In January 1994, Peace Brigades International (PBI) provided an international team of observers to the Innu village of Davis Inlet after a judge and his Royal mounted Canadian Police (RMCP) escort had been forcibly evicted from the village. PBI's presence was requested by Innu Nation because of a fear that the RCMP would return without the community's agreement and a violent confrontation would occur. Later, in September of the same year, PBI was again requested for a similar team. Davis Inlet was still refusing to allow the court to sit, and the Minister of Justice of the province of Newfoundland had prepared to send an armed RCMP escort to forcibly resume court sessions. 1. Preface
The key issue in these confrontations was the question of justice. Katie Rich was the chief of Davis Inlet and later convicted of contempt of court for her role in evicting the judge. According to her, his work of administering Canadian law in Davis Inlet was causing more harm than good, and therefore could not be just. On the other hand, authorities said that they had no choice - that all Canadians must be subject to the same rule of law. In Katie's court case, the crown argued that the Innu were Canadian citizens, subject to Canadian Law, and that there should be no special treatment.
In April of this year, a third PBI team returned to Labrador to witness in more depth the impact of the Canadian justice system on the Innu. Anne Harrison (from Britain) and Muriel Meric (from France) spent about six weeks in Sheshatshit, a week in Goose Bay, a few days in Davis Inlet, and a few days in St. John's, conducting over 50 interviews with Innu leaders and community members, and government and other officials. They attended a meeting of the task force which is looking into the judicial system, and a meeting between Innu leaders and Chief Judge Luther. They also spent three weeks in the bush with an Innu family.
This report presents what the team learned, and is intended as a contribution to the process of resolution, as well as an acknowledgment to the many people who spoke to us. We do not claim to be legal experts. Our motivation comes from seeking to "create a space for peace" - a nonviolent resolution of conflicts. In the case of conflicts of this kind, one of the largest barriers seems to be a lack of awareness by the general public and absence of meaningful discussion, so this report is intended to be accessible to anyone who is interested and concerned.
Organization of the Report
In the first part of the report, we try to give the reader a sense of what life has been like for the Innu during the process of changing from a society of nomadic hunter-gatherers to a settled village community - from a society well-adapted to the environment and world around them, to a frustrating experience of powerlessness, and dependency. The experience has predominantly been one of loss, pain and angerIn the second part, we focus specifically on the justice system itself, and the ways that it contributes to this sense of violation. It is difficult for a non-Innu to appreciate this, but one way we have tried to understand this is by observing how the values inherent in Innu traditional life and have been ignored, contradicted, or actively opposed by their settlement environment. For a more in depth exploration of the question of conflict of values, we would recommend the references listed at the end of this report (not to mention, they have more pictures).
The justice system is made up of various parts, not always coherent with each other, and involving different people. For the purpose of this report, we view the justice system made up of the following elements:
- authority and power
- enforcement and policing
- judgement - the court system
- prisons, punishment, healing
For each of these sections, we have recorded quotations that explore these issues. We have sorted them into:
- stories and experiences
- reflections
- generalizations and conclusions
- solutions, ideas, visions, work in progress
Of course, the boundaries between these different parts are fluid, and each stage impacts on the others. We hope that by presenting this overview, the reader can get a sense of the alienation experienced by Innu in the Canadian justice system, as well as a respect for the work being carried out in many areas, by both Innu and non-Innu, to address it.
Identification
We are grateful to the many people who spoke to us about these issues. Some people we asked specifically for interviews because of their work or experiences, others offered their stories and thoughts of their own initiative. We thank all of you for the time you put aside to help us understand.Some of the people interviewed did not wish to be identified by name in this report. The policy we have followed is to only identify people who we interviewed in an official capacity, and that agreed to be identified. These people are listed below with their employer for reference. Others are identified only by their job, or by whether or not they are Innu. The purpose of this identification is not to prejudge their comments, but to acknowledge their interests, involvement, and responsibilities.
Most of the people we spoke with were from Sheshatshit, and the results of this report reflect that experience. Nevertheless, we hope that many of the same observations and conclusions are also applicable to Davis Inlet (Utshimassits).
People who are identified in this document:
Linda Anderson Labrador Legal Services
Lyla Andrew, Innu Nation Healing Services
Sharron Callahan, Youth Corrections
Harold Fewer, Correctional Centre
Dougal Gillis, Legal Aid lawyer
George Gregoire, Innu Nation
Ray Hawco, NFLD Government
Ed Hayden, Social Services
John Henderson, RCMP
Bart Jack Sr., Innu Nation
Gary Jay, RCMP
Paul Ludlow/Wanda Peny, Youth Corrections
Hilda Lyall, Labrador Legal Services
Marvin McNutt, Adult Correction and Victim Services
Bill Mooney, RCMP
Jack Penashue, Innu Health Commission
Katie Rich, Davis Inlet Chief
Ed Ring, Director of Federal Policing Services
Susan Sparkes, Correctional Centre
Simeo Tshakapesh, Davis Inlet Tribal Police
There is a common perspective that the Innus' problems are their own fault, because it was their choice to settle on the coast and become involved with the rest of Canada. This was demonstrated, for example, during the trial of Katie Rich, Justine Noah and Nympha Byrne, in April 1995. They were on trial for forcing the departure of a judge from Davis Inlet and were defending their actions by asserting their rights to sovereignty. The crown attorney's response was to ask them if they all had passports and had signed documents for their social security, etc. 2. Context
The references at the end of this report show that this perspective is incomplete, at best. Here is a quote from Henriksen (reference 3.):
The Hudson Bay Company, however, wished to extend its business northwards and into the interior where some thought that the Indians were living "in great plenty, not one in twenty of whom ever troubled to visit a European trading post" (Williams, 1963:XXXV). It was believed that by their usual method, they would be able to reach and exploit these Indians. Thus, Captain Coats writes in the middle of the eighteenth century, "those few that have frequented the settlements, begin to like our commodities better; their women like our nicknacks, and guegaws, and the men begin to love brandy, bread, and tobacco, so that a little address and management will bring these happy drones out of their profound lethargy" (op. cit.: XXXV).
Henriksen also notes that the Hudson Bay Company failed in their attempt, and the Innu "retained much their independence of the white man since they lived in such a marginal environment with regard to fur-bearing animals. ... The Naskapi [Mushuau Innu] continued their nomadic existence as caribou hunters in the interior of northern Labrador until approximately 1916, when the great caribou herds passing through Indian House Lake changed their migration route. This caused hunger and near starvation for the expectant Indians. The Indians then moved to the coast to seek help from the stores operated by the Hudson Bay Company".
Henriksen documents many ways that white individuals and institutions have sought and gradually gained power over the Innu, by exploiting a combination of their technological and economic power and the ill-adaptation of Innu society to white intrusion and settlement life (e.g. alcohol, political structures, etc.). With this history in mind, an insistence on this "free choice" aspect of the Innu problems can be seen as either ignorance, blindness, or, where this history is known, political manipulation.
