New commission to look at justice system

Page 2

The Federation of Saskatchewan Indian Nations (FSIN) and the provincial Justice department have joined forces to form a new commission to look at reforming the justice system to better serve First Nations and Metis people.

The formation of the Commission on First Nations and Metis People and Justice Reform was announced on Nov. 14. The goal of the commission is to "identify efficient, effective and financially responsible reforms to the justice system. The objectives of these reforms are to reduce offending and victimization leading to reduced incarceration and safer communities for First Nations and Metis peoples."

The main reason for the formation of the commission, according to FSIN vice chief Lawrence Joseph, is "the apparent failure, overall, by this western-style justice system in relation to First Nations people in Saskatchewan, and in indeed Canada. And that, actually, came to a head a year-and-a-half ago, January and February of 2000, when in Saskatoon, frozen bodies of First Nations people were found, and questionable deaths in Saskatoon were evident," Joseph said, referring to the deaths of Rodney Naistus and Lawrence Wegner, whose frozen bodies were found on the outskirts of the city.

" And the big thing that happened with, resulting from all that and our political involvement, Darrell Night came forth and dared to report his drop off," Joseph explained.

What Night came forward with were allegations that two Saskatoon Police Service constables had driven him out to the same area where the bodies of Naistus and Wegner had been found and left him there to find his way home on foot in minus 25 degree Celsius temperatures. The two officers have subsequently been found guilty of forcible confinement and have been fired from the police force.

"Essentially, what happened, is from that incident, the Federation of Saskatchewan Indian Nations called for a public inquiry at that time, and was very adamant in saying that if this doesn't go, we're going ahead with it anyway. And to that end, they provided $298,000 to the federation to move on with it in the form of a special investigations unit.

"Now that particular fund was derived from the gaming trust funds, a portion of the gaming trust monies that would normally go to the bands. All the First Nations gave so much from their pot to the kitty. And from that we hired a special investigations unit, and to date, we have accumulated in excess of 1,500 calls from people in distress. From people who would normally not say anything about the abuse at the hands of the so called justice system here in Saskatchewan."

Of those calls received, about 350 have been investigated by the special investigations unit, Joseph said.

"And they're deemed to be very serious, well supported with evidence, serious incidents, still occurring against our First Nations people."

While the FSIN has been working very aggressively for the past year-and-a-half in calling for a judicial public inquiry, Joseph said what has been negotiated is something better.

"Often times people go out as a commission. And a lot of the times we hear lawyers making presentations, representations, more or less coming out and defending their realities, rather than actually putting together practical realities, and putting together practical remedies and solutions to problems that may exist. So I think we've got ourselves a better deal, where the government of Saskatchewan is not being dragged along kicking and screaming. They are actually very cooperative in not only providing the resources to do this, but also guaranteeing that, if need be, we will have the subpoena power if it's ever required."

The commission is comprised of five members, including two nominated by the FSIN, two by the province, and one from the Saskatchewan Metis community.

Former federal MP Willie Littlechild will chair the commission. Littlechild, a lawyer from Hobbema, Alta., was the first treaty Indian to be elected to Parliament,and is currently working with the United Nations on creation of a permanent UN Forum for Indigenous Peoples.

The other commission members are Joe Quewezance, former tribal chief of the Saskatoon Tribal Council; Irene Fraser, a Metis woman and regional manager of community relations and training for the National Parole Board, Prairie Region who has worked to incorporate Aboriginal practices into the parole process; Hugh Harradence, a lawyer from Prince Albert who has recently been active as a coroner for three inquest investigations into the deaths of Aboriginal people in Saskatoon; and Glenda Cooney, deputy children's advocate in Saskatoon.

The work of the commission will focus on all aspects of the justice system in Saskatchewan, including policing, the courts, prosecutions, alternative measures, legal aid, corrections, community corrections, youth justice, community justice, and victims services. The commission will be gathering information by going into communities across Saskatchewan, holding public meetings and individual meetings, and also by looking at reports and recommendations dealing with justice and Aboriginal people in other parts of Canada.

According to Joseph, the goal of the commission in holding public meetings will be "to hear not only the dark side of things, but also hopefully scope out areas that are working not to bad in the area of restorative justice and what not."

Under its terms of reference, the commission will provide progress reports to the federal and provincial governments, the FSIN and the Metis Nation of Saskatchewan every six months, with a final report due within three years.

"Traditionally, these studies have been done, the perception is that they're done, and then they just sit in somebody's desk gathering dust," said Joseph.. "What we have negotiated as a last item is that the spirit of study or analysis by the commission is set aside for three years. But if it requires more time, it certainly does not restrict it. At thesame time, if they finish within that three-year period or sooner . . . there's no need for them to continue. But the commission will recommend short term and long term implementation strategies. Meaning, if there's things that they can recommend as remedies right now after reviewing all other commission reports across Canada, including the Royal Commission on Aboriginal Peoples, Manitoba's justice inquiry and that type of thing, they're going to review and scope out the best remedies that we can implement now. And also, at the end of the day, identify a vehicle to oversee the implementation of its recommendations. Now, we know we cannot compel governments to do anything. But if we have a commission or committee that's in place to oversee the implementation of its recommendations, I think it's one way to make sure that the report and its recommendations are not sitting, gathering dust," said Joseph.

"The commission is a process for reform. We have been told that it's supposed to be forward looking, but again, practically and realistically, we can't just close our eyes to the past.

"This is actually quite , in my view, an historic event for Saskatchewan that will benefit all of the people in the province of Saskatchewan. Because when social costs come down for First Nations people, it's our contention that everybody wins," Joseph said.

"This commission is a vehicle that will definitely address the concerns of Saskatchewan residents. Not just another inquiry. People can be heard offering practical realities and solutions without lawyers."

Joseph shared an analogy he's used in the past to illustrate the lead role First Nations will be taking in the work of the commission.

"This bus is moving. The inquiry is going. And First Nations are driving this bus. The province and anybody else that wants to come along for the ride may do so. But we're not waiting for them. And that's been the consistent approach that we've taken. Without compromise. Without any confrontatioal situations. We've done that, and I think the province heard us, and we sat down, and we hammered out a deal."