Justice system in crisis, ‘quite frankly’, says Iacobucci

First Nations people were not surprised to learn the findings of Justice Frank Iacobucci’s report entitled “First Nations Representation on Ontario Juries.”

The report, released on Feb. 26, stated bluntly that, “the justice system generally as applied to First Nations peoples, particularly in the North, is quite frankly in a crisis.”

Iacobucci said that while his mandate did not extend to examining or making recommendations on the reform of the justice system or for improvements of First Nations socio-economic programs, these matters were of much relevance to the issue in question and should not be ignored.

In 2011, the retired Supreme Court Justice was appointed as an Independent Reviewer by the Ontario government to look at why First Nations people were not represented on juries, and to provide recommendations on strategies for inclusion.

Iacobucci’s review took him to 32 First Nations communities where he met with community members, Elders, service-providers and leadership. First Nations organizations and Aboriginal Legal Services of Toronto were also included in the engagement process.

Systemic issues, said Iacobucci in his report, are at the heart of what he referred to as “the current dysfunctional relationship between Ontario’s justice system and Aboriginal peoples in this province.” He cited overrepresentation in the prison population and underrepresentation not just on juries, but in jobs in the justice system.

The review found First Nations people reluctant to participate in the jury process for a number of reasons, including the systemic discrimination experienced by them. This has led to an overall mistrust of the justice system making them adverse to participating in a system that works against them.

Iacobucci also acknowledged a divide between traditional First Nations values and the Canadian justice system values in dealing with conflict resolution and offences.

In the engagement process, First Nations leaders expressed the need to assume more control of community justice matters as an element of their inherent right to self-government. They spoke about their past experience in developing and delivering culturally-appropriate approaches to justice, but as with many programs that achieve a measure of success, funding was discontinued.

Lack of knowledge and awareness of the jury system was also identified as one of the reasons for non-participation.

The report contains 17 recommendations, including the establishment by the Ministry of the Attorney General of two committees comprised of First Nations and government members—an Implementation Committee to oversee the implementation of the report’s recommendations, and an Advisory Committee to the Attorney General on matters affecting First Nations people and the justice system. These committees should not be merely window dressing, cautioned Iacobucci, but should signal a change in the ministry’s commitment to improve the situation facing First Nations people.

A statement released by Ontario Regional Chief Stan Beardy made it clear that First Nations expect the provincial government to act quickly to address the flaws in the justice system and to work directly with First Nations to implement the recommendations in Iacobucci’s report.