The Innu Experience of Settlement
Loss, pain and anger. Injustice. Conflict of values. Alcohol, school, religion, elders.`After people settled in the community [Sheshatshit], alcohol increased, people drank home brew every day, then people started to go to Goose Bay and things got worse. At first young people did not drink until they would become adults, but with some friends we started earlier and I became an alcoholic. I always wondered why Innu could not drink like white people, just a couple of beers and then stop. Maybe the stress or something. No hope, no future. I never liked the taste of beer but I liked to drink. I look back on a lot of things and can see they were damaging but I did not know at the time. Elders knew, they felt something was wrong. My father told me that school would not teach you anything, but if you learn our way of life you can use it in the future. I did not know what to say. I thought he was wrong. If we went to school we would get jobs, everything. I would feel ashamed of speaking my own language in front of white people, other young people felt the same.'
`I went away to school when I was 13 years old. I hated being an Innu because I was the only one in my class with dark skin and black hair, and wearing funny clothes. I was there 3 years, but I never spoke. But I listened well and learnt. I hated myself as an Innu, I wanted to be white, but however much make-up I wore, it didn't look right. I realized I couldn't be white, I had to accept I was Innu and that meant being a drunk, and I went through the same routine as everyone else.'
`The church told me there were no spirits, the drum was not good. They told us we would go to hell. I don't know if it is true or not. My belief in church and spirits is very important. I truly believe in Innu spirituality. At the same time I believe in the Church. An elder told me that when Innu are living on the earth, God is not looking after us, but the outside Spirit is looking after us. When we die then it is God's turn.'
`We were forced to stay in Sheshatshit by the non-Innu priest. It is very foreign to us. It would have been happier for the Innu if we had stayed in Nutshimit. We would have still been there now.'
`The priest that came to the community told our people that what we were doing was evil. That created fear in our elders and they still regard the Catholic church as being more powerful than their own religion. I reject the Catholic religion completely. I believe that our people had our own religion.'
`When I was young I was forced by the priest to go to school and my parents did not dare to oppose the priest. This is to show how much control they had. So now my son doesn't speak English and has never been to school. I won't force him. He knows a lot about the country and can survive there.'
`We governed ourselves before, had our own laws, and elders taught the children. We had our own rituals and religions. The missionaries came and stopped us playing the drum. When you are told that the things your parents taught you are wrong, it's a collision of cultures. That's what I experienced.'
`In the country, there would be only two families living together. The community is overcrowded here. Children's schooling is the reason for people to be here. We used to teach our own children. We are stuck here because of the school.'
`At school there are too many white people and not enough Innu. Too much white stuff is been learnt. My kids think "I am not Innu any more I am just white." '
`By not providing us with the education our children need, by not providing us with the opportunity to make our own decisions, I was taught to be a white person, not an Innu. That's still the same in school. We still cannot make decisions for our children, on what is an appropriate curriculum to be taught in our school.'
`I don't consider myself as Innu like my father and the elders. I had to go to school. I followed the white education system. All agencies are white and we obey them. Even the Innu Nation's funding is from the white government.'
`All agencies in the community are controlled by outside forces. Threats to reduce welfare payments forced us to send our kids to school.'
`Social Services tried to help my sister, being supportive to my sister. My sister just wanted help but Social Services had to report. So today she hates Social Services.'
`My people are always being pushed around. We're like puppets to the government.'
`I worried so much since the government changed us. I cannot sleep here, I always think of my family, what they are doing, are they drinking? My mother did not worry so much. It was not hard for her to sleep at night.'
`We got money for the outpost program and people started to take planes to go to the country. It made things worse as people are now dependent on planes... Young people will find it hard to carry canoes and supplies. It is hard, but you get used to it. We should teach the trails, summer trails, to reopen the trails or they will be lost. Skidoos have damaged our culture. I have had one for 15 years. I can use snow shoes, but I take my skidoo, then I walk. Then I worry about how far away my skidoo is, I don't want to leave it. When I walked I used not to worry how far I had gone. I am not too lazy to walk but it is nice to think the skidoo is near by.'
`John Poker was sad when he looked at young people, he said they were not Innu any more. He was worried that young people would end up like white people and lose their culture. I miss him a lot. He would say "I have everything in my hand, if I let it go it is lost." '
`It is so frightening to think that our elders are dying off so quickly. Just a couple of months ago, a couple of our elders died and that knowledge that they had is lost for ever. We've got so few of them. Unless we do something really fast it will all be gone.'
`There were so many things that needed to be done. We were too busy getting drunk and we stopped talking to our elders, and they stopped talking to us. One of the best things that ever happened even though our elders were drinking, and our parents were drinking, was that they never signed the land away.'
`We should have looked after our spirits first, not our houses or roads. That's the biggest mistake we made in this community. Why did we need houses or roads or Innu Nation office? We should have been looking after ourselves, finding out who we were. But we thought it was more important to have a nice home. In the last few years things are improving, but it is as if we have come out of a battle. We are like people who came back from Vietnam. Living in the community has had a traumatic effect on us. Innu values haven't been respected. What is Innu worth? I don't think we are of any less worth than when we came out of the country.'
`Before I die I want to teach all I know by going to the bush with the youngsters all the time before they go to school or start working, to make them learn from the bush. Because if I and they only live here, their heads will only be full of white stuff and everything will be lost. The mother and the father in our culture are the teachers kids learn from. I am afraid that if we lose our culture the next generation might have accidents in the bush because they will know nothing of the bush.'
`The land is like our grandmother. When a child is hurting, you just hold it. That's how I feel about the land. We just go out and are there with the land. When the people are hurting I want to be able to be there with them too.'
