Multi-faceted Aboriginal Justice Plan from the UBCIC

The Union of B.C. Indian Chiefs (UBCIC) released the ‘Draft BC First Nations Justice Action Plan,’ May 23 07, to create a dialogue on justice. It begins discussing pre-existing culture and ways of life, governance never ceded, and laws respecting peace and balance as inherent principles in justice. STORY continue after picture 

 

 Any justice plan must reconcile accused, victim, and community. Presently justice disseminates racial discrimination apparent from a disproportionate First Nation incarceration rate, in which, 3% of Canada is Aboriginal but Canada’s prisons hold populations averaging 18% Aboriginal (and 20% in B.C.).

 

The draft discusses collective responsibility for health and well-being of the First Nation communities and land. Justice is a primary concern of all the governance accords, including among these, a New Relationship signed with the province of B.C. in ‘05.

 

Agreements are based on respect, recognition, and accommodation of Aboriginal rights and title, in addition, adding parity to the First Nation standard of living lies at the heart of justice. First Nation legal standing is crucial, derived direct from law, and constitutionally recognized as an inherent right of First Nation governance.

 

In Kelowna, BC, in ’95, a Transformative Change Accord was signed by First Nations Leadership Council, the Government of Canada, and the Province of B.C., and focussed on closing the socio-economic gap.

 

"First Nations jurisdiction over justice programs within First Nations communities,” will reduce overrepresentation in prisons and eliminate ‘systemic discrimination’ within the justice system.

 

The draft said, the purpose of First Nation justice is to, "maintain peaceful relations and harmonious co-existence between all elements of creation.”

 

The draft said, justice aims at decreasing First Nations over-representation in prisons. The draft discussed holistic approaches in healing through recognition of First Nations jurisdiction.

 

UBCIC wants legislation to "establish our own justice system,” and increase the importance of First Nations (ancestral) governance in criminal justice. The draft discussed initiatives of shared decision-making based on governance, healing strategies, and justice programs within communities.

 

The draft calls for diversity and creative new processes using traditional knowledge and current research. The draft anticipates government-to-government agreements written with "common visions” about administrative capacity and infrastructure, legal recognition, and procedural integration of First Nations justice into policing, courts, and corrections.

 

The draft discussed the Aboriginal Justice Strategy: the federal justice website says, "The AJS was designed to help establish policies and programs that will be the foundation of long term administration of justice improvements within the framework of the Canadian law for Aboriginal people.”

 

The AJS was established in ’96 with five year mandate, and renewed in 2001, and UBCIC wants it renewed again. Aboriginal justice incorporates First Nations knowledge and mentoring, cultural awareness, and cross-cultural trained personnel, under direction of a First Nations Justice Council.

 

Improving public safety is the paramount concern of justice, said the draft. Policing and correctional services require meaningful input as to how First Nations obtain equal access to police services. Current pilot projects, like "Community Safety Constables” require adequate resources.

 

The draft suggested a provincial level First Nation Police Commission and Commissioner and called for more corrections officers.

 

Corrections services need facilities for the relevant cultural experience; reintegration to society must be accessible through Aboriginal representation on the National Parole Board. Sentencing panels must be composed of First Nations input, and directions in police priorities must enhance First Nation justice plans.

 

A strategy of transparent communication will allow justice to enter discussions on a high note of prevention. A First Nations Justice Council would include oversight of relationship-building; it would conduct open dialogue, both community-based and culturally relevant.

 

UBCIC wants business engaged in a dialogue, and the draft calls for cross-culturally trained police to assist First Nations in management of justice programs in their communities. These communities want direct input into selection procedures for police in their communities.

 

The draft pointed to common objectives about rehabilitation. Restitution for crimes on Indian Reserves should be arranged by revenue sharing fines as another step in harmonizing justice. First Nations crime follows the same trends as other communities, and they need assistance to prevent gang violence and organized crime or recovery from vandalism.

 

Public education must address systemic racism. The draft discusses importance of First Nations Police officers within communities on and off-reserve. First Nations officers of the court must be cultivated; only this way can equal access to justice programs and services be created.

