Is Aboriginal Restorative Justice effective in First Nation communities?

My personal view is that the indigenous perspective in Canada receives little attention as opposed to the other paradigms or ideologies already discussed. The perspective believes that social problems do not stem from individual failure, but is a result of colonialism, racism, and oppression. Example; concerning the social welfare component the indigenous paradigm stresses that indigenous institutions need to be reconstructed and euro Canadian institutions need to be deconstructed. One approach that comes to mind and which I feel coincides with the Indigenous perspective is the Aboriginal Restorative Justice approach. For those who are not aware of the restorative justice approach in Canada, the Law Commission of Canada explains it as, “a process for resolving crime and conflict that focuses on redressing the harm to the victims, on holding offenders accountable for their actions and on engaging the community in the conflict resolution process” (2003, p. 3). I won’t go into detail regarding stats, but they are staggering for the amount of Aboriginal offenders currently involved with the criminal justice system, and/or those who are jailed. I believe in the prairie region it is somewhere in around 70%, which is an incredibly high number. 

Furthermore, and more specifically the Aboriginal Restorative justice approach in Aboriginal communities, “…has a broader mandate and set of goals and expectations than similar programs in non-Aboriginal communities. For Aboriginal communities, the development of restorative justice programs is part of a reclaiming of the process of social control and order maintenance – a process that was explicitly taken away from Aboriginal communities during the period of colonization. In this way, the development of restorative justice programs by Aboriginal communities is very much a part of decolonization of reassuring the importance, vitality and significance of Aboriginal community control over Aboriginal people” (Law Commission of Canada, 2003, p. 27). This definition is lengthy, but captures of the essence of what it really is. With the definition we can see the Indigenous perspective applied. Example; with regards to the nation state the Indigenous paradigm believes that justice is about restoring harmony and balance and reintegration and rebalancing social relations. Furthermore, Aboriginal restorative justice programs incorporate unique elements of Aboriginal culture and traditional knowledge in trying to help the offender. It takes a holistic approach in helping offenders. V. Morrissette said it best; solutions must begin with the, “interrogation of the conditions which created marginalization and oppression for Aboriginal people” (2006, p.163).

The roots of restorative justice can be seen and are strong in many Aboriginal communities. Aboriginal leaders, Elders, and community members have developed strategies, and initiatives to the overwhelming large response of the need for emotional and spiritual healing in Aboriginal communities. The goal is to seek harmony in the community. The community is the main focus of the approach. One example of this approach can be seen with the Hollow Water First Nation. The community is located in Northern Manitoba, approximately two hours north of Winnipeg. Hollow Water has become increasingly involved with developing community-based criminal justice services and programs, which better addresses the community’s specific needs. In reading, Returning to Teachings, community members of Hollow Water explained that, “people who offend against another..are to be viewed and related to as people who are out of balance-with themselves, their family, their community and their creator. A return to balance can be best accomplished through a process of accountability that includes support from the community through teaching and healing. The use of judgment and punishment actually works against the healing process. An already unbalanced person is moved further out of balance (Ross, 1996, p. 171). If you are interested please follow the link attached (you-tube video) on a presentation made by Ed Buller – regarding Hollow Water First Nation (Manitoba), and Mnjikaning First Nation (Ontario), explaining that healing is good for investment for both communities and governments. http://www.youtube.com/watch?v=17sf1voYRn0

Is restorative justice effective in Aboriginal communities, as opposed to offenders being part of the mainstream correctional system? My opinion is that yes it is very effective and very much needed. Although I am sure many will disagree and argue that it isn’t. The approach focuses on the family and community. I believe the restorative justice program is crucial and necessary for healing in Aboriginal communities. I personally have family members who have taken part in programs associated with the approach, and they have found it to be extremely effective/helpful in trying to rehabilitate. Some would say that having the aspect of the spiritual component was the most crucial part of the healing process. Example; taking part in healing circles, sweat lodges, getting involved with Aboriginal culture and traditions, being mentored by an elder, etc.  All of this contributed to the offender making positive changes with their life. In reading the article, Holistic Healing and Accountability, one key important point was made, “In the traditional way of our culture, wrongdoing is a collective responsibility and the process involves all parties acknowledging the wrong, allowing for atonement and installing a system of reparation or compensation in order to restore harmony to the community” (Baskin, 2002, p. 1). As seen with this very statement the community is at the heart of the approach. One point must not be forgotten and must be made that the restorative justice approach could be just one set of conditions imposed by the court. Example; if an offender agrees to the restorative approach, the court could impose other stipulations such as restraining orders, curfews, etc. The restorative justice approach is in line with elements associated with the Indigenous paradigm. We can see this with the example from Hollow Water First Nation in Manitoba, and the point made from the Baskin article.

There are a few organizations in Winnipeg that use the Aboriginal Restorative Justice approach, that work with Aboriginal offenders. One is Onashowenin Inc. Here is the link to the organization if you wish to find out more http://www.onashowewin.com/

- Dara
                                                               References

Baskin. C. (2002). Holistic Healing and Accountability: Indigenous Restorative Justice. Child Care in Practice. 8(2), 133-136. DOI: 10.1007/BF02817599

Buller, Ed. (2008, August 18). Traditional Approaches to healing (video). Heartspeak Productions. Retrieved from http://www.youtube.com/watch?v=17sf1voYRn0

Law Commission of Canada. (2003). Transforming Relationships Trough Participatory Justice. (Catalogue : JL2-22/2003F). Retrieved from http://dsp-psd.pwgsc.gc.ca/Collection/JL2-22-2003E

Morrissette, V. (2006). Towards an Aboriginal perspective that addresses ideological domination in social policy analysis. Chapter 5: Implications for Social Work (pp. 162-189). Unpublished master's thesis, University of Manitoba.

Ross, R. (2006). Returning to the Teachings. (1^st edition). Penguin, Canada.