INDIGENOUS
RIGHTS & JUSTICE & RESTORATIVE
Some
Are More Equal Than
Others!
JUSTICE ISSUES
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"We must broaden our way of thinking so that it recognizes the world as one human family. We are all children of one blood. It can be no other way, for there has to be a central source of all humanity where all living beings were created. Original Creator gave us the ability to find out things for ourselves and put them together usually for the greater good....Remember, when the flood recedes, clear water and an enriched land is left." "Dignity is always on the side of the person on the receiving end of a racial slur." |
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Poverty, poor education, unemployment, substance and sexual abuse, dysfunctional families, are problems prevalent in both Aboriginal and non-Aboriginal societies. Yet the majority of crimes committed by Aboriginal offenders are both petty in nature and alcohol-related. In addition, racial marginalization and the disproportionately high incarceration rate of aboriginal offenders, suggests that restorative justice or them needs to focus on social rather than criminal issues. A justice system that is not responsible to the experiences and needs of Aboriginal people actually contributes to these high aboriginal imprisonment levels. The above is a discussion that Thunderbird has with a wide variety of audiences and post-secondary educational institutions. Talk to her about a visit to your event.
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DEMOCRATIC NATION BUILDING Many of today's band councils seem unable to achieve a balance that will satisfy everyone and meet the needs of all. This is further aggravated by the fact that individuals compete for political power and the more dishonest and underhanded ones seek to use criteria which exclude those who have historically been disadvantaged (i.e., women) in order to advance their personal ambitions. It creates a climate of fear, non-support and despair. Some of us have learned the non-Native ways well. When it is done correctly, nation building among Indigenous communities can be a glorious accomplishment. Wherein Colonialism sought to divide and conquer, Indigenous identity is tied up in the building of holistic and harmonious communities by intelligent consensus. In other words, nation building relies on objectivity, compassion, trust, courage and respect for all members of the nation. In the past women played a critical role in facilitating an harmonious environment and the tribes hummed for 60,000 years. Is it so difficult to make the leap and acknowledge that women and men can sit together in a dignified manner and engage in dialogue that will see the tribes safely through the 21st century? Past and present social and combative issues continue to cast a dark shadow over attempts to resolve gender issues. We simply have to believe that we can do this. It requires respect for each other's intelligence and the will to place the health and safety of the whole community over petty power struggles. Only in the resolution of gender will communities be able to move in an equitable manner towards addressing such things as democratic self-government, sustainable economies, management of natural resources and environment, and most importantly, cultural continuity. After all, it is the women who create the stories.
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CONSENSUS STATEMENT BY
FIRST NATIONS WOMEN CHIEFS AND COUNCILLORS
First Nations Women Chiefs and Councillors outraged by crown government interference in the the lives of Indigenous people gathered together for the first time in modern history at the Assembly of First Nations National forum in Vancouver. They expressed their overwhelming concern and frustration with the current situation facing First Nations Communities, families and children. FIRST NATIONS WOMEN CHIEFS AND COUNCILLORS:
WAY TO GO, SISTERS! NOTE 1: Section 67 of the Canadian Human Rights Act reads: "Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act. [1976-77, c.33, s.63.]" NOTE 2: Matrimonial Real Property Issues: There is no provision in the Indian Act which addresses partition or forced sale of individual interests in reserve land, i.e. matrimonial home in the cases of domestic violence. This is a serious legislative flaw resulting from the non-application of provincial family law and the absence of federal law. The only recourse is to apply for an order for compensation upon sale of the property. This has no teeth because the courts do not have the power to order a sale of an interest in unsurrendered reserve land. Couples are generally left to themselves to find a resolution to disputes concerning matrimonial real property on reserve. In other words, there is no statutory law, i.e., interim possession of the matrimonial home, for spouses in an uneven power relationship. In a domestic violence situation, therefore, women and children are trapped in the matrimonial home with their abuser with nowhere to go and no laws to protect them unless a criminal act has been committed such as attempted murder or murder. NOTE 3: If the male holds the title for the land on which the matrimonial home his located, the woman's right to remain on reserve may end with the breakdown of the marriage depending on how the band council has exercised its bylaw powers or residency. Even if she has membership should the husband decide to transfer his interest to the band or to another member of the band (which he can do without her consent), or if she is told to leave or has to leave, there is no legal remedy for her to gain possession of the house even though she is the primary caregiver to children of the marriage. NOTE 4: If a woman holds joint title to the matrimonial home and the marriage breaks down and she is forced to leave the home with her children to to domestic violence situation, for example, she will have difficult in getting another allotment from band councils, there there is a perception that the family entitlement to land had been fulfilled. NOTE 5: Women on reserve have been able to get a restraining order due to domestic violence issues that have allowed them to remain in the matrimonial home. However, after obtaining such an order women have been told by the RCMP that the band did not have the power to enforce the restraining order and there were not going to interfere in band council business! This is the reality for Women in the twenty-first century on reserves!
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WHAT HAS TO HAPPEN TO RIGHT THESE TERRIBLE WRONGS FOR WOMEN ON RESERVE?
