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■1

Recommendation on: Special Needs For Public Information;

And, Introduction of "Alternative Measures" Concept In Labrador Native Communities.

Submitted to Ministry of Solicitor General

Submitted by Silas Bird, Executive Director,

Labrador Legal Services.

98 .J9 85 1984 c.2

f /:-•

qe Jecf

J E-cf- c 2_

Recommendation on: Special Needs For Public Information;

And, Introduction of "Alternative Measures" Concept In Labrador Native Communities.

Submitted to Ministry of Solicitor General

Submitted by Silas Bird, Executive Director,

Labrador Legal Services.

\ LIBRARY 1

MINISTRY OF THE SOLICITOR

' AZ r, 10 1985 i

,

BIBLIOT.H.:-: -

1 MINISTÈRE DU :10 .,..L:...,, ,....,

1

Introduction:

The Young Offenders Act will have a major impac 'on

y Native "Young Persons", the sstems that are to deal w 1. e h them, _ . their communities and the organizations that provide services _ to them. While the same can, no doubt, be said for more urban "young" people, there are some significant quantitative,

qualitative, socio-cultural circumstantial differences between northern Native communities and more southern, urban communities

that will accentuate the impacts of the Young Offenders Act upon Native youth and their communities. Special efforts, at

least qualitatively different efforts,must be made to ensure that while the Act concentrates the efforts of the judicial

• system toward the protection of society and bringing the young person to account for their acts, an equal effort is made to

provide fair and equitable treatment of young offenders, especially

Native young offenders, across this country. Fair and equitable

treatment must include the opportunity to have access to "alternative measures" programs which are culturally and socially feasible,

and to have access to the range of dispositional options particularly compensation orders, fine options, community and personal services

dispositions as delineated in the Act.

Accessibility of these programs will only be ensured

if they are culturally/socially feasible and if special efforts

are made for native communities to access their feasibility.

The purpose of this report is, therefore to, outline

the special needs for Public Legal Information, and to indicate

what special applications of alternative measures Programs are

required in Native communities in Labrador. Recommendations

will be made in this report on these two areas.

- 2 -

This report will include:

1.) A review of relevant programs and efforts in No h

Western Canada that may have significance to pu ic

informational efforts in Labrador Native Communities;

- 2.) A review of the "Northern Conference on Northern and

Rural Circuit Justice" held in Yellowknife during

March 11-16;

3.) Recommendations pertient to special applications of

"alternative measures" programs in native communities

in Labrador;

4.) Recommendations on special needs for Public Legal

information; both content format and breadth in native

communities in Labrador on the subject of the Young

Offenders Act.

Section 1 - A Review of Programs.

#

3

Review of Programs:

Essential Tasks to Be performed: (p.6, Schedule 'B')

k "To conduct a selected review of alternative me ures ›

- programs either contemplated or already in plad in )

native communities."

As a general overview comment I would have to note, that

there appears to be a predominant state of unpreparedness

to deal with the implementation of the Young Offenders Act

by the private sector and governments. This maybe somewhat

of a jaundized view from the off-the-beaten-tract geographical

position from which I write, and from the fact that my impressions

were formulated prior to the April 1, 1984 proclamation date.

Nonetheless, at the time of my visits to North Western Canada

during mid-March and from conversations with organizational

representatives this impression is valid.

To qualify this statement further, however, I would have

to note the following:

1.) That previous to the proclamation dated of April 1, 1984

and as late as early March there was a general opinion

existing that the proclamation may be delayed further

than April 1st.

2.) That organizations, and some provincial governments

were concerned with the far more general concerns revolving

around the Act ie.where would the funds come from to

pay for the additional costs of the dispositionâl aspects

of the Act; in discussions what types of programs would

the respective Attorney's General; Solicitor's General

provincially approve as "alternative measures". In other

words, discussions were more of a speculative niture

then of a planning or forcasting nature.

■■•

3.) That given these circumstances, oi-ganizations that had

concentrated efforts on preventive and divertive programs

were continuing their efforts along these lines and,

in general, basing their discussions on their pvious

r. experiences with preventative and divertive pro ams.

