Sentencing system may extend to youth

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The verdict is in on Wabasca's new system of sentencing young offenders by elders' committee, rather than by the court. And according to the judge, police and others, it is successful on all counts.

Judge Clayton Spence, who every two weeks visits the Wabasca-Desmarais communities and the Bigstone Reserve, is pleased with the results.

Since January 1991, youths who have pleaded guilty in court no longer appear before Spence for sentencing. Instead, they are interviewed along with their parents by

a group of community elders. After the interview, the elders suggest a punishment. Incidents of repeat offences, especially probation violations, have dropped significantly since then.

There are other factors involved, Spence admits, "but the end line is - is there less crime?"

Native Counselling Supervisor Raymond Yellowknee, who advises the committee, firmly believes the system is working.

"There's a considerable slow-down in crime by young offenders lately," he said. "Everyone concerned believes that's because of the Youth Justice Committee."

Yellowknee and Spence share the credit for getting the committee off the ground in late 1990. Spence had a hand in setting up the province's first such system in Fort Chipewyan that fall. Spence approached him with the idea, it was exactly what he was looking for.

"Prior to that I had a circle of elders talking to me about doing something about the youth problem in this community," said Yellowknee. "But we weren't really sure what to do or how to get started."

According to Spence, the responsibility for sentencing is now right where it should be. And in his view, the punishment chosen by the elders always fits the crime.

"I don't think we've ever gone outside their recommendations," he said. "They're much more based on consultation with parents. That gets much better sentences than the court could ever provide."

Any tactic that keeps kids from getting in touch again is bound to get police support. This is no exception. Corporal Rod Clarke of the Desmarais RCMP detachment is fully behind the program.

"I'm surprised it wasn't thought about 20 years ago," said Clarke."

The role of the police with the elders' committee is quite simple. After the youth pleads guilty, an RCMP member meets with the committee, explains the circumstances of the case and answers any related legal questions. The RCMP offers no advice as to what the sentences should be -- that's left up to the elders. Their choice of punishment often is very different from what a judge might give.

But it appears to be working, Clarke said.

Spence thinks it works for several reasons. The main one, though, is that the kids simply have more respect for a group of Native elders than they will ever have for the court. When punishment comes from within the community, youth are "less inclined to do it (commit crimes) if they feel people are watching," he said.

With the program's success, a new step may be in the works. Judge Spence will meet the committee later this month to discuss increasing its workload. The idea is to let them handle sentencing for 18 to 25-year olds, as well.

"I think it's important we let them have a hand in sentencing up to 25, and gradually extending it to all ages," said Spence.

That's bold thinking, but the success so far tells Spence he's on the right track.

There would be restrictions on some offences, of course.

"But for the vast majority of criminal offences, it would work."

It will also greatly increase the workload and weight of responsibility on the elders. Spence said that is a concern, but if the community feels it's ready, he is, too.

Committee member Rita Auger figures the elders can handle the challenge.

"I don't think it's a big problem," she said.

All parties agree the program only works because the five elders on the committee care about what they are doing, and because youth in the community are able to respect them.

On that foundation, they believe there is no reason why it can't work on a arger scale.