Nault supports Native justice

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The federal government would support the notion of an independent, Native-run justice system in Saskatchewan, as long as it respects the charter rights of First Nations people. Robert Nault, the federal minister of Indian Affairs says the notion of establishing Native courts for Native people, is an idea that's been discussed by Ottawa, the province and the FSIN. Nault said such a system could become a reality if the political will exists among provincial and First Nations leaders.

"I don't see why not," Nault said when asked about the likelihood of establishing a parallel justice system in the province. "We're already doing it in Alberta."

The concept of a Native justice system is just one of the topics that's being explored through the Saskatchewan Common Table process - a three-year-old initiative aimed at giving Saskatchewan First Nations people greater control over their own affairs. Earlier this year, the Alberta Justice Department took a step in the same direction, creating a special court that combines elements of Native and traditional justice. The Native court, which is headed by an Aboriginal judge, is intended to be more responsive to the unique needs of Alberta's Native population.

Perry Bellegarde, chief of the Federation of Saskatchewan Indian Nations, said a parallel justice system for Saskatchewan Native people would be a huge step forward.

He added, however, that the work involved in creating a Native justice system could take several years to complete.

"When you start talking about a new justice system, you start talking about your own laws, your own police force, your own courts on reserve, court worker programs (and all) the different things that are elements of a justice system," Bellegarde said.

Nault said Ottawa would be willing to discuss the issue as soon as the necessary infrastructure is in place.

"It (a Native-run justice system) will have to meet the test of our government's policy position," Nault said. "We (would) want the Charter of Rights and Freedoms to apply. We would want the abilities of First Nations people to be able to contest in the courts like any other Canadian, any other individual in Saskatchewan."

Nault also hinted at the establishment of an independent, Native-run education system in the province but suggested that much work needs to be done between the FSIN, the province and individual First Nations communities.

"In education, we know that the Saskatchewan First Nations wish to develop their own curriculum, to certify their own teachers and to have their own system of education that is more responsive to the needs of not just (Aboriginal) youth but to every First Nations citizen, in the life-long learning approach," Nault said.

But co-operation among the various levels of First Nations government would be crucial, he added.

"Curriculum development and teacher certification would probably be done most efficiently at the provincial-wide level. School boards might most appropriately be organized at the regional level and responsibility for recreational and cultural programming might rest at the level of individual First Nation communities.