ç -4.) That the planning by organizations to prepare for community

needs was superceded by their needs to locate appropriate

sources of funding to undertake programs. .

5.) The relational issues between Federal Government Departments

le; Justice, Solicitor General are yet to be settled

as to how their respective programs will operate. This

is of specific concern to Native Programs of Justice

given that Solicitor General's is the Department primarily

responsible -for the Act. Native Courtowrker Programs,

under Justice, for example, cane predict impactè upon

their services, however, it is undecided at this point

what resources will be made available to deal with these

impacts.

With these things considered, then, the following programs

and procedures were discussed in conversation with government

and organizational representatives.

Accountability Panels, North West Territories: These mechanisms

are not in uniform use in the N.W.T., analogous to the fact

that some communities have choosen to be "dry", while others

restrict alcohol sales, while others have no restrictions

at all. One of the participants of the Northern Conference

noted that there is a wide spectrum concerning N.W.T. communities

- in terms of their interest in the operation of the law, and

varying degrees of community cohesion and interest in community

affairs. It is against this backdrop that we find community

accountability panels working. fr

- 5 -

I would note that these accountability panels are of

an informal nature either consisting of Community Eld s or Community Councils depending upon the community a , no

-dcmbt, deal with issues that arise as behavioural pro lems

-within their social context rather than as legal issues wlth

*legal solutions. The particular area from which these views

arose were the Keewatin and Baffin regions. These mechanisms

woud appear to be heavily dependent upon the degree to which

the Elders or Council are involved with the affairs of the

community and upon the cohensiveness of the communities.

Although I do note that these panels are of an informal

nature I would qualify the term informal to imply processes

and systems outside the judicial system. Although, these

processes and systems have attempted and gained some recogni-

tion inside the judicial process. As an example of how there

is a degree of latitude within the judicial system through

which. Native culture and community values can be brought to

bear, one lawyer with a number of years in private practice

and as Crown prosecutor relaid the following anecdote. Upon

the conviction of a young adult in a N.W.T. community for

arson of a new school there, the community Elders asked for

a meeting with the circuit court party. The community, through

its Elders, requested that the young adult be permitted to

stay in the community rather than being sent to the Yellowknife

Correctional Centre. They young adult was mentally backward

and the community felt it had neglected its duty toward him

in not directing his behaviour better. They proposed that

a number of persons would choice to act as this young adults'

guardians, to teach him traditional skills and, generally,

keep him in line. This proposal was accepted by the court

and was agreed to by the Crown.

6

Comment: It would be worthwhile to research case la on sentencing in the N.W.T., to discover trends in senten . ng involving

community involvement. This case law inforMation

would be useful in determining how dispositional

options under the Y.O.A. might be taken advantage

of with the existence of community based programs

le; community service orders, personal service orders,

fine options.

In conversation with one Territorial Government official

in early February, he indicated to me then that formalized

"alternative measures" or "diversion" programs did not exist

in the territories at that point; and, that the development

of such programs were only at the discussion stages.

As a overview comment I will also point out that the

N.W.T. makes extensive use of native, community-based justices

of the peace to deal with issues for which they have jurisdiction

under the Territorial Ordinances and the Criminal Code. Chief

Justice de Weerdt of the Supreme Court of N.W.T. noted during

one of his presentations at the Northern Conference that there

are one hundred justices of the peace in the Territories and

that those that are Native have a keen sense of what communities

views are concerning problematic behaviour due to their interest,

connections and history in these communities. (Justice de

Weerdt pointed out that native people have a perception of

the need to enforce law and order and notes that the sentencing

patterns of native j.p.'s is more severe than that of non-native

j.p.'s as an indiciation of this theory.)

7

Community Service Orders, Ross River, Yukon:

One of the Conference participants, Margaret Tho on,

a 3.P. and co-ordinator of a Alcohol/Drug Abuse Progra at

' Ross River, Yukon noted that under her program she operates

a drop-in centre for youth. Included in the overall program

she has young people fulfilling community service orders as

part of sentence. To complete the order she teaches them how

to operate a community-based radio and do work around the center.

