CNEWS (Canada) http://www.canoe.ca/NationalTicker/CANOE-wire.Aboriginal-Court.html October 14, 1999 Native smudge ceremony to inaugurate aboriginal court CALGARY (CP) -- Pungent sweet grass will waft over a gathering of chiefs, judges, elders and politicians today at the inauguration of a unique aboriginal court in southern Alberta. Leonard (Tony) Mandamin, an Ojibwa from Ontario, was to be sworn in as judge of the new court, formed to balance traditional aboriginal healing with contemporary justice. It's a court that will be closely scrutinized by aboriginals across the country. "This blended approach is an important step towards having First Nations controlling their own justice systems," Phil Fontaine, chief of the Assembly of First Nations, said Thursday from Aylmer, Que. "The adversarial approach to the current system has been very, very difficult for many, many of our people." The Tsuu T'ina court, developed jointly with the federal and Alberta governments, is to include trained peacemakers who will rely on traditional native circles, sweat lodges and spirit healing. About 1,000 members live on the sprawling Tsuu T'ina reserve abutting Calgary's southwest. Its chief, Roy Whitney, ran unsuccessfully for the Liberals in the 1993 federal election. According to a report on the proposed model, peacemakers are to address not only the crime but also the root of the problem that may have translated into criminal or other anti-social behaviour. "The exercise is not simply to identify the cause of specific conduct but to delve into the actual origins of the trouble," states the report compiled by a review team from the Tsuu T'ina Nation and the two governments. "Community and victim involvement would be imperative." Geoffrey Bickert, a Justice Canada lawyer who sat on the review team, said peacemakers will try to become involved before a charge is laid. They will also lead those who are charged through the court process and stay in contact long after a resolution. "The peacemaker's role will be very lively and important -- sometimes more important than a judge," Bickert said. "Judges have a special responsibility in the legal system but they also know they can't solve all problems in a courtroom." The new court model includes: -- A redesigned circular courtroom with the accused facing the community and the judge's bench only slightly elevated. -- Full range of jurisdictional authority associated with a provincial court, including youth and adult crimes, child and family issues, civil law, as well as First Nation bylaws. -- Prosecutors are to use discretion in determining which cases go to peacemakers and which are prosecuted through the court. -- Interpreters for those who speak in their traditional aboriginal language. -- Aboriginal elders to choose traditional ceremonies to open court proceedings. Annual court costs to the federal and provincial governments will be about $350,000, with the province paying for most staff salaries and court equipment and Ottawa funding the office of the peacemakers. This model isn't suited for all aboriginal communities, said Sykes Powderface, a cultural adviser for the Stoney First Nations, west of Calgary. The Stoneys were invited to share the model, but pulled out in June 1998, saying it didn't suit their needs. "It's a good initiative; it's well intended," said Powderface, who sat in on several planning meetings. "But how it's going to work, both sides have to compromise ... and that's one area we are very cautious about." The Stoneys had a provincial court on their reserve in the 1970s, but it was scrapped when a non-aboriginal who was charged on the reserve challenged the court's jurisdiction because it was on federal land, Powderface said. The Mohawks at Kahnawake have for decades had their own court, headed by a justice of the peace, based on an adversarial system. They are in the process of developing a restorative system similar to the Tsuu T'ina's court. Alberta assistant chief Judge Brian Stevenson said Mandamin will likely open the new court in a few months. He is to work on the reserve one day a week, in addition to other judicial duties in Calgary and nearby towns. Mandamin graduated from the University of Alberta law school in 1992 and later served on the Edmonton Police Commission, where he formed a native youth justice committee that developed sentencing circles. ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/
