New Direction considered by justice minister

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Alberta Justice Minister Jon Havelock is considering a proposal that could see a First Nations court established on the Tsuu T'ina First Nation.

The proposal, titled A New Direction - a First Nation Court, is the result of two years discussions between the Tsuu T'ina Nation, Alberta Justice and the federal Justice department.

The Tsuu T'ina Nation initiated discussions with the provincial Justice minister in late 1996 regarding a tribal court proposal that was based on the existing provincial court system. The resulting proposal may become the model on which a provincial First Nation court system could be developed.

"A lot of time and effort went into the proposal," said Peter Tadman, communication spokesperson for Alberta Justice. Havelock will consider the proposal in depth before a decision is announced, he said. "We don't usually put timelines on these things."

The proposal went through a refining process after Havelock requested a review to evaluate the viability of a First Nation court for the province. The general council and an Elder of the Tsuu T'ina Nation, along with provincial and federal officials, made up the review team. The review recommended implementing the First Nation court within one year, if the province decides to proceed with it.

The estimated cost to put the proposal into effect in the Tsuu T'ina community is $372,000. The First Nation court, like a provincial court, will have a full range of jurisdictional authority, but will be limited to cases that stem from Tsuu T'ina territory. Cases that could be heard include criminal proceedings for adults and youth, child and family hearings, civil suits, federal statutes and First Nation bylaws. The court will also hear cases regarding non-Natives.

The vision of a First Nation court includes having a First Nation judge preside over the court, as well as hiring an Aboriginal prosecutor and administrative staff that will provide all support services required by the system. Trained peacemakers will focus on early intervention and prevention in the community to get to the underlying problems on reserve.

The Peacemakers' office, in the context of the new court, will be comprised of individuals in the community that are held in esteem. They would "actively promote and teach traditional values as well as determine why an individual is out of harmony with the community and to restore harmony," reads the review team's report.

"We are focusing on the peacemakers on reserve. We want to deal with the cause of anti-social behavior," said Marsha Erb of the Tsuu T'ina Nation general counsel. The peacemakers will be linked with the court and prosecutors will have more discretionary power to refer people to the peacemakers, said Erb.

The peacemakers will rely on traditional circles, sweatlodges and spirit healing techniques used in the Tsuu T'ina community.

"The biggest difference in the First Nation court is the First Nation judge and the focus on healing," said Erb. She said the review team has a First Nation judge in mind and has made their recommendation to Havelock.

"We're hoping the decision will come soon and the judge will be appointed soon after," said Erb. The judge for the First Nation court will not only preside over the Tsuu T'ina court, but will work in other communities as well. This gives the judge an opportunity to educate and provide leadership to other judges in the provincial court system.

Erb said a lot of education about First Nation traditions will be provided to lawyers, judges and the whole legal system if the proposal is approved. A cultural sensitivity course for lawyers and legal professionals is in the design process. Erb has talked to some lawyers about the idea and the response she has received is positive.

Erb said that enough studies and reports have been done about First Nation people within the justice system to warrant a serious effort be made to find solutions to their problems.