 

Public safety is an overarching concern of justice. UBCIC intends their plan to be comprehensive community planning with locally-inclusive tri-partite agreements.

 

The draft said a lot of UBCIC First Nations are clamouring for justice in fisheries and wildlife, and the draft calls for restorative justice programs specific to these inherent rights. In the course of the past century people became hampered from protecting traditional and sacred sites.

 

The draft calls for participation on justice panels and the end of over-representation on fishing charges. Protection of First Nations fishing and hunting must include a dispute resolution protocols and a new jurisdiction of conservation courts.  An interesting gambit called for, "First Nations Title and Rights,” to be, "affirmed by government on occasions designed to mark the restorative/reconciliation process.”

 

Traditional Ecological Knowledge (TEK) must be enshrined in legislation, and policy changes to education must include revitalized First Nations languages. Strategies for community health and safety, of children and families, must become culturally appropriate.

 

First Nations need grassroots facilities like safe houses for women and children with programs providing mediation, counselling, and legal support. Youth interventions, restorative and traditional justice resolution, and rehabilitation, must all turn community-centred, culturally relevant, and restorative in character.

 

The draft discusses teaching First Nation children individual rights and listening to them to increase protective measures for children, which would build and improve community relationships beneficial to children. 

 

The development of justice, "must transcend spatial boundaries of the reserve.”  New capacities in urban centres will provide tools for crisis intervention on family traumas and reduction of re-victimization.

 

Research continues worldwide on Indigenous law, Canadian First Nations law, rights, title, traditions, values, and cultural preserves. The draft calls for hearing the Elders, whose influence and advice belongs at any table with conventional government policy-makers.

 

The UBCIC is concerned about justice in remote communities, their education, sensitivity training, disclosure, and reporting of statistics. These communities need access to understanding of their own cultures, insightful early childhood experiences, and an end to grinding poverty.

 

These communities also require peacemaking programs and parenting circles to bring children into awareness of justice mechanisms. UBCIC wants an end to duplication of services, but First Nations must increase dialogue about troubling and sensitive issues like Fetal Alcohol Syndrome, HIV/AIDS prevention, and other preventable conditions.

 

Reconnecting children to healing environments and providing professional delivery of justice programs and services stems from the development of the First Nation Education Steering Committee (FNESC).

 

Additional social measures include encouragement of First Nations to participate as jurors. Provision of information about programs and individual rights must occur in newly conceived and funded programs and services, to begin increasing the capacity of First Nations justice.

 

First Nation justice workers often serve multi-dimensional roles in a revolving door justice system. They need positive linkages and networks to organizations to establish communications and linkages for input on things like outreach services and probation services, especially for remote communities.

 

The most important underlying long term strategy for social justice includes First Nation Early Childhood Development.

CBSA watching cross-border travel by air, automobile, and marine

 Faith St. John is communications  manager  for the Canada Border Services Agency (CBSA) on the west coast. Faith said training underway imminently for Canadian border guards to be deployed in the fall (with the Beretta Storm 9mm handgun) to fulfill the announcement of the federal government this winter. In Budget 2006, the Government of Canada provided $101 million over two years to begin the process of arming CBSA officers and eliminating work-alone sites.

 The total funding earmarked for the Arming of CBSA officers and doubling up officers at work alone sites is $1 billion over 10 years. Ongoing annual funding totals $126.3 million. This initiative will establish an armed presence at Canadian land and marine Ports of Entry by arming and training 4,400 existing officers, including those performing enforcement functions in-land; Hire 400 new officers, who will be trained and armed, to address all work-alone situations; (when fully implemented, the total of armed officers [existing + new] will be of 4,800).

The CBSA is on track with its plans to begin arming the officers. "We are currently working with the RCMP to develop a comprehensive arming training program tailored to the duties, responsibilities and work environment of CBSA officers." Many policies will have to be developed and revised. The policies currently under discussion include, but are not limited to: the use of force and the use of sidearms; the wearing of protective and defensive equipment; the safe transportation and storage of sidearms and other defensive tools; and the reporting and investigation of use of force incidents.

