Justice system is failing Native people miserably

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The justice system is failing Native people. It always has and unless co-operation changes are made, it always will.

One doesn't have to look too hard to find evidence that points to the truth of this. A 1988 Statistics Canada report stated Native inmates made up 11 per cent o the population in federal prisons while Native people collectively comprised only three per cent of the national population.

In provincial institutions where inmates serve up to two years less a day, aboriginal people made up 18 per cent of the prison population across Canada in 1987-88.

In the last two years we have seen three major Native justice inquiries. The most damning evidence of all comes from the Marshall Commission, which stated racism was inherent in every step of the process that jailed a Micmac for 11 years for a murder he didn't commit.

As the old saying in Indian country goes - there's justice and there's just-us.

Again, those item that rate highest on an Indian list of wants, such as a separate Native justice system, confront the most stringent government opposition. However, something is terribly amiss in the way the legal system administers to the Indians. Sufficiently so, the change needs to be expedited despite the adversity.

First, you have to destroy the mythology. In this case the primary myth is that by granting a separate system for Native people, the country becomes obligated to grant the same to every other ethnic group. Opponents claim such a move amounts to nothing less than a gross inequality. They fail to appreciate that the disproportionately high number of Native inmates itself points to a gross inequality.

Still they claim Section 15 of the Constitution anchors equality under the law for everyone. What the holders of this view seem to forget is that Native people are the only ethnic group in the country that has distinct rights and status, as first nations of Canada, not shared by other groups. These rights are recognized by Section 35 of the same Constitution.

Ordinary Canadians along with judges, lawyers and politicians fall victim to the same misinformation. The fact is, there is a constitutional basis for a separate aboriginal justice system.

Secondly, the myth that Native peoples want only a totally separate system of justice has to be removed. It's somehow a typical media and government response that only the most extreme scenarios become focal points. Native people are more than eager to work co-operatively with government within the framework of the existing legal system to enact changes which will help their communities.

There are many models to work with . From band administered courts to Native circuit judges to legal codes based on traditional approaches to community based corrections, the alternatives are workable and practical. This is what Native peoples are really saying. To become a part of as opposed to apart from.

Thirdly, the myth that aboriginal justice reviews have been conducted in the past and are therefore ineffective has to be destroyed.

Frankly though, aboriginal justice reviews have been a part of the process since 1973 and to call them reviews is accurate because they serve only to review what the previous commission or inquiry uncovered, explored and ignored.

What's needed is listening, real listening, to what the Indians themselves have to say.

Because the legacy of the deluge of reviews, inquiries and commissions is a dearth of statistics, information and opinion that can be used to formulate a workable Native legal approach.

Yet another cross-country tour will not accomplish as much as an earnest exploration of the previous results. Hence the next aboriginal review should be a focused sit-down affair with Native people supplying the direction, focus, and approach.

The current justice system is failing Native people and failing them miserably.

The United nations' recent condemnation of Canada's human rights record failed to mention this aspect but the incarceraion and recidivism rate amongst the founding peoples of this country should stand as a mark of shame to those enlightened enough to examine it.

The Indians seek simply to be a part of. They are not, contrary to popular opinion, seeking a separate place in the scheme of things. They are merely pursuing a workable alternative to protect, sustain and define that place within the nation state of Canada. A restructured justice system which takes into consideration the overwhelming mitigating factors surrounding the lives of Native people is a simple enough request given the lessons of the past summer.

Addressing the Indian people's need for equitable treatment in all phases of the justice system would go a long way toward preventing a repeat of that situation.

Eagle Feathers - to Native Counseling Services for their work with Native people entangled in the legal jungle.