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A) Draft Principles for Innu Justice
1) The Canadian Justice System is alien to Innu people. While we may
share a number of values expressed in the Criminal Code, we put a different
priority on those values. Certainly, we do not share the emphasis on
judgment, punishment, and taking the "offender" from the community unless
there is no other effective way of dealing with the situation.
2) An Innu Justice Diversion Program is a step in a transition to a
true Innu Justice System. As Innu people we have never given up our
jurisdiction over justice matters. The Canadian system was imposed on us
and we now want to reclaim our jurisdiction. Innu definitions and solutions
cannot exist apart from the current system at the outset. However, the Innu
Justice Diversion Program must be acknowledged as a transition step in an
Innu Justice System. Administrative refinements to the existing Canadian
court system will not in the longer term be sufficient to accommodate Innu
interests. A transition to an Innu Justice system is both possible and
desirable as an exercise of Innu jurisdiction.
3) Wherever possible, offenders should stay in the community so he/she
can acknowledge and change his/her behavior. Incarceration as punishment
and deterrence will not break the cycle of offending behaviour including
that of sexual abuse and family violence. Instead there must be a return to
balance for the person(s) involved which can best be accomplished through a
process of accountability that includes support from the community through
teaching and healing.
4) The use of judgment and punishment actually works against the
healing process. Punishment without healing moves a person further out of
balance.
5) Healing should not be separate from justice. Putting justice and
social services into separate compartments will not work. Innu need a
holistic approach to personal and community healing.
6) Special attention must be paid to victims. Their voice must be
accorded a central place in decisions about the process to be followed and
how reconciliation and healing can be achieved.
7) There must be increased Innu responsibility for defining and
resolving justice issues on our own terms. The Attorney General of
Newfoundland must realize that the Innu program may differ from aboriginal
pilot projects elsewhere. This is natural and is to be respected and
supported.
8) The Innu Justice Diversion Program will respect life and Innu
community values and help each other to heal rather than to punish.
9) The Innu Justice Diversion Program must ensure Innu institutional
change, not just individual change. Otherwise, the Innu justice initiative
may end if funding ends.
10) The Innu Justice Diversion Project and Innu Policing are
interconnected. The Innu Policing Protocol must reflect the principles for
Justice Diversion.
11) As Innu we will make mistakes in carrying out our Justice Diversion
Program, so the need to be open in our approach will be continual.
12) While we realize that "diversion" or "alternative" programs do not
give us jurisdiction over Justice matters, the Diversion program is a
critical step towards holistic Innu healing and the social and cultural
renewal of Utshimassit and Sheshatshiu. Accordingly, the mechanisms and
arrangements must reflect the maximum degree of Innu control possible. At
the same time, the scope of what our communities take on must be supported
by adequate levels of funding, training, support facilities and
programming.
13) A cooperative relationship is key to a successful Justice Diversion
Program. We must all work together to restore the balance by addressing
community problems including family violence and sexual assault.
B) Statement of Principles for Community Policing Service
The Innu Officers shall enforce the appropriate Federal, Provincial and
Innu laws in accordance with the following principles:
1) The paramount objective of this protocol is the promotion of harmonious
healthy communities in which the Innu people of Sheshatshiu and
Utshimassit can live in peace and dignity.
2) The Innu communities of Sheshatshiu and Utshimassit require a policing
service to keep the peace, and provide protection to persons and
property, by crime prevention, community education and law enforcement.
3) Policing services in the Innu communities of Sheshatshiu and Utshimassit
must be accessible to and must protect all members of the community
including women, children the elderly and the handicapped.
4) Policing services in the Innu communities of Sheshatshiu and Utshimassit
must be of the highest professional standard.
5) Policing services in the Innu communities of Sheshatshiu and Utshimassit
must be appropriate to the culture and tradition of the Innu people.
6) Policing in the Innu communities of Sheshatshiu and Utshamssist shall
have a community-based, preventative orientation.
7) The Innu in Sheshatshiu and Utshimassit should participate in
establishing policies, implementing programs, and setting and meeting
priorities and objectives for policing services.
8) Innu officers should have a balanced role with less emphasis on laying
charges and prosecuting offences and more emphasis on crime prevention,
community education, and the restoration of peace and harmony between
victims and offenders.
FOR MORE INFORMATION: Bart Jack
(709) 478-8943/8919