Communities should handle justice system

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Elders councils should preside over criminal trials in first nations communities, a Quebec Algonquin judge told the Royal Commission on Aboriginal Peoples.

"That could be of practical assistance and it could be implemented very quickly in remote communities," Quebec Superior Court Justice Rejean. Paul told the committee conducting a three-year investigation into the treatment of Native people.

Paul said the Criminal Code should be amended to allow communities the choice between trying residents by the proposed councils or by the judges.

Paul's comments capped three days of hearings. Judges, lawyers and Native leaders said it's time to overhaul the old system.

James Langston, southern Alberta senior Crown prosecutor, said informal dispute-settling mechanisms often work better than formal trials.

"Reserve to the courts only those matters that cannot be handled by internal mechanism."

While presenters all agreed the system needed changes, they disagreed on just what those changes were.

Assembly of First Nations chief Ovide Mercredi called for a complete and separate Native justice system, saying reforming the existing courts was a mere diversion. His comments were rebuffed by Manitoba Justice Minister James McCrae.

"The need is immediate," he said. "Aboriginal people desperately need a better

deal and they can't wait for Ovide and I to work out the constitutional machinations."

Federal Justice Minister Kim Campbell said it is time to stop talking and start acting.

"Meaningful change is possible but the time has come to get beyond talk," she said.

A paper prepared for the meeting found that more than 30 Native justice studies have been conducted since 1967.