As *ell, she uses group life skills techniques and problem

solving for young people to learn to deal with their situations.

While Ms. Thomson's program deals with options at sentencing,

it maybe appropriate methods to consider in dealing with the

structure of alternative measures. Specifically, it may not

be enough to consider only that young offenders perform community

service orders (or personal service orders) but that attempts

be made to co-ordinate they young offenders involvement in

constructive activities that would impart some skills and/or

develop constructive interests. Whether these co-ordinating

efforts become the total responsibility of an "alternative

measure" program administering body, or whether these efforts

be to co-ordinate as network amoung community resources obviously

be dependent on the availability of other community resources.

Native Counselling Services of Alberta:

NCSA has a long history of involvement with criminal

justice system as a native, non-profit organization operating

native courtworker programs, criminal and family; prison liaison

programs; family life improvement programs; public legal education;

cross-cultural sensitization programs for federal and provincial

civil servants; training process for internal staff cip courtworker

duties; suicide prevention etc. Among its many attributes is

its philosophy of extending assistance to other similiar programs

through the provision of information; its willingness to open

its training events to others.

8

For these reasons NCSA was a highly suitable organization

to visit to gain a perspective on what was currently en

planned to 'meet the Special Needs of Native youth for he develop-:

meht of "alternative measures" under the Young Offend rs Act.

• NCSA's many involvements at the National level on justice . issues

as it effects native people also made it likely that their

plans for actron would be accurate projections of National

policies on the Y.O.A.

The depth of NCSA's experience also gives cause to examine

is previous involvement with programs of diversion from which

the model of "alternative measures" arose. Of specific interest

here, is NCSA's involvement from 1977 to 1981 in a Demonstration

Phase "High Level Diversion Project" jointly sponsored by

'Solicitor General and Federal Justice. I shall not attempt

to describe this project in detail as NCSA's Final Report on the

project, published in July 1981(CC/Project 24) is available

through Solicitor General's.

In brief, the High Level Diversion Project was originally

designed to deal with adults, however, at later stages juveniles

were included. The Project operated in North Western Alberta

in a number of smaller Native communities. The area has some

other similiar characteristics to Northern Labrador including

court circuits on a monthly basis, and RCMP stations in the

larger communities.

The Project was discontinued in 1981 despite an on-going

need and the NCSA report makes some critical observations why

problems arose during its operation. Funding being available

for short and irregular periods was one such observation.

Others included: lack of objective review; interfer nce and

insufficient assistance by the criminal justice syst1m ; reduction

of community imput by the change of referral systems heavily

dependent upon Crown discretion; decreases in referral rates;

9

ineffective communication among significant players in the

system - R.C.M.P., Crown, NCSA; lack of clearly defi

responsibilities and authority over the program. ›

A predominant theme of the report appears to be the attitude

from the outset by the official criminal justice system in that

area, notably Crown Prosecution that "...the program is not as

effective or as good as programs already available through the

judicial process...", yet, the NCSA report also notes that

judicial system programs such -as fine options etc. were in

little use in the area.

As an example of the reduction of community imput through

changes in the referral systems, the NCSA report notes that in

latter stages of the project Crown Prosecutors were bringing the

individuals to court, asking for stay of proceedings and then

diverting. This caused numerous problems for program managers,

reduced the "diversion from the judicial process" aspect of

the • rogram; and, made the decision to divert rest with Crown

who were hesitant to discuss their criteria for diverting.

(The report does note that this practice was due to the Crown's

desire to have more control over the individual; and, because

of judicial decision arising in British Columbia. Although

the report does not specify the particulars of the latter,

the B.C. Supreme Court in R. us Jones, 1978 heavily criticial

"diversion programs" (pre-charae) as being an extra-judicial,

program of the administration, unsanctioned by any statue,

coersive and open to abuse. The learned judge also noted that

if a person was originally diverted, they could not be brought

back to court as an adjudication on the case would amount to a

criminal court being used to enforce a civil agreement. Hence,

the need of the High Level Crown Prosecutor to maint9n his

option to bring the individual back to court upon resdUng a

prosecution originally stopped by a stay of proceedings.)