Innu experience of crime before settlement. The overall impact of the justice system on Innu life, and why this is so. 3. The Innu and the Canadian Justice System
`Before, people weren't all living together, they went their separate way in the country. We didn't see problems like crime. But since we lived in houses here, there is a larger amount of crime.' - Innu Elder
`There was no such thing as crime in the country. Now young people go to school and I blame school for what has happened to kids. The kids don't learn anything from their parents. They break into houses.' - Innu Elder
`I am very disappointed with community life. In my days when I first learned Innu ways of life, I helped my elders cutting wood, fetching water. These kids in the community don't respect elders, they don't help or care and they break the law.' - Innu Elder
`In the past, young people didn't seem to have problems with crime, but in Sheshatshit, crime is committed by young people. I don't know where it comes from, maybe violence on TV. The news shows violence in other countries. There wasn't TV or radio in Nutshimit (the country) but since living in the community, everything is changing.' - Innu Elder
`If there was a serious offense, like a sexual offense, no-one would talk about it, but the children would be given for adoption to be protected from the offender. But now when a child discloses, everyone knows about it, and the victim looks bad and feels alone. Many elderly people had the same thing happen to them in their youth but didn't make disclosures. Have you heard anyone talking about it? No.' - Innu Elder
`For so many years I had disliked the RCMP, the jail, the court. Before we had lived many years without anyone being taken away. People just worked on their problems together.' - Innu
`Before we ever saw a RCMP or a jail or a court I remember the elders would sit down and listen and just say something like "I want to help you". They just talked to each other for help. After you had talked to them you were given a job: collecting wood, berries, boughs, or to go hunting. It makes you feel better that your parents ask you to do something. You are happy to help, you know the matter is finished/over as you do something to be forgiven.' - Innu
`Elders who are now settled in Sheshatshit said the victim was sent away and matters were only spoken about once. However, elders who are now settled in Davis Inlet would say that the family or member who committed a "crime" was ostracized for a certain period.' - Non-Innu
`I feel that the white system does not help either the victim or the offender in cases of assault, as this system only produces a loser and a winner.' - Innu
`Everything has to be signed. In our culture we don't sign anything. I don't understand your system, your policies.' - Innu
`I'm sure that most of the elders knew how to deal with a person who did something wrong. For example if a husband abused his wife in the old days a whole bunch of women would come together and confront the man. These sort of things, interventions, had an important role in how to deal with men who abused their wives and children. There were some cases where the children would be taken away from a family where they were being abused. A lot of the skills that our people had, to deal with things like abuse, have a role to play in the court system. There are cases that we think should go to court, as long as we have a say. That's the main thing.' - Katie Rich
`The problems of drugs and alcohol are modern problems. There were family breakdowns in the old days, but the consequences are worse now because of these modern problems.' - Jack Penashue, Director of Innu Health Commission
`I think sexual offenses, for example are a symptom of the problems of the community, rather than of different values. In the country, people don't get into trouble, not because there are no police to report crimes to, but because there is no alcohol. In the community, everyone is on welfare, and unemployed. Everything is provided for people, they have no pride, their self-esteem is gone. In the country, people are constantly active, providing for their family, and money has no value.' - Dougal Gillis, Legal Aid lawyer
`Innu have always been nomadic people and never had infrastructures. Therefore they have to go through an evolutionary process to have the basic systems functioning. It is difficult for the leaders to implement this, as they are in charge of practical as well as political issues.' - Ray Hawco, Federal government
`The impact of the Canadian judicial system is significant because only a generation ago, Innu were living in tents. They've come a long way in a short time. I have clients in their 40's who were born in the country. The concept of the justice system is new to the Innu. 40 years ago, Innu didn't have the wheel, now they are driving trucks and watching TV.' - Dougal Gillis, Legal Aid lawyer
`I believe Innu people are unique. Their culture, heritage, and background require governments to look at them very carefully. They have unique needs.' - Ed Ring, Federal Policing Services
`Similarities between Innu and white communities with problems are superficial. This is because the context that the problems exist in are totally different, and therefore the solutions are different.' - Lyla Andrews, Innu Nation
Power and Authority
The system as a whole, who's laws, who's system. Many of the Innu spoke about the system as a whole and its origins, and challenged its authority. No one is proposing a completely independent system of justice for Innu, but everyone recognized that some changes need to be made. Sometimes the system's more visible agents (e.g. RCMP, lawyers), are confused with those who actually have responsibility (politicians, the rest of Canada). Power issues are also important within the community.`It is difficult to accept the law of Canada when you do not believe in it. I would prefer to be judged by my peers. The foreign system makes me uncomfortable. It is a system which has been brought from England. It is alien to Innu. Innu society does not believe in punishment. The white system punishes you for making mistakes in your life, and I think it is unfair.' - Innu
`People have been brainwashed to see the white system as the only system. But as Innu we have responsibility to make changes. I believe that we should control our own destiny and that the Social Services or the RCMP have no right to impose their laws and come into the community. These agencies have already done lots of harm.' - Innu
`The Canadian judicial system has failed the Innu. The European colonizers set up institutions and laws which came from a foreign European perspective. They didn't consider the economic, cultural or social needs. They set up an adversarial system with officials from outside the area, non-Innu. They chose to implement a system designed by and for Europeans, and developed over many years in the European system based on old traditions, which are conservative. This was planted in the heart of Innu land. The cultural clash produces outbreaks of chaos which are dealt with in the Canadian system.' - Peter Penashue, Innu Nation President
`In the community there are people with different views. Issues and priorities are different. Land claims are not important for everyone. There is lots of pressure for this by the leaders. People would rather see health and social issues dealt with before anything else... The community does not respond to issues with one voice but leaders want the community to be seen that way.' - Innu
`The justice system took a lot of ownership away from the Innu. We imposed a system almost completely alien to them. Our justice system is adversarial. We believe in punishment. We tend to put everything in sections, meaning we look at all actors in a crime separately. Therefore we look at the victim as an entity then at the offender as another entity. Our system fails to see crime as a whole. Their perception is an holistic view, they want to heal all the community. We disrupted their life. Our system wants to be seen as impersonal and in doing that it has lost is human side.' - Marvin McNutt, Adult Correction and Victim Services
`Aboriginals want their own justice system... The Canadian Justice department has recognized and accepted this. Maybe it's not right, but they recognized that aboriginal people need to protect their own values.' - Provincial Court Judge
`Police, justice, court, all agencies from outside, leave Innu powerless.' - Ed Hayden Social Services
`Nowadays the system is very protective. Judges, Crown Prosecutors, RCMP, are afraid to make decisions. Everybody covers themselves by passing the responsibility to their superiors. Nothing is done for the good of the family. A trial is an indelible mark on the marriage and family.' - Non-Innu
`Innu have very special, unique issues, and their goals are different, e.g. sovereignty. Innu want their own laws, their own ways of justice, their own way of dealing with child welfare and distribution of money. It is a big challenge.' - Ed Hayden, Social Services
`When people go to court, the amount of support they get depends on who they are.' - Innu
`I feel that depending on to whom you are related, you get better treatment.' - Innu
`If your relatives are from the elite, the best lawyers are provided for you by Innu Nation and you do not go to jail.' - Non-Innu
`Innu leaders sabotage the court process by refusing to interpret in cases where there is a chance of the person being sent to jail. If they were refusing to interpret in all cases it will be understandable as a tool to get their point across. But they only use this tactic for influential families.' - Non-Innu
`White education has empowered the leadership, but somehow they don't seem to want to empower other people.' - Provincial Court Judge