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The following is taken from;
Aboriginal Law Handbook, 2nd ed., by Shin Imai.
HOW DOES LAW-MAKING WORK BETWEEN GOVERNMENTS AND INDIGENOUS PEOPLES? The relationship between the application of federal laws and provincial laws is complicated.
The final complication is found in s.88 of the Indian Act which makes provincial laws applicable to Natives under certain circumstances. While this section plays an important role in the past, its current relevance to the application of provincial laws is in transition.
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WHAT IS ABORIGINAL JUSTICE?
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George
Copway, 1818-1863
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WHAT IS RESTORATIVE JUSTICE First, let me tell you that is it NOT what a recent National Post article snidely said, "a group hug for offenders." I'm not sure where such thought processes come from except from the minds and pens of those who are entrenched in the idea that incarceration actually works! Corrections Canada is one of the largest corporations in this country, and unless it has prisoners, prison does not work. What makes it worse is that Canada's First Nations population comprises approximately 2.7% of the thirty-three million of us. Yet, Indigenous offenders comprises a little over 18% of the prison population! Something is wrong, if that number continues to remain as consistent as it does. Corrections Canada is making some reluctant moves in the direction of restorative justice issues by introducing, for example, sweatlodges and Indigenous Elders into prisons across Canada. However, the programmes are hardly consistently applied and woefully under-funded. Having worked with youth in corrections, I can attest to the fact that payment for services rendered is flat out insulting to those of us committed to the healing of our people. The prison system is a huge employer with huge budgets. It is akin to seriously trying to find a cure for cancer, what would have happen to all the research, development, political and social organizations if an actual cure was found. Perhaps it is by design, who knows, but as long as the focus is not on healing but in incarceration nobody wins but the bottom line of the corporation. Restorative Justice is also NOT about:
Restorative Justice IS about:
I have just finished writing a textbook for an Ontario High School in which Justice issues are discussed in some detail including the Gladue Court embedded in the current justice system. It really has at its root RESPECT because it allowed for all parties involved an opportunity to provide input and to participate in the process as completely as possible. The process recognizes the integrity of hearing everyone without judgment as clarification is provided from each person involved. It takes tremendous trust and faith that restoration will be made in a manner that is just, honest and respectful. Important & Interesting Note: When the State becomes the primary victim, that is its laws (i.e. criminal code) have been violated, then it automatically shoves aside victim's rights and the community. They do not have the opportunity of coming together to resolve conflicts because the state's interests have to be served first. Restorative Justice is also not new All across Asia, interest in restorative justice has been focused on Juvenile justice. In his book, A Spiral of Success: Community Support is Key to Restorative Justice in Japan, John Haley writes that Japan has been the most successful industrial democracy in dealing with crime. "Japanese authorities have learned from experience that offender correction and restoration to the community are essential elements of an approach that has proven to be effective in correcting socially deviant behavior. What has developed is a spiral of success, with law enforcement officials, community members, criminals, and victims working interdependently to prevent crime and reintegrate offenders back into the community." |
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Chief
Joseph, 1840-1904
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EXERCISING THE RIGHT OF SELF-GOVERNMENT AS REGARDS JUSTICE MATTERS The Royal Commission on Aboriginal Peoples in Bridging The Cultural Divide, came to the following conclusions on self-government and criminal justice.
The establishment of urban Native justice systems will be involved with the delivery and administration of justice.
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BEWARE WOMEN!
"Any Indian woman
who
marries any person other than an Indian, or a non-treaty Indian,
shall cease to
be an Indian in every respect within the meaning of this Act,
except that she
shall be entitled to share equally with the members of the band to which she
formerly belonged, in the annual or semi-annual distribution of their annuities,
interest moneys and rents: Provided that such income may be commuted to her at
any time at ten years purchase, with the approval of the Superintendent
General." (1920) NOTE: The true meaning of these amendments were quite simply, "Get the Women, Get the Children, Reduce the Bloodline." Many Native men were deliberately plied with alcohol by unscrupulous Indian Agents who sat with them in "good ole boy comradeship" until they signed on the dotted line.
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WHERE WAS JUSTICE, WHERE WERE OUR RIGHTS? 1914 - The Great War, WW 1 starts. Only a scan twenty-six years after the Indian wars end, 17,000 Natives willingly served alongside their former enemies to see that justice was served for Canada. Upon return, Native veterans were denied government pensions (1919) October 7, 1924 - Armed police burst into Ohsweken Council House and read a decree that dissolved the Six Nations’ of the Grand parliament. They broke open a chest and seized documents going back to the time of Joseph Brant, many germane to the sovereignty case. More police raided wampum keepers’ homes taking the sacred belts, the Haudenosaunee equivalents of a flag, mace and Magna Carta.