- 1 0 -

Under the critical comment concerning lack of communica-

tion, the NCSA report notes that different agencies re receiving

different information concerning changes or adjustme s to the

_program, and the NCSA program co-ordinator receiving -Separate

-information as well. Differing views of program area col:Terage,

differing perceptions of expected results, lack of concensus on

program changes, inconsistent representation of interested

Parties in discussions on the project were problems, as well.

In general, the High Level Diversion Project Final Report

is a valuable document on issues to avoid through thorough

program planning, education and evaluation. It points to an

overwhelming need that parties agree at the outset about the

processes and structures to be used through the program not

only among different agencies but also by different levels

of the same agency. As a result of this project review NCSA

developed a number of objectives and strategies for future

development of "diversion programs". Among these objectives

and strategies were: (p. 18, 19, 20).

"All guidelines and agreement between NCSA, the funding

bodies and other interested members of the system whose

co-operation is essential, must be negotiated and agreed

upon before the project begins. All changes that must

be made after that must be clearly understood and negotiated

by all parties."

"Ultimate control must lie with NCSA. NCSA has responsibilities

to its clients, its funders, and to the community and should,

therefore, have control over the type of services provided

and guidelines surrounding their delivery:"

It"Programs should not be changed after the fact o fit a

theoretical model ... Models must be agreed upon before

a project gets underway ..."

"Communications between all parties involved in ..the Project

should be frequent'and well-distributed to pre nt

e misunderstanding and delays. This includes - 'e agency,

the funders, policy committees, supervisory staff, and

project staff."

Use of Audio-Visual Media for Public Legal Education:

During my visit to NCSA during March 19-21 I had the

opportunity to view a number of audio-visual materials prepared

by NCSA's media section. A number of opportunities were also

presented to discuss the production of, and general thrust of,

the media 'sections efforts with Mr. Jerome Yellowdirt, media

co-ordinator and Mr. Keith Purves, Program Director responsible

for the media, and Research Sections of NCSA. In disucssion

with both of these gentlemen they stressed that the choice of

the audio-visual medium was a deliberate one in trying to

meet the. requirements of their pôtential audiences. The audio-

visual medium allowed fairly complex items to be communicated

in a relatively short period of time. The audiences for the

material vary. Fo/ example, slide tape presentation on the

role of courtworkers could be aimed at potential client groups

le; person criminally accused; or, -to justice personnel and

allows for the salient elements that both audicence need to

know to come across in a ten minute period le; the length

of the slide presentation.

NCSA has also produced some excellent material to describe

different programs. One such example is an audio-visual on

"Fine Options Programs" that explain what the program is and

how it operates. Material on Criminal Procedure wasi also well

done, of particular interest was two presentations 06 "Arrest

Procedures". Again, the time factor and message impact was

very effective and in comparison what would be accomplished

through printed material.

- 12 -

.. NCSA has three slide - audio packages that were of exceptional

: interest: "Traditional Law: The Ways of My Ancestop s"' "Kaymaya-

It''s Your Choice"; "The Living Tree". These were of nterest

_because they attempted to bring out underlying concepts of the

-law in contexts that their audiences can appreciate and àpply

to their situations. Specifically, "Traditional Law..." is

a collection of conversations with elderly native people describ-

ing what thèy could remember, or recall from traditional stories

about the law of native people prior to and at the time of contract .

with white men. The film covers a large number of topics

from child care to settlement of disputes between family and

tribe members. The producers maintained in its entirety the

recollections of the elders.' While there was no predominant,

single theme of the film it does indicate a complex structure,

and set of law to deal with life in the traditional native society.

I will add that NCSA has plans to carry out an off short

of this effort to focus in on the traditional laws and customs

for child care.

The .second film "Kayama--It's Your Choice" has a well

developed theme. It points out that in traditional native

society, people made choices about what they became - . hunters,

medicine men etc.; and, if the7 performed well at all of the

activities, they became leaders. The ,film also indicates that

native people may not live in the same way as they did in

traditional society, but they still have to make choices and

what they become is their choice.