`I think we should have our own system, be in control of our own life, making the decisions.' - Innu
`What we have at present isn't working, and it's even making things worse. People have to take control, like at Davis Inlet.' - Dougal Gillis, Legal Aid lawyer
`Exciting things are happening in the rest of the country with aboriginal justice initiatives, and I am prepared to implement workable ideas that are in keeping with the criminal law.' - Chief Judge Luther
`I am convinced that the justice system in Labrador is not only failing the Innu People but also the white people. For example, it covers up violations of common law when military men are involved. The justice system also fails us by not providing healing.' - Non-Innu
`As long as that the alternative system is fair and impartial I go for it, but people think that an alternative system might favour the leadership. ... Even in white society the system we use is not impartial. If you have the money or hold an influential position you might get off.' - Marvin McNutt, Adult Corrections and Victim Services
`Aboriginal people should run their own programs, they should be in charge of agencies.' - Youth Corrections
`People in the Justice Department are starting to think of how the justice system is perceived by Aboriginal people. There is more openness, they talk, consult before making any decisions. They are more willing to listen.' - Linda Anderson Labrador Legal Services
`Davis Inlet doesn't have the infrastructure, resources or leadership to put in what they need: housing; education; value systems. They have to get rid of the alcohol and gas sniffing... Innu need self determination, self-government and meaningful work, these are the keys.' - Provincial court judge
`It is absolutely essential to have a different system. The current system does not work well, it does not empower the Innu to make decision over their lives and the lives of their children. They need to be the decision makers. ...So far those who make the decisions are people from outside Innu culture. But Innu need to have this power.' - Ed Heyden, Social Services
`I feel that the community needs first to heal itself, i.e. talk openly about housing, social problems, how the money is used, and to narrow the inequalities among the population. Only then can land claims and justice issues be talked about.' - Innu
Enforcement and Policing
Relations with RCMP, need for policing, reporting. Role of Social Services in enforcement. Experience of Davis Inlet without RCMP.`I hate it when the RCMP come, sometimes in the middle of the night. It feels like my home is not my own.' - Innu
`I remember when the RCMP first came to Sheshatshit around 1950, by boat from Goose Bay as there was no road at that time. People were really scared of them. We thought they controlled everything, they were telling us what we should do. When they came we were still living in tents... As people thought the RCMP could do anything, they were even afraid to hunt.' - Innu
`The Innu and the RCMP have always been able to talk.' - John Henderson, RCMP
`I was really worried when the RCMP were not here [in Davis Inlet], worried that something serious would happen in the community.' - Innu Elder
`The police never policed Davis Inlet. They only came in to take people away.' - Non-Innu
`In Davis, agencies have destroyed our Innu nation.' - Katie Rich
`I would like to see Social Services and Healing Services getting together. Sometimes I feel so alone. I know they don't like to report but sometimes there is no other choice.' - Innu
`The charge against me didn't come from the victim, but from social services. I think the victim had been threatened with getting into trouble if they didn't take me to court. The victim didn't want to go to court.' - Innu
`It is very hard to report your own people, but what can you do. If you don't report, they continue the abuse.' - Innu
`In cases of sexual assault no outsider should intervene and matters should be dealt with inside the family, with the help of elders. I am not keen on reporting people.' - Innu
`The tribal police were not looking for powers to arrest people. Their main goal was prevention. Peacekeepers need to be able to mediate in petty crimes... The Peacekeepers didn't want police powers, they don't have the facilities to arrest people... In the beginning when the tribal police were arresting and detaining people, there were problems. The families of arrestees sometimes interfered with the justice process. RCMP are outsiders and can't be directly influenced by the community.' - Bart Jack Sr., Innu Nation
`I feel the RCMP were criticised unfairly in Davis. For example. people used to say that we should stop the kids sniffing gas, but that isn't our job.' - John Henderson, RCMP
`I feel there is a mutual respect and understanding between the RCMP and the Innu. I think the Innu trust that the RCMP won't do anything stupid.' - Bill Mooney, RCMP
`The authorities said we were losing control, but nothing out of the ordinary happened when the police were not there, no extra crime.' - Bart Jack Sr., Innu Nation
`When the court and RCMP were not permitted in Davis Inlet, I was concerned about the safety of the community. I don't believe that to use such a drastic measure as throwing out the court of the community helped. I am convinced that they could achieve the same results from good will and dialogue.' - Ed Ring, Director of Federal Policing Services
`I think the chief kicked out the judge to save some of the young people from jail. I am disappointed with what happened as I did not see the judge breaking any law, Innu or white. If the judge had done something against the community it would have been right to throw him out.' - Innu Elder
`If we had asked the judge to send someone to a treatment centre, he wouldn't have taken our advice. They really needed a shake up... I think as long as Innu people have a say in what goes on, they are more willing to accept the courts and work to make the changes they would like to see happen.' - Katie Rich
`I was surprised by one thing. Since the RCMP and the courts were kicked out, there have been less suicide attempts. I don't know why that is. It has a lot to do with the justice system. There are a lot of issues for suicidal people, young people who have been abused, lots of dysfunctional families. These issues hunt people down. Memories come up and people think of suicide. I know because I grew up in the same environment. It is very traumatic growing up in Davis.' - Simeo Tshakapesh
`Most kids will disclose, but don't want it to be reported. They want the abuse to stop and they want support, they want to share. But Social Services mandate is to report. Then it is out of everyone else's hands except the police. My question is "Why don't you talk to the kids some more before reporting the assault ?" So far they report disclosure straight away. The manager says what goes.' - Innu
`The legal aspect is that we deal with people aged 16 or under, under the Child Welfare Act, and if we are aware of a child being abused we have to report it, we do not have a choice. We can't decide that the matter will be looked into by the family itself. We share the information with the police which does the criminal investigation to look at evidence of the crime. We will work with the family, and our concern will be "is the child protected or in need of protection".' - Ed Hayden, Social Services
`Some victims turn their anger towards Social Services because of reporting even when they were the one to decide on reporting. They turn against Social Services because of the hard time they have through the system and in the community.' - Innu
`Policing is an issue with a lot of different views. Some people in Davis were very supportive of the police. Other people wanted to have completely Innu control... Some people doubted whether we would ever have an agreement, and started asking the RCMP what was happening. The tribal police were anxious to get an agreement and we think the police exploited this... To summarise, we wanted 100 yards and we got 90.' - Bart Jack Sr., Innu Nation
`It works well at the moment... there is an effort on both sides to make it work. The police are more welcome as it is really what the community wants.' - Ed Ring, Director of Federal Policing Services
`Our policy towards Innu, Aboriginal people, is to believe in their uniqueness. The closeness of the community allows us to take this holistic approach. We recognise and accept this community approach. We recognise Aboriginals have rights which have existed previous to settlement, and continue to exist. The exact nature of those rights are being interpreted by the court. Those rights are above the law.' - Gary Jay, RCMP
`When we interview the child we make sure that it is done in coordination with the social worker and the police and the interview only take place once. As we find the facts s/he might be asked over and over the same questions by different agencies, an abusing process. It is already humiliating enough to say what has happened once.' - Ed Hayden, Social services
`Our biggest strengths are the front line workers who are Innu women. ...We hire local workers to work on issues such as child welfare and youth correction and at the same time we stay within our legal responsibility... It is not a matter of being well trained. Innu in their community can do the best job. Cross cultural counselling is difficult. Counselling means supporting, listening, working with the family.' - Ed Hayden, Social Services
`The general philosophy of the youth corrections department is that Innu kids have different needs because of different culture and Innu staff should run the facility.' - Youth Corrections
`The policing agreement states that there will be an attempt to solve problems within the community, without involving the courts.'