"Throughout the implementation process, we are consulting with key stakeholders, including union officials," said St. John. The arming of border services officers and the elimination of work-alone sites will provide greater protection to CBSA officers at the border, and to those engaged in specialized enforcement activities within Canada. Security at the border will be increased since CBSA officers will be trained and equipped to intervene and deal with situations where they are not currently in a position to respond.

"The introduction of sidearms will provide an additional tool for officers to protect themselves, their colleagues and the travelling public. The CBSA is committed to ensuring that this initiative is implemented properly, safely, and without undue delay," said Derek Mellon, CBSA media liaison in Ottawa. 

Armed officers will be able to respond to a broader range of situations before involving police response The first group of armed officers will be in the field by August 2007. By March 2008, between 250 and 300 officers will be fully trained and carrying arms. "We are currently reviewing and examining opportunities to compress the initial estimated timeframe of the initiative," said Faith.

In addition to sidearms, Faith also discussed dealing with the longest unprotected border in the world, and was forthcoming about the improved design of the NEXUS  program. The CBSA worked with US Customs and Border Protection (US CBP) to design a program to expedite border clearance processes for low risk, pre-approved travellers into Canada and the United States.  A NEXUS card is an approved alternative to the US passport requirements.

 

St. John said the NEXUS program uses advanced technology to verify a person's identify - NEXUS Air uses iris biometrics and NEXUS Highway uses digital fingerprints to verify that the person presenting themselves for entry is the same one who has been pre-approved to enter Canada and the United States. The usual procedures still apply around declarations and duty, "except you are approved to take a faster route through customs," a Nexus route.

 

The three seperate programs:  NEXUS Air, NEXUS Highway, and NEXUS Marine have recently been amalgmated into one program - NEXUS. The Nexus system applies now on the highways, the marine entries (done via  telephone approval), and the original Nexus air service, which began in Vancouver. The cost is $80 CDN or $50 US for five years  and is open to Canadian and US citizens and permanent residents.

 

Air mode was orignally in Vancouver  and is now available at Toronto's Pearson Airport.  It will be coming soon to: Montréal-Pierre Elliott Trudeau International Airport, Ottawa Macdonald-Cartier International Airport, Edmonton International Airport, Calgary International Airport, Winnipeg International Airport, and Halifax International Airport.
 
Nexus is offered at airports where they have US pre-clearance, clearing US customs in Canada before departing to the USA. Nexus has come to be considered the best alternative to passports and everybody is agreed it will work, "It was a joint initiative so of course we consulted closely."  For more information on NEXUS, or to become a member, visit www.nexus.gc.ca

Go for the culture, stay for the wine

Chief Louis wants no more status quo

Chief Clarence Louie

Chief Clarence Louie is CEO of a busy corporation owned by Osoyoos Indian Band that has a growing concern of businesses in southern BC. The amazing thing is that these Okanagan folk started from what seemed like next-to-nothing. The chief's incredible vision and energy turned a desert into a destination resort, and it happened in the blink of an eye, or one generation.

Chief Louie accepted an invitation to speak in Edmonton at the CIBA 2006 Economic Development Conference and Tradeshow that was held October 25th. To those who are unfamiliar with Chief Louie, it may have come as a surprise the way he pulled no punches, "Do you call yourself a marcher on the Red Road? The answer is simply that you better be a worker or have a job. It's a working road, not a road where you sit on your butt. Do you call yourself a warrior? Get off welfare and pay your child support. Stand on your own two feet."

The Chief has taken a polemic position regarding First Nation problems, and his points are made to destroy the status quo. "I don't spend my time in meetings where people are talking about their inter personal philosophies, you know, where they talk about how my heart soars like an eagle. I was invited to a 'healing' conference to be a speaker. Can you imagine me speaking to a meeting of the 'misery' industry?"

No, the room of about 300-plus First Nation folk and mixed company at Edmonton's Mayfield Inn could hardly imagine that, a scant 10 minutes into his remarks; but nor were they terribly amused. Nobody was laughing.

The Chief said, "If you are going to talk about 'circles' in today's world you better add another quadrant and put a dollar sign in there."

He said that in running a business he constantly receives requests for so-called 'support', and wonders what drives the quest for support, and prevents people from simply asking for money, "Most Natives don't talk about the reality of money enough since that is what they want and money is not a bad word.