The third presentation "The Living Tree" is designed for

•a young audience and has an accompanying set of directions

to enable a user to focus in on a number of fundamental issues

/

about how society makes laws, what and where author'ty comes

from to enforce laws and the consequence of breakin laws.

- 13 -

lk

Comments: 1. The use of audio-visual media for Publi Legal

Information efforts would be an appropriate choice fo . Labrador .;

communities. General information on issues like the Young Offenders _ Act could have a more lastly and understandable impression on

residents then would a written phamplet. Moveover, the information

communicated would, no doubt, be more extensive than a phamplet

would. Particular itemsof the Act le; alternative measures,

dispositions could be focused in on in audio-visuals and more

dyreamically explained then would be possible through written

material. This would be an important feature of kthe choice of

medium in an area where the cultural is more oral then written,

and improves the likelihood of communicating concepts etc.

where translation in the written form is problematic to begin

with: I specfically refer here to the fact that the Indian , people of Labrador do not have a very highly developed system of

equivalent term for English terms, nor a highly developed

system of symbolizing oral language sound by printed symbols.

This former situation does exist to a lesser extent in the

Inuktitut language; the latter situation is not applicable

to the Inuit language.

2. In terms of Public Legal Information, particularly information

aimed at a younger audiences, it would be important to lay a

foundation of principles, as it were, on which to base specific

laws. Materials like "The Living Tree" point out how this

can be adhieved. This would be significant particularly in

regards to children in native communities where more than one

set of values and principles are operative - their own native

ones and those of the dominant Canadian institutions.

- 14 -

N.W.T. Native CourtWorkers Association; and Legal Services of N.W.T.:

During my visit to Yellowknife in mid-March I hted the opportunity to have several discussions with Ms. Sue Heron-Herbert of the N.W.T. Courtworkers Association, and Mr. Doug Miller of N.W.T. Legal Services. Both organizations are in frequent contact with one

another and enjoy a constructive and co-operative' working arrange-

ment. Legal Services is the agencies responsible for administering

the Legal Aid Plan in the N.W.T. and receives many referrals

from the Courtworkers. (Their area of coverage is the Western

Arctic, whereas Maliiganik Tukisiiniakuik provides both a para-legal and legal service in the Eastern Arctic.)

Mr. Miller had been involved in an Ottawa based meeting

' sponsored by Solicitor General and attended by the Canadian

Law Information Council in late February. The activities of

the Courtworker Association and Legal Services up to mid-March

and more recently in Appril are as follows:

- Networking with the Territorial Department of Education

on how phamplets and posters that currently are available

through Solicitor General might be translated and distributed.

The Department of Education is assessing its needs for

material quantities and will be responsible for translation.

the Department is also doing a cost assessment on the

production of video material on the Act in conjunction

with Legal Services and the Courtworkers Association.

- Networking with the members of the Criminal Justice

Communication Committee. Representation on this Commitee

is from private lawyers, crown prosecutors, judges,

legal services, courtworkers. Each participint group

is assessing what they might contribute to a Education

effort. Specific committments have not been made as of

yet.

- 15 -

- Networking with "Tree of Peace". This latter group

is associated with the National Alcohol and Dr Abuse

Program, Health' and Welfare Canada. Over a nuIiDer of

weeks, the Courtworker Association has been co-operating

with "Tree of Peace" is holding discussions with Native

elders and youth on young offenders.

- The Courtworkers Association, Legal Services has submitted

recommendations to Solicitor General's on the assessment

of needs for public legal information in the Western

N.W.T.

As I noted earlier, during mid-March, there was a general

sta.te of unpreparedness for the implementation of the Act in

general and consequently little preparation for specific needs

such as public legal information and "alternative measures"

had been undertaken up to that point, and is generally reflected

in the lack of specific undertakings to date. The absence of

agreement between Solicitor General's and some provinces also

give basis to uncertainity in any planning effort. Again,

relational issues between government departments gives rise

to added uncertainities.

a.

‘...

1.

Section 2 - A Review of

The Northern Conference, Yellowknife.

1

- 16 -

Review of the "Circuit and Rural Court Justice in the North"

Conference, March 11-16, Yellowknife.