`The Innu community appears to have taken more ownership over justice issues. They haven't completely eliminated the Canadian justice system, but it isn't appropriate for them in some circumstances.' - Gary Jay, RCMP
`The RCMP are more sensitive. The tribal police are working with them.' - Simeo Tshakapesh, Tribal Police
`We are hoping for a move towards a 'stand alone' policy, with the Supernumeraries in charge of their community policing, with training provided by the RCMP.' - Inspector John Henderson, RCMP
`We are not fully satisfied. We were not forced to sign it and to some extent we got something out of it. Now four tribal officers get federal funding and are recognised, but there is no money for skidoos, ATV's or boats. I'm looking forward to seeing the Tribal Police and the RCMP working together so long as the Tribal Police have the power to say whether a person will be charged.' - George Gregoire, Innu Nation
`To work in the community as a native worker is very hard but someone has to do it. In the past there was lots of white workers doing the job but they were perceived as outsiders.' - Innu
`We all want the same thing, a system that recognises the uniqueness of Innu and their culture.' - Sharron Callahan, Youth Corrections
`We will try this for a few years and then make changes, iron out problems. 10 years down the road I would like to see Innu responsible for their own policing.' - Simeo Tshakapesh
Judgement and The Court System
Cultural understanding and appropriateness. Language. Adversarial approach. Alienation and respect. Sentencing circles.`Court has a lot of power over the family. It is emotionally stressful, the person goes to jail and leaves the family.' - Innu
`I feel that the court system humiliates Innu people, who have to make painful disclosures in front of white strangers.' - Innu
`The court really let me down, convicting me of petty crimes, but not helping me get justice as a victim of sexual abuse.' - Innu
`They don't have respect for our people and I think the people are really afraid of this. Once the judge says you have to be incarcerated for 6 months, people are frightened. They don't know where they are going, or whether there are going to be other aboriginal people where they are going.' - Katie Rich
`An Innu man who had to go to court, asked me to write a reference letter for the judge. So I started to write a letter saying how good he was in the country. But he did not want that kind of letter. He wanted me to say that he was good at holding down a job. He knew that the Innu value system would not count in Court.' - Non-Innu
`At one point in court, an Innu woman was asked how old her two children were. She said 1 year, and 6 months. She didn't know that in English people say 14 months or 18 months for babies. The judge and the reporter laughed at her because she didn't understand.' - Katie Rich
`At one point in my court case I asked my lawyer to say something on my behalf, and he laughed when he spoke to the judge. I found this insulting and disrespectful.' - Innu
`I did not like the way that the translation was done, especially the translation for the victim, who was from Davis Inlet. She didn't understand what was happening, or what the translator was saying, but the translator ignored that. I feel that the offender wouldn't have got such a long sentence if the victim had been understood better.' - Innu
`I have been through many court appearances and punishments and it numbs you. It is supposed to make me a good person but instead it makes me bitter and angry toward everybody including the victim. It is not healthy because you bring that anger with you.' - Innu
`I received a suspended sentence from the court, but the court said I can't have any contact with the complainant, but the court didn't know that we are from the same family. I feel really bad about the situation. I see the complainant regularly, but we don't speak. We didn't before the court case, but now the court says we can't. How can we heal?... I wanted to have a circle to try and deal with it, but the courts said no.' - Innu
`I used to translate for the court, and there are words that I couldn't translate for the people, I myself didn't understand the meanings, the legal terms, and so it is really hard for a person who doesn't understand English to understand these things. When you see that happening, how can you have respect for the court?.' - Innu
`In the Canadian system you fight the charges and the best lawyers win. People get off charges they were guilty of. People admit in their own mind about mistakes but don't want punishment.' - Innu
`The court doesn't take into account the causes of the problem. They only look at my record and don't believe me. I have been to jail many times, sometimes when I didn't feel I was guilty, and it didn't help.' - Innu
`In Davis things were very bad, I was relieved when the courts were kicked out and I didn't have to go there any more. We would deal with 200-300 cases in a few days, with the lawyers trying to speak to all their clients, and the cases being run through the court. The people there got so frustrated, that when Judge Hyslop went in and was not sensitive to their situation, they threw him out.' - Provincial Court Judge
`I think that once in court the Innu don't know and don't understand their rights. They don't understand the words used in court. It is a system which does not represent their culture.' - Innu
`Very few of the Innu I see are true criminals, i.e. people you can't trust. 90% of the cases I see involve alcohol.' - Dougal Gillis, Legal Aid Lawyer
`Canadian society and court have no tolerance for assault cases but do not take into account the circumstances of the act, which most of the time is due to drugs and alcohol.' - Bart Jack Sr., Innu Nation
`Aboriginals have special needs, especially the old people who don't know English. We need to speak their language.' - Hilda Lyall, Labrador Legal Services
`People have resorted to the courts because there wasn't anything else.' - Lyla Andrew, Innu Nation
`The community was dysfunctional and the court contributed to the dysfunction. For Innu people to have a say in the court process could be part of their healing. There has been no sensitivity to Innu culture by those who came in with the courts and as a result, there has been no communication.' - Katie Rich
`The Court gives a chance to get rid of your frustration. It is an opportunity to get feeling out. It has a therapeutic value. If you don't have this opportunity families will be divided.' - non- Innu lawyer
`The court has had a positive and a negative effect on the aboriginal people, like everyone else. The aboriginal people who wanted to move forward and advance themselves have been protected and their rights preserved. The courts have protected peoples legal rights, but the impact of the prisons on Aboriginals has not worked. We cannot impose our cultural attitudes and ideas of progress on aboriginal people. They have to find their own values. The courts are more concerned with the perception of justice being done.' - Provincial Court Judge
`The court system doesn't put behaviour in any cultural context. The crimes here are Innu on Innu, but the decisions on those crimes are made by non-Innu.' - Lyla Andrew, Innu Nation
`The court system is not about mediation, is not about helping people to talk and finding some way to repair the harm which has been done. It is about placing blame on people and about saying one of you is bad and one of you is the complainant.' - Lyla Andrew, Innu Nation
`The courts are not the enemy of the Innu, but maybe we have been insensitive and imposed our ideas. The Canadian court believes everyone is equal before the law and tries to preserve Innu rights as well.' - Provincial Court Judge
`The difference with the white system is we do not concentrate on the incident but also on the background and experience of the person.' - Bart Jack Sr., Innu Nation
`The legal system is designed to encourage denial. We have had cases where people have denied right through to prison.' - Bart Jack Sr., Innu Nation
`The victim is left aside, no matter what the offence. Scars are left with them all their lives. Victims usually don't want to testify because they want to leave what happen to them behind. If you make them testify you victimize them again.' - non-Innu lawyer
