film enters the life of a family from K.I. Kitchenuhmaykoosib Inninuwugon First Nation, Big Trout Lake. The parents of the children in the film had issues and, as the policeman for the reserve commented, suicide was the solution that occurred to them.
The film portrays the response of the children. The title "Third World Canada" speaks to the conditions on the reserve. In the film, the chief of the reserve complains of underfunding. With the money K.I. receives they are only able to build four houses each year. They are not allowed to cut timber from Crown Land. The isolation of the community makes materials extremely expensive. The miserable condition of some of the housing is graphically portrayed. Andree asks us to imagine one winter living in a small, enclosed space with a large family attempting to feed the children on $500 a month.
In the discussion after the film, I commented that the film appeared to facilitate healing for the children. They were invited to speak about their experience, their feelings and the changes in their lives since the suicide of their parents. The audience was moved to tears when young Kyle talked about being shifted from family to family and feeling that people didn't like him. Andree informed us that the older children have travelled with the film as it went on tour. Andree talks of her commitment to a continuing relationship with the children.
In the afternoon, we heard from Jonathan Rudin of Aboriginal Legal Services of Toronto (ALST). He spoke on "Trying to Achieve Social Justice." Rudin was an engaging speaker leading us through a significant learning experience. In the range of two hundred potential Aboriginal cases are diverted each year through Aboriginal Legal Services Toronto.
One of the earliest of the restorative justice initiatives, ALST has managed to convince the Crown prosecuters to dismiss charges against these clients at the point they are diverted to the process. With no threat of punishment the Aboriginal client can accept full responsibility for crimes and enter a serious process of restorative justice. This is key to the ongoing success of ALST's dealing with clients. In 20 years of operation ALST's programs and staff have earned the respect of the Crown.
When asked how a Crown prosecuter or judge can ensure that the diversion to restorative justice is responsibly carried out, Rudin notes that judges and prosecuters in smaller towns want to retain control. The process needs the courts to relinquish control. The Crown has to let go of the worry that things can go seriously wrong and prosecuters and judges should let go of concern for their careers. The lowered rates of repeated offense are proof of the value of this approach.
We learned about "over-representation" of Aboriginals in the prisons -- 1 in 4 men, 1 in 3 women. Ontario's population is only 2% Aboriginal but Aboriginals comprise 10% of the prison population. Rudin is of the view that the omnibus crime bill currently going through Parliament will affect diversion programs negatively and that the "over-representation" phenomenon will be intensified. He holds that constitutionality of mandatory minimum sentences should be challenged. The current government likes police and prosecuters and is shifting power away from judges to this group. The problem is that Crown prosecuters, unlike judges, do not have to give written reasons for their decisions. It is very difficult to appeal prosecuters decisions. Rudin's view is that there are difficult times ahead.
Cathy commented as we left that this was the most informative workshop that she has ever attended.
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