• This event was sponsored by The Northern Conference, an

-education and information network of people involved in Ihe

delivery of justice services across the North including North-

west Territories, the Yukon, Alaska and in other areas of

the provinces. Management of the Northern conference is the

responsibility of the Northern Conference Board, which has a

wide representation from the judiciary, professional and

para-professional service delivery agencies, from native

and community organizations. Administration of the Board is

handled through an office at Simon Fraser University ,B.C.

The current Conference Board representatives are:

Silas Bird, Executive Director, Labrador Legal Services, 34 Grenfell

Street, P.O. Box 899, Station B, Happy Valley/Goose Bay, Labrador

AOP 1E0.

The Honourable Victor D. Carlson, Superior Court of Alaska,

303 K Street, Anchorage, Alaska 99501, U.S.A.

Duncan Chappell, Chairman, Department of Criminology, Simon

Fraser University

Margare.t Nick Cooke, Member, Bethel Native Corporation, Bethel,

Alaska 99559, U.S.A.

Curt Griffiths, Department of Criminology, Sjmon Fraser University

John Hylton, Director, Policy Planning and Evaluatipn Branch,

Department of Justice, 14th Floor, City Hall, 2476 Victoria

Avenue, Regina, Saskatchewan S4P 3V7

- 17 -

Stan Jolly, Special Projects Co-ordinator, Office of the Chief

Judge, Room 179, Old City Hall, 60 Queen Street W., Toronto,

Ontario M5H 2M4

-Stien K. Lai, Deputy Minister, Department of Justice and Public

-Services, Government of the Northwest Territories, 4th Floor,

Courthouse, Yellowknife N.W.T. X1A 2L9

Rolland Nadjiwon, Executive Director, Sault Ste. Marie Friendship

Centre, 29 Wellington Street East, Sault Ste. Marie, Ontario

P6A 2K9

Margit Nance, Director, Public Policy Programs, Continuing

Studies, Simon Fraser University

The Honourable Dennis Patterson, Minister, Department of

Education, Government of the Northwest Territories, 6th Floor,

Laing Building, Yellowknife, N.W.T. X1A 2L9

Lu Johns-Penikett, Area Director, Program Development/Citizen-

ship, Secretary of State, Room 240, Federal Bldg. Whitehorse,

Yukon YlA 2B5

Arthur H. Snowden, Administrative Director, Alaska Court System,

303 K Street, Anchorage, Alasks 99501 U.S.A.

His Honour Chief Judge Barry Stuart, Judges Chamber, Territorial

Court, Federal Building, Whitehorse, Yukon YlA 2B5

The Honourable Mr. Justice C.F. Tallis, Court of Appeal of

Saskatchewan, Courthouse, 2425 Victoria Avenue, Regina,

Saskatchewan S4P 3V7

- 18 -

Attendance:

The Yellowknife Conference was well attended by over two

hundred people working in the Criminal justice and lated

fields. A general overview of those attending indi te

- that the following fields were represented: court judges,

-Crown prosecutors, lawyers in private practice, legal aid programs,

alcohol programs, courtworkers, parole and probation personnel,

police (RCMP, QPP, Band police), justices of the peace, educators.

These people originated from Alasks, North West Territories,

Yukon, Labrador. Northern Manitobia, Brithish Columbia, Quebec,

Saskatchewan, Alberta and Northern Ontario.

Attending at this Conference as well, were representatives

of territorial, provincial and federal governments. Represent-

ing the N.W.T. were: The Honourable Dennis Patterson, Minister

of Education N.W.T.; Mr. Stien Lai, Deputy Minister of Justice

and Public Services, N.W.T.; The Honourable Nick Sibbeston,

Minister of Local Government, N.W.T.; The Honourable James Wak-

Shea, Memberof the Legislative Assembly, N.W.T. Representing

the provinces were: Mr. Terry Gasior, Special Project, Dept.

of Justice, Saskatchewan; Mr. Stan Jolly, Special Projects,

Department of the Attorney General, Ontario; Ms. Dorothy Daniels,

Native People's Programmes, Attorney-General, Alberta. Represent-

ing the Federal Government were: Mr. Dan Prefoutaine, Assistant

Deputy Minister, Policy Planning and Development Branch, Justice

Canada; Mr. Eddie Gardner, Chief, Native Programmes, Justice

Canada; Michel Vallee, Policy Analyst, Young Offender Policy

Unit, Ministry of Solicitor General. (Attending from Solicitor

General's, Consultation Centres were Mr. Carlos Charles, B.C.,

and Mr. Andrew Smith, Prairies.)