`They have accorded Innu special treatment and that is resented by white Canadians.' - Provincial court judge
`What is needed is a good translator who can get the story across. When Innu are tried, the interpretation is usually not good and the person knows they are not being heard so they generally go out of court very frustrated.' - non-Innu lawyer
`I think the court helps and right now there is nothing else. I am not so sure about the alternatives being suggested. I am not satisfied with the court for healing but at least the victimiser get some help in the Correctional Centre.' - Innu
`None of our people have seen courts operate outside Davis, and when you saw the court people working it didn't seem like they had any respect for the court, so how can you expect people from Davis to have respect.' - Katie Rich
`The court system doesn't help the victim. The most important thing is to stop the abuse and then the abuser must be made accountable for his/her actions. The court system promotes denial by the offender.' - Lyla Andrew, Innu Nation
`The judge is tied to a system with a punitive philosophy, and the idea that people need to heal is foreign to him.' - Marvin McNutt, Adult Corrections and Victim Services
`Why are Innu going to the white court system which does not respect us and scorns us. I used to believe judges were trying to do the right things but I don't believe it any more.' - Innu
`We work with native court workers who provide native people with help to deal with the criminal justice system because of cultural and language differences... We work with the accused, explaining the charges, the court procedure, the role of the various people involved in the court: the judge, the crown prosecutor, the defense counsel, the police, the probation officer as well as practical information such as how to fill in application for getting services.' - Linda Anderson Labrador Legal Services
`Any society needs an agency to ensure children are protected. ... An independent person needs to be there, politically supported by the Innu Nation, elders, the community.' - Ed Heyden, Social Services
`I hope when the court comes back we will have better judges.' - Innu
`My vision is that our elders play a major role in how our people are sentenced, whether it be a community service or whatever. And for the children who are gas sniffing and doing other things, they have lost respect for our elders, and we have to bridge the gap between the elders and our young people.' - Katie Rich
`The Innu hunter (elder) should be the one to deal with it. I don't know how it will be done but at least they will know how it was done in the past. But the Innu hunters are dying, we need to wake up and use them before it is too late.' - Innu
`We need to change our mind-set and give more emphasis to victims. So far we focus much more on the offender, to stop him re-offending.' - Linda Anderson, Labrador Legal Services
`I'm looking forward to having a broader range of court options. Also in correctional services. Taking the offender out of the community gives the community and the victim a chance to heal. But it won't necessarily make the offender any better when he gets out.' - Provincial Court Judge
`We will have to compromise and go through the courts, but eventually we hope to opt out of the courts. ... We have to carry on with what we are doing (trying to create an alternative to the Canadian judicial system). There is no other option for us, because otherwise we are going to end up with a large proportion of our community in jail.' - Peter Penashue, Innu Nation
Sentencing Circles
One alternative within the court system that has occurred is the sentencing circle, an idea which has been used in other parts of Canada. At the time of sentencing, the judge comes down from the bench and sits in a circle with the accused, the victim, and other members of the community. Everyone has an opportunity to speak, and then the judge decides on the sentence.`The sentencing circle has been used only once, but we've asked for it to be used more than that. There are Innu who agree with circles and Innu who believe in normal courts. Some don't like the circles because they think it caters to and supports the offender, and the victim cannot speak and is made to feel isolated. So there are drawbacks. There need to be a lot of safety clauses, to ensure the victim isn't pressured into accepting the circle, and to ensure the offender lives up to their commitments made in the circle.' - Bart Jack, Sr., Innu Nation
`Sentencing circle was new to us. Non-Innu people should not be involved. Innu hunters (elders) should be involved rather than counsellors.' - Innu
`I don't necessarily believe in using a formal system such as the sentencing circle. Problems have always existed and were dealt with by reconciliation, either directly with the people concerned or with other people.' - Innu
`I am concerned about using the sentencing circle at this stage in the community's development. I think that an Innu from outside the community should mediate or be an observer at sentencing circles.' - Innu
`It was one of the most moving events I have ever witnessed.' - non-Innu
`I would rather have had only my own community there in the circle. I didn't like having outsiders directing the circle.' - Innu
`In sentencing circles, we play a recommending role to the judge, and say this is how the sentence should be for this person. Some people say that would be good for the Innu, in fact the governments have said that's all we want you to do, is to recommend to the courts how we should sentence our people. But of course there are others who say that we need a more meaningful role than that. We don't want just to recommend to the judge. We want to make the decision as to how we're going to sentence our people, if we're going to sentence at all. That's the view of some people, that they want to participate, they don't want to be just recommending to the courts and to the judges. Because recommendations as you know can be either accepted or denied. In many cases the judges are probably going to deny the requests of the communities.
When you look at the whole system of law and courts, it doesn't fit into the society that we have. The whole court process is adversarial. There's one loser, there's one winner. What we want to see is we should all be winners, we shouldn't be losers. We should all support and assist the offender as well as the victim. We should all see that they are fully recovered, fully rehabilitated, and able to reconcile their differences. Court does not allow you to do that, it's not possible to do that in court. It has to be one winner and one loser [ed. or two losers]. I've never seen a court where there's happiness afterwards. I've only seen courts where the Innu are involved where there is unhappiness and anger and frustration.' - Bart Jack Sr., Innu Nation
Prisons, Punishment, Healing
Jail experience, cultural issues, appropriateness, victim rights, Healing Services, Country Treatment Program.`We don't approve of the white judicial system and incarceration, but we do approve of our own cultural ways of dealing with offenders. We don't understand this new way and can't interpret it into our own culture. It doesn't feel right.' - Innu Elder
`The prison system doesn't work for the Innu of Sheshatshit. It makes a person frustrated, when they get out they don't fear prison any more. In the old days, Innu elders used to talk to the person and try to counsel the person. People shouldn't be incarcerated. It must be hard for them.' - Innu Elder
`They have jails because it makes money. The jails give employment for non-Innu people.' - Innu Elder
`When someone goes before the judge, they pass sentence, but when they get out the same thing happens again because of a build-up of frustration. The victim is still in Sheshatshit, and the abuser will come back and maybe do it again.' - Innu Elder
`I remember when my husband went to jail many years ago. I did not know what would happen when he was released. But when he came back he was already drunk. Nothing had changed.' - Innu
`I did not experience any healing after my victimizer was sentenced. This was illustrated for me when I saw my victimizer years later and I regressed to feeling like a child in the midst of the abuse, powerless against the abuser.' - Innu
