New court employs Aboriginal traditions

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Justice took a new path when First Nation traditionalists, an Aboriginal judge and the provincial court joined in partnership to open a new court on the Tsuu T'ina Nation on Oct. 15.

Harley Crowchild and Rodney Big Crow were inducted as peacekeepers in a ceremony to open a Tsuu T'ina provincial court. Appointed to the provincial court was L.S. "Tony" Mandamin, an Ojibway from Ontario.

"For centuries [First Nations] had a way of dealing with problem kids or people," Crowchild said. "The Elders used to put the people in the middle of circle and talk to them and lecture them."

He said the new peacekeepers and court will employ similar traditional methods of involving the community and the Elders to resolve disputes and find appropriate sentences for offenders.

"There's quite a few people in Alberta that are using that concept now," Crowchild said. He said non-Aboriginal communities are using traditional

First Nation methods of administering justice as well.

Crowchild hopes incorporating First Nation tradition into the court system will inspire the revival of other aspects of Tsuu T'ina culture within the community. However, Crowchild realizes it will involve re-educating people about their culture and language, which is in danger of dying. He hopes the younger generation will keep it alive.

"They didn't go through the boarding school system where they have this thinking the Indian way is the evil way," Crowchild said. "Some of the people who went through boarding school have that concept."

Chief Roy Whitney also believes that bringing Tsuu T'ina traditions into the court system will keep the culture alive.

"From the world view of Native people it will give greater confidence in the system," he said. "I'm sure it will instill hope in our people."

He believes the court will find different solutions to problems other than sending offenders to jail.

"That [jail] isn't going to help anyone," Whitney said.

Dave Hancock, Alberta's minister of Justice, said the court returns the responsibility for justice back to the community where it belongs.

"Justice is more than just the courts. It's the community being involved in it," Hancock said. "This is a very good initiative to help achieve that."

Hancock said the credit for establishing the partnership between the provincial court and Aboriginal traditions goes to the Tsuu T'ina Nation for taking the initiative and presenting a proposal to his predecessor.

"There are different concepts of justice," Hancock said. "The traditional [provincial] court system provides an adjudicator role and the traditional First Nation process involves more of a community involvement and healing circle process."

Hancock said the court joins the two systems in a very unique way. However, should there be any conflict between traditional First Nation and provincial views of justice, the provincial court will take precedence.

"In this particular model Judge Mandamin is a member of the provincial court of Alberta operating that court on the Tsuu T'ina First Nation," Hancock said. "It's part of the normal court process. It's not a separate court. It's part of the provincial court."

Judge Mandamin, from the Wikwemikong First Nation in Ontario, has been a member of the Alberta Law Society since 1983. He said that, although he feels honored to be involved in bringing an Aboriginal perspective into the provincial system, he's still sworn to serve the interests of the provincial court.

"In taking the oath I'm undertaking to strive on behalf of the court."

The court will not begin proceedings until early 2000 and, until a new courthouse has been built, will convene in the Tsuu T'ina Nation council chambers.