- 19 -

The Conference:

!k The 44 day Conference had numerous topics of discussion, -

-some of which were held concurrent to each other, therebY

making it impossible to attend all. The topics of discussion

included:

Topics: - Aboriginal involvement in circuit court service

delivery.

- The involvement of Native people as members of

Native organizations interacting with the court,

the court party or as residents of a community...

Explored in 3 concurrent workshops: Native

Policing; The Role of Native Courtworkers; The

Justice of the Peace and the Alaska Magistrate.

- The creation of autonomous justice structures for

indigenous people.

- Short Course on Mediation. Held in two parts

and Instructed by Mr. John Wright, Justice

of the Peace, Territorial Court, Whitehorse, Yukon.

- Issues in Northern Justice Research

- The Dynamics of The Circuit court: The View from

the Bench, The Crown, The Defense and The Community.

- Five concurrent sessions for specific professional

groups: Circuit Management for Judges; Pre-

sentencing Submissions and follow-up for probation,

parole and courtworkers; Effective Pre-court and

case Preparation for Crown Prosecutors; The Defense:

Ensuring Effective Representation on the Circuit

Court.

- Three concurrent workshops: Intercultural

communication in the courtroom; Intbragency and

community communication in court organizations

and service delivery; Dispositional alternatives

for the circuit court.

- 20 -

- Workshop on community theatre: A mechanism '

for public legal education (2 parts)

- Four concurrent workshops: The roi .of the court

and of government; Friendship Cent s and Native

community law offices as resources for public

legal education; The role of community-based

drug and alcohol awareness programs; The need

for development of victim assistance services

in the North.

- The New Young Offenders Act: implications and

opportunities for Northern communities.

- Four concurrent special topic sessions: Community

involvement in justice services; The Repeat alcohol

offender; Wilderness programs and bush camps;

Autonomous Indian police fores.

- Special Presentations: the meeting of Traditional

Justice Structures and "Western" Justice Systems.

- Techniques at Project Planning and successful

Fundraising.

- Strategies for Community Involvement in Justice

Service Delivery.

- Three concurrent workshops: The use and

effectiveness of community liaison programs

and community accountability panels; The use,

limitations and potential of community service

orders; The cultural, environmental and community-

resource considerations in assessing dispositional

alternatives.

- 21 -

An initial observation concerning this Conference is the

e great number of topics for discussion, and a source f some

criticism. Most of the topics were discussed throu . the use

• of panels, and while well selected permitted only lïmited

- discussion from the floor. All sessions were well attended,

again providing some obstacles to full participation and

discussion. These critical observations were noted at a closing

session with participants, however, from the author's view point

the Conference was an excellent one with good time management

between sessions for all participants and special interest

sessions.

Particular Interest Workshops:

Of particular interest and particular use were the smaller

workshops on specific topics: Short courses on Mediation;

Workshop on Community Theatre; Wilderness Programs and Bush

Camps; techniques of Project Planning and Successful fundraising.

The smaller group size, the specific nature of each topic and

the choice of instructor/presentors made each of these workshops

very informative. In discussion with other participants similiar

experiences were reported from workshops the author did not

attend, such as Intercultural communication in the courtroom.

Short Courses on Mediation: The two morning session on Mediation

Techniques were instructed by Mr. John Wright, J.P., Territorial

Court, Yukon. Mr. Wright discussed the critical stages of the

mediation technique and methods of accomplishing key tasks of

the mediator. An excellent use of role play was made to

illustrate these items. In discussion Mr. Wright noted

the many conflict resolution situations in which mediation can

be used from settlement of issues in divorce, victim/offender

reconciliation, small claims disputes.