`Jail hurts the offender and the family. It is hard on the family... The woman is caught between being a mother and a wife. It splits families.' - Innu
`Maybe the jail system helps if you are white, but for Innu, we never had court or jail.' - Innu
`Prison doesn't help Innu, especially young people. A long sentence means Innu people would lose their culture.' - Innu
`If I was the victim I would want to be in control, to tell the offender how I feel and tell him to take responsibility for what he did. I want a choice.' - Innu
`Someone who has committed a crime already feels inferior, and then finds himself in a place where he has little understanding of the system or the language. People plead guilty because they feel intimidated. This is the system that has operated for the Innu. We have no input and no control.' - Peter Penashue, Innu Nation President
`Innu people do not look on punishment as appropriate. For them justice is rather seen as healing than punishment. All aboriginal communities have their own morals, but not all have a formalised system. Even if Innu don't want punishment, they recognise the need for acknowledgment and accountability for crimes.' - Bart Jack Sr., Innu Nation
`In an assault we deal with the offender, and they might get sent to treatment. Sometimes they come back and don't re-offend. We are involved in an ongoing process of healing rather than punishment. If we do see a repeat of the offence, and the person is not willing to work on their problems, then the RCMP is sometimes called in.' - Simeo Tshakapesh, Tribal Police
`Innu seem to be very forgiving. The classic example would be a drinking party followed by spousal abuse. The police are called and take the man to jail, but the next day his wife is there wanting him back. Or there might be two men fighting, they are quick to make up and don't want to press charges, but the crown pursues the case.' - Dougal Gillis, Legal Aid lawyer
`The Innu are more forgiving, more supportive, welcoming convicted people back in the community.' - Marvin McNutt, Adult Correction and Victim Services
`There is no segregation of sex offenders. There is less stigma here (in Labrador) about sex offenders. There is more acceptability, especially in the aboriginal community. That seems to be a cultural thing. There is a certain amount of ostracising, but not to the same extent as in other communities.' - Harold Fewer, Correctional Centre
`They have to be forgiving, they are in such small communities. The offender is going to return, it may be your neighbour, friend, or relative. I think the forgiveness is part cultural, part practical.' - Harold Fewer, Correctional Centre
`To me being in jail would be a way to have time to reflect on my behaviour. Maybe if I wasn't jailed, I wouldn't reflect and would feel I had got away with it.' - Innu
`Most offenders are here for violent crimes, serious assaults, sexual assaults, and incest. I don't know whether these should be left to the community. We need to emphasize that the victims need to be protected from what are often intoxicated men. The justice system has that responsibility.' - Harold Fewer, Correctional Services
`White prisoners can fit into any jail. But Innu can't. Part of the prison experience has to be to do with healing, and there are programs for that. But if you send an Innu prisoner to a white prison, they don't have access to healing programs in their own language.' - Bill Mooney, RCMP
`Innu are put into jail for legitimate reasons. They have been treated with more leniency here than elsewhere... They have always been treated differently and specially and now they expect more leniency.' - Provincial Court Judge
`I wouldn't say that offenders shouldn't be incarcerated because one of our roles is to protect the community and sometimes that involves taking the offender out of the community.' - Harold Fewer, Correctional Services
`There is resentment from the white community towards the Innu. When they are in prison they get Temporary Absence even when they have been convicted of serious crimes. White people feel the Innu receive special treatment. It causes lots of prejudice against the Innu.' - Non-Innu
`Lots of offenses are actually social problems. Lots of criminal activity could be curbed by social modification. There is a cycle, the offenders are also victims.' - Bill Mooney, RCMP
`Probation does not work as it does not allow the offender to talk to the victim so how do you heal? The court does not allow any contact but the RCMP allows contact between the offender and the victim if the conversation is initiated by the victim.' - Linda Anderson, Labrador Legal Services
`I see white society in denial and the Innu are leading the way out of that. Right across small town Canada, you would see the same problems, same concerns. But white society is not facing it, whereas the Innu are. There is an acceptability of disclosure in the Innu communities and a recognition that it is a first step towards healing. That understanding and accepting is not there in white society.' - Bill Mooney, RCMP
`People should go to the country instead to going to prison. I've been saying that for 15 years.' - Innu
`Offenders need healing. Innu are forgiving people. In 40 years I have never seen that outside the Innu Community. I am completely in favour of healing and integration to get the Innu healthy... Innu are very frank, very open, and I think openness about feelings is how you will deal with, and stop abuse.' - Ed Hayden, Social Services
`Communities, especially Aboriginal communities need to be involved in rehabilitation. There needs to be a partnership. Aboriginal people are best able to identify their needs. We are trying to work in partnership with Innu Nation and Healing Services.' - Susan Sparkes, Correctional Centre
`I hope that the white system will accept Innu treatment and send sexual offenders to the country, not to prison.' - Innu
`It affects their lives to be taken out of their cultural surrounding. So we established the Group Home to keep them in their cultural environment. For youth to be fulfilled we need to keep them as near as possible to their community. You are always better off near your family.' - Paul Ludlow/Wanda Peny, Youth Correction
`People say there is no help in the Correctional Centre, but there is help being provided now: workshops; Labrador Legal Services; Healing Services.' - Innu
`I think that the Innu believe in jail as part of the justice system, but it must be part of the healing process. In a perfect world, the jails would be healing centres.' - Bill Mooney, RCMP
Healing Services
Healing Services is an agency within Innu Nation that offers help to people who have been victims of abuse. Lyla Andrews, director of Healing Services, described their work:`The Healing Services programme began in Feb 1994 at the request of Social Services who didn't have the resources to deal with the revelations of sexual abuse that were coming up. We started with a team of volunteers, who tried to use their experience of abuse to help others. I was doing court intervention up to then. It became clear that it would be necessary to try and prevent people going through the court system. Three of the volunteers became workers with funding from Innu Nation.
The victim may first go through social services because they don't want to go to the courts. If they come to healing services, there will be a lot of discussion about what they want to do. If they don't want to go to court, we encourage them to talk to people who can support them. The next step would be to talk to people who have been in a similar situation, maybe people who have dealt with it outside the courts, then they may meet with their abuser and try to find some resolution.
People have resorted to the courts because there wasn't anything else.
Initially people were angry with our programme. They felt that the offender deserved punishment. People have been angry with Innu Nation and the workers. Social Services were angry too. But in the last year, there has been a development of understanding, and there is less anger. People are beginning to see that it is never black and white. The reality is that people are hurting. The behaviour may be unacceptable, but the person is acceptable. Everyone has worth. It's difficult to get that over to people here in a community where people have very little self worth.'