"Few of our people are making money." He said, "Most are spending underfunded government grants. I love the artists, the entertainers, and crafts people of our communities. These people I support, for they work hard." He pointed out that Osoyoos has a world class Native art gallery, "I always dig in my wallet to support them."

The chief has spent years in the business world, and said, "Get advice. All business people have advisors. We have advisors, and we sometimes take their advice and sometimes not. We search for the best decisions because we have social, cultural, and environmental responsibilities. Money is not about being a fat cat with the most toys. Money from business is for cultural, social, and recreational funding for our members."

Chief Louie has high regard for youth. "We fund all our youth at Osoyoos for recreational activities. I love sports as a way to develop character in the youth." These sports and recreational-oriented activities offer wider learning opportunities, and the chance to go on the road. "Sports and recreation allows them to get out and experience other First Nation cultures, and develop competition skills."

The other thing Osoyoos does is provide funding for Elders, "We subsidize Elders programs, and we love our Elders. We know how how hard they have worked. At Osoyoos we showcase our heritage and culture. Our golf course has Okanagan language signs, as do our other properties. Let me just say that when you are on one of our sites you know you're on First Nation property, in First Nation territory."

Returning to speaking philosophically about First Nation affairs outside of Osoyoos, he said, "We should have learned by now not to depend on federal funding. Leadership has to change its mind-set, and things that should have happened long ago will not happen overnight, just because they ought to. The leadership in a First Nation community has to develop a business climate before launching into some economic or business affair. Business runs at a different pace that has nothing to do with Band Office hours. Business is not Monday to Friday."

He said the mind-set has to change from one of spending money to one of making money. "I love bookkeepers and finance people. I love First Nation people who become accountants and bookkeepers. You have to develop financial courage, to learn that the buck has to stop somewhere. Too many Native organizations end up in deficit. Business people constantly have to confront difficult financial issues, and should be avid readers to keep up with current events, especially business news and stories that feature business successes or opportunities."

He said, "We're still learning at Osoyoos. Our education sessions are found in meetings with business people. We operate in a business climate with business principles. Our offices tell the story. Business people and investors can walk into any Band office and tell immediately if the place is ready to do business."

Chief Louie, for all his business wiles, retains a keen awareness of the struggle that First Nations people undergo. He wants awareness of that to spread as well, and to do this, Osoyoos Indian Band invited American Indian Movement leader Russell Means to speak at a recent AGM. But what did Russell Means say? Chief Louie said, “He told that audience, ‘The sad fact is that most Native people are not ready for business.’ ”

Things are different at Osoyoos and a few other First Nations, although precious few. Chief Louie said, "For all First Nations our socio-economic development is inextricably tied to the economy of our traditional territories. We should not be excluded in any way from these economics. At Osoyoos we are involved in agriculture, construction, retailing, wineries, RV parks, golf, and tourism in the greater Osoyoos Indian Band Territory, with Mount Baldy Ski Resort."

The Chief said, "INAC [Indian and Northern Affairs Canada] spends over $8 billion every year to pay for social programs, and 96 percent of the money goes directly into underfunded social service and welfare oriented programs, with only four percent of the total earmarked for economic development. They have focused on making welfare dependency a priority for Native people for the past 100 years. The difference in these percentages should be the exact opposite."

Chief Louie said, "People will not necessarily agree with me on this one, but I withhold my support for the Kelowna Accord because it is more of the 'same old, same old' social spending just like the past one hundred years. That formula has not worked. Economic development is last on the list of priorities. What province or state makes the economy the last priority?

“With Indian Affairs, economic development programs are the last to be considered. It is up to First Nations to make the economic development of their communities the number one issue. Vote in councils that concentrate on economic development." Economics is the engine that will drive community development forward. In the absence of economic power, political power is virtually non-existent.

Originally appeared in the Nov 2006 Print Edition of Native Journal Newspaper 

Bulkley River, near Ksan Historic Village, Old Hazelton, Northern British Columbia

 

Shoreline Carving Competition 1990s

Tofino's Long Beach

 

Klemtu B-Ball Team - Visiting Nanaimo for Basketball Provincials Tournament