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HAUDENOSAUNEE
Great Law of Peace
Some of the
following is paraphrased from: The Peacemaker established the Great Law of Peace (called Gatanashagowa) as the Constitution of the Haudenosaunee. The foundation of the law was that thinking and negotiations could replace violence and warfare as a means of settling disputes. The nations of the Haudenosaunee Confederacy (Mohawk, Oneida, Onandaga, Cayuga, Seneca) have held fast to that law since the time of the Peacemaker (1391). The Confederacy existed centuries before the United States Constitution was written which was based on the Great Law of Peace rather than on Greek democracy, as is commonly believed and taught. When the first Europeans arrived they were greeted with well organized communities that comprised a powerful alliance. These tribes controlled a huge area that ranged from the Hudson-Mohawk and St. Lawrence valleys across to the Great Lakes. It was an immense and strategic position because it controlled vast trade routes and no doubt put them in a position to influence modern North American history. The Haudenosaunee were powerful both militarily and economically, but their greatest gift to modern governments was the oldest, most highly evolved participatory democracy on earth. In other words, although the Haudenosaunee were military experts, their government was not founded on might and arms, but rather, on the art of peaceful reasoning. Native People in general had a profound understanding of what it was to be a free people, of what it was to care and share about each other, about what it was to respect each person's opinions and participation in the daily life of the tribe. After all, that is how the tribes hummed for sixty thousand years. Effective decisionmaking and statesmanship were embedded in tribal law and understanding. The United States Constitution is an almost mirror image of the Haudenosaunee Great law. The founding fathers had to look no further than their Haudenausaunne neighbours for a superb example of pure democracy at work. The Great Law quite simply debunked the theory that European politics formed the basis of modern civilization. The following are a few of the main tenets of the Great Law
Conflicts between nations were also resolved through diplomacy and consensus. War - or the use of violence - was a last resort. Before the men could go to war, it was customary for the women to make the moccasins. If the women did not want war, they did not make moccasins. Even then, the women and children of the opponents were spared. Details of the Five-Tribe Confederacy:
Seneca
"Onondowahgah," meaning The People of the Great Hill, also referred to
as the Large Dark Door. (Keepers of the Western Door)
"But during a dark age in our history 1000 years ago, human no longer listened to the original instructions. Our Creator became sad, because there was so much crime, dishonesty, injustice and war. So Creator sent a Peacemaker with a message to be righteous and just to make a good future for our children seven generations to come. He called all the warring people together and told them as long as there was killing there be no peace of mind. There must be a concerted effort by humans for peace to prevail. Through logic, reasoning and spiritual means, he inspired the warriors to bury their weapons and planted a top a sacred Tree of Peace." The Peacemaker legend is central to Haudenausaunne history. It describes a people mired in violent bloody feuds who, guided by a spiritual teacher, were able to set aside war to adopt a Path of Peace. It is a monumental tale of good and evil, finding order out of chaos and the triumph of reason over unreasonable passion for power. Humans were able to rise above their suffering to establish a higher order of human relations. In other words, unity, balance and harmony are achievable even in the worst of times. Individual liberty can be preserved by applying democratic principles. The Tree of Peace is the Haudenasaunnee symbol of those democratic principles. It is a great white pine tree whose branches spread out to shelter all nations who have committed themselves to peace.
Haudenosaunee people of the Great League of Peace were instructed to search for their roots under the Great Tree, which is the symbol of the Haudenosaunee Confederacy, the original five nations who chose to govern their people by peace. HAUDENOSAUNEE AND WAMPUM
On the right is a Five Nations territorial wampum belt. Square on far left is Mohawk: Keeper of the Eastern Door Second from Left: Oneida: Keeper of the Northern Door. Centre white heart represents the Onandaga: Keeper of the Fire. The white hearts also means that the five nations act as one unit in their loyalty to the Great Peace. To the right of the Heart, Cayuga: Keeper of the Southern Door and far right the Seneca: Keeper of the Western Door. Overall the white beads symbolize that no evil or jealous thoughts shall enter into the minds of the leaders while in Council as they are governed by the teaching of the Great Peace. White is the symbol of peace, love, charity and equity and surrounds and guards the Five Nations (Six when the Tuscarora came later.)
Late Cayuga Elder, Jake Thomas holding a replica of a two row wampum belt. Also called Tékeni Teioháte, it symbolizes the relationship between Native people and white people. One purple row of beads represents the path of the Haudenausaunne's canoe which contains their customs and laws. The other row represents the path of the Whiteman's vessel, the sailing ship, which contains his customs and laws. The meaning of the parallel paths is that neither boat should out pace the other, and the paths should remain separate and parallel forever, that is, as long as the grass grows, the rivers flow, the sun shines, will each group understand their place, honour it and continue to renew their understandings and treaties. EVERGROWING TREE BELT The Two-row wampum belt was of particular significant to the haudenosaunne
This belt represents the Ever Growing Tree of Life with its branches spread to the east, west. The top to the north, roots to the south. It is the tree of peace for any nation or individual outside of the Five Nations who wishes to also obey the great laws of peace. If you are of clean mind and heart, you can rest awhile beneath its branches and listen to the great law. Jake Thomas stands with a reproduction of the Ever GrowIng Tree Belt |
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