IAA demands major changes to justice system

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The Indian Association of Alberta wants the province to appoint a super boss to help the government transfer criminal justice powers - police, courts, parole - to Alberta's First Nations.

The IAA recommends the appointee - to be called the Chief Advocate for the Office For First Nations Justice Services - have the power of a deputy minister.

The IAA told the provincial task force hearing on the criminal justice system and its impact on Indians and Metis, the chief advocate's job should be set up to help implement criminal justice changes that would give Natives a large measure of control.

Major changes are needed because in the 12 years since the last provincial study on Native justice - the Justice Kirby report - "the situation for Native peoples has not shown great improvement and may have worsened."

Arguing that treaties guaranteed Indians control of peace and order on reserves, the IAA says justice is still meted out using laws Natives had "no role" in developing and which don't take into account aboriginal culture.

"There is no sense among First Nations that the criminal justice system is our institution," says the IAA. "It is someone else's which is imposed on First Nations."

Claiming the treaties gave First Nations "a right and a responsibility to participate in the criminal justice system," the task force chaired by Mr. Justice R.A. Cawsey, was told "this fundamental right .... has been usurped and ignored."

Cutting a recent province wide survey it did, the IAA says "we believe the criminal justice system has all too often ill-served treaty Indian people.... the majority of Indian people do not have confidence in the criminal justice system."

However, Indians don't want total control. A First Nations justice system "does not necessarily mean formation of a separate unrelated justice system," says the IAA, but is something that could work on reserves and in concert with existing laws.

Justice Cawsey, noting most crimes involving Natives occurred off reserve, asked what jurisdiction limitations Natives wanted.

The question of off-reserve crime was practically skirted by the IAA leaders, who, however, felt Indian law should apply to anyone - Native and non-Native - on reserve.

Tony Mandamin, IAA lawyer, told the task force treaty rights as reinforced by recent Supreme Court rulings, should apply on such questions as hunting and fishing rights.

Natives living off reserve would likely be subject to provincial law, he added, but should include special consideration and Native input because of cultural difference.

Because of recent national political, legal and constitutional changes affecting First Nations, the IAA says there is no single "all-embracing" justice system change that would suit all bands.

Instead it recommends a "flexible and adaptable framework" that could include a First Nations criminal justice system that includes Native peacekeeping and tribal courts with the power to sentence.

The task force's next hearing - at some as yet undecided date - will hear a brief from the Metis Nation of Alberta.