`The victim isn't happy when they see a person incarcerated. If the victim and the offender can work together to get healing for themselves, that's better.' - Innu Elder
`We have young people involved in this stuff. They didn't see the old ways of dealing with problems. If elders were involved, they would be able to talk about the old ways. The elders could teach them.' - Innu Elder
`I feel there is not enough support for the victim in the community. There has been some reconciliation through Healing Services, with abusers apologising, which was good.' - Innu
`If Healing Services had existed when I was going through the court case with my abuser, I would be on my way to being a better person... Instead of which, I am still playing out that experience of lack of control and lack of resolution in my behaviour now.' - Innu
`At the present time Healing Services is in the Innu Nation Office and there is lots of politics there. It would be better if Healing Services was situated in another building. A physical separation is needed.' - Innu
`The Healing Services process only works if both sides admit what happened. In my case, my abuser denied it.' - Innu
`Healing Services don't fit. Certain ways they are using are OK but they should use Innu resources to heal and not outside resources such as sweats or Poundmaker's counselling. Outside culture is being introduced into our culture. You see, we have our own culture but it is not fully used and it is overlooked by some of us.' - Innu
`If the victimiser denies the offense, the court should be dealing with it. But if the victimiser admits the offense, the family should deal with it. If you don't admit, it is not safe for the community and family, and the person is not helping himself/herself. It is like a cycle, and once you admit, you break the cycle.' - Innu
`People have to come themselves to get healing, and it will work only if the victimiser is serious about his healing. If s/he is not, it is not good. I was disappointed when one victimiser did not keep his word to get help.' - Innu
`The problem is that Healing Services has limited resources. They can only really deal with one person at a time. If the offender is in denial, the victim gets all the attention, but otherwise, the offender gets the protection. It's not true that they don't care about the victim, but sometimes it can appear that way....The perception that the offender gets more attention means that the program loses credibility. The program needs to prove itself to the judge and courts as well as prisons. There is a lot of pressure on the justice system with overcrowding of prisons, and I think judges are open to new ideas, but you have to show that the new ideas work. Victims get re-victimised by the court system, but that can also happen through the healing circles. As soon as the victimiser is approached with offers of help, the victim feels somewhat betrayed, and that the offender is getting more attention. This is the perception, but it is not necessarily true. Care needs to be taken because judges will turn against the program if they hear a lot of negative feedback from victims.' - Bill Mooney, RCMP
The Country Treatment Program
The Country Treatment Program (CTP) began in the fall of 1994, partly as a result of the experience in Davis Inlet of the children being sent to Poundmakers, a treatment centre in Alberta. There were concerns about this type of program being sustainable when the children returned to Davis, and a need was seen for a treatment program that was more connected to the community. In April 1995, we interviewed Jack Penashue, coordinator of the first pilot Country Treatment about the development and progress of the program.PBI: How are people selected for CTP?
Jack Penashue: People put their names forward in response to publicity. The team [responsible for the program] decided how serious people were about going into treatment, and also whether the children and spouse were seriously interested. The whole family had to agree, rather than the man controlling the family. There is an advantage to working in a community like this, as the workers already know the families history, e.g. sexual abuse may only be one symptom of the deeper problems of the family.
The treatment team developed the programme. They decided that the significant issue was loss - of identity, culture, family unity, and childhood. Sexual abuse, alcohol and drug abuse were only symptoms of this deeper issue.
PBI: How many people went out?
Jack Penashue: Six families, three from Sheshatshit and three from Davis Inlet, a total of 36 clients, of which twelve were adults. There were ten workers, but this wasn't enough and resulted in very long hours. In family treatment, disclosure of trauma affects everyone in the family, and in this case, everyone in the group. For example, there was a suicide attempt which took a lot of time and energy to deal with.
PBI: How many people were on temporary absence from jail?
Jack Penashue: One man who was imprisoned for domestic violence suggested in court that he needed help. He was given Temporary Absence (TA) to come on the CTP. Another man was in jail for sexual abuse and was allowed TA to attend CTP. Another family had a daughter waiting for a court case on a charge of sexual abuse. They requested inclusion on the CTP and were accepted.
PBI: What was the programme?
Jack Penashue: Five days were scheduled with therapy sessions, from 10-12, 2-4 and 7-9 each day. One of these days was organised by the elders who did cultural teaching and spiritual teaching. The other two days were for the tasks that the families needed to do to sustain themselves, like hunting.
PBI: What happened after the CTP?
Jack Penashue: Families continued their contact with the counsellors. This programme is unique because the clients and counsellors came back to the same community. One family has relapsed, but the others are doing well.
The second programme received a lot of requests from people to participate, which shows that it was seen to be helpful. Four of the original 36 didn't graduate, that is, they didn't complete the programme. Two were chronic gas sniffers and had to be taken out of the programme for their own and others safety, and the other two jut didn't attend sessions, but stayed at the camp.
PBI: What is your evaluation of the CTP?
Jack Penashue: It did work. One intention was to inform the clients about their cultural traditions, which was successful. A lot of emotion came out of having a more open format.
One of the roots to healing is with the children. One gas sniffer was very unreceptive to the program initially. His problem was his poor relationship with his father. During the programme they established communication which was a major reconciliation.
The families find it hard going back to the community. They have to continue with counselling, attending AA. They have to take responsibility to deal with the hard times, and keep on moving forwards. The families in recovery are doing well. The kids are in school, the families are communicating.
PBI: In the country treatment programme, are there connections with the traditional ways of dealing with problems?
Jack Penashue: The problems of drugs, alcohol are modern problems. There were family breakdowns in the old days, but the consequences are worse now because of these modern problems. In the old days there were not such strong roles for men and women. Everyone shared the work. We have suffered from the values imposed by white culture.
Our process of listening has led us from a role of observers of overt violent confrontation to a witnessing of the roots of that violence in the justice system. In this process, we have learned how the healing that began within the community of Davis Inlet has lead to confrontations with the outside forces that have contributed to their oppression, a pattern that is repeated in many First Nations communities. We are encouraged by the progress in relations between Innu and non-Innu government that has followed this confrontation, and also aware that much still needs to be done, on this issue of the administration of justice, amongst others. 4. Conclusion and Acknowledgments
The situation at Voisey Bay (Eimish) is one indication that there is still a lot of potential for further confrontation. We hope that the work that has been done on this issue of justice will serve as a model and example to those involved in this next stage of healing: addressing the issues of land and resources.
We are greatly indebted to those people who agreed to be interviewed, as well as the people who offered us hospitality during our time in Labrador and Newfoundland. Copies of this report will be sent to all who expressed interest in our work &/or agreed to be interviewed. Additional copies are available from PBI (see back page). Any comments, observations, criticisms and praise you have about this report and the work of PBI will be gratefully received.
`Alternative systems have a place within our justice system. Some crimes could be dealt with in the community, in conjunction with the other agencies. There is a need not to forget the victims, everyone needs to be involved. Offenders need to take responsibility and make restitution.' - Harold Fewer, Correctional Centre
`In Sheshatshit people have already started to make things change but it is really hard. Sometimes we will have Healing Circle meetings but there is so much hurt. Anyway we are working on it as nobody likes the court system. It doesn't work for Innu. White people and Innu are very different.' - Innu
`There is a moving forward with the healing circles etc., but they need to get the alcohol and solvent abuse out of their community. They have made giant steps forward in the last years, but I believe that the most important thing is for them to work on building up their own self-esteem.' - Provincial Court Judge
`We have NECHI trainers and can control our own programs now. We need facilities and money to set up the programs. Programs need to come from within the community - we have experienced the problems ourselves so its best to deal with them ourselves. There will always be offenses, but hopefully not serious ones. We need to work with addiction counsellors and healers.' - Simeo Tshakapesh, Tribal Police
`I see people in the community that usually don't play a role in anything. There are people in the community who don't speak out, they are too shy. They are important because the more people we talk to, the more we are able to find options and solutions to solve the problems that we have.' - Katie Rich
The above text may freely be reproduced, copied, or translated,
in whole or in part, and without prior consent,
as long as the source is stated as:
Peace Brigades International.