- 22 -

In general discussion, His Honour Judge G. Bladon, Territorial

I!

Court, Yukon noted that particularly in Small Claims cases he

encourages parties to go through the mediation proce, s by making t

specific referrals to the program under Mr. Wright. In this

-way, many of the issues that he would otherwise rule upon are

settled when the case comes up for court. The issues are usually

settled in a way more agreeable to parties, and the court process .

benefits by the speeder settlement.

Comment: While I am familiar with mediation, through its use

in Happy Valley-Goose Juvenile Diversion Project, this session with

Mr. Wright drives home the point that the use of extra-judicial

process like mediation is a developmental route that needs to be

explored in areas like Northern Labrador to enhance the expedient,

equitable settlement of conflicts. Appropriately modified

versions of mediation are worthwhile to build into "Alternative

measures" programs, and other pre-court programs for adults.

Workshop on Community Theatre: This workshop concentrated on

the use of these methods in public legal education. The workshop

was conducted by Mr. Daniel Wildcat, Community Theatre Co-

ordinator, Association for Native Development in the Performing

and Visual Arts, Toronto, and demonstrated by Maliiganik

Tukisiiniakuik's Community Theatre Group from Frobisher Bay.

The workshop consisted, in part, of selected performances

of theatre material researched and performed by the Frobisher

Bay group in the Eastern Arctic communities late in 1983.

Mr. Wildcat was responsible for training the group, in their

original efforts in performing arts and, in particular, in doing

community-based research on issues of local concern and adapting

this information to scripts. The group would initielly conduct

their research (individuals, groups, agencies) construct

their scripts, perform for schools, communities at large and

hold discussions with their audiences. (The group was also

trained in legal issues by Maliiganik- Frobisher's Legal Services

- 23 -

Organization.) The original plays were performed in Frobisher

Bay: 1 performance for the Territorial Court Circuit, 2

eperformance for schools; 2 public performances. Pa nitang l and Cape Dorset also received 2 performances each. ,Inuit Broad-

• casting Corporation filmed the plays for distribution to other

- Buffin Island communities. Preformances were in EnglisS and/or

Inuktitut.

Issues of concern that focused on in performances were:

Alcohol and Drug Abuse; Problems of Solvent Abuse, issues of

conflict with the law je; break and enter, theft. These items

were put into the context of legal procedures and processes

as well, describing such things as: diversion, the role of

RCMP, counsel, court. (From a comprehensive report by

Malliganik, the evaluation section noted: "As an educational

tool, the plays were ... most successful. They addressed issues

of grave importance to the communities: solvent abuse, confusion

about the legal system, the need for communities to begin

to accept greater responsibilities for the lives and problems

of their residents. As far as Maliiganik Tuksiiniakuik is concerned,

the plays revealed pertient issues to community members and

exposed the underlying causes for much criminal activity

now occuring in the communities." , p. 16)

Comment: This innovative method of public legal education

poses some interesting possibilities for such

an effort in Northern Labrador. Local theatre

groups may be interested to enter joint efforts

for similiar efforts (ie Nain Theatre Group).

- 24 -

Workshop on Wilderness Programs and Bush Camps:

Presentations at this workshop were made by Mr. Chester

Cunningham, Executive Director, Native Counselling Service

of Alberta; and, Mr. Wayne Balinoff, Dechinta Society,

Yellowknife.

Mr. Cunningham related NCSA's experience with two Wilderness

Camps: Westcastle in Southern Alberta; Beaver Lake in Northern

Alberta. Referrals to these camps are made by larger, regional

correctional institutions, and are screened by these institutions

staff and those of the camps. Full capacity at both camps

is between 18-20, however, expansion is currently underway

for upward to 40 inmates. Activities of camp inmates includes

camp maintenance, contract work at near by communities,

maintainence of Power Commission Pole Lines, Fire fighting,

National and provincial park maintainence ie bush clearing,

fire-work provision. While these activities are labour oriented,

they are combined with native self-awareness (Indian Brotherhood,

Elders) to attempt to assist the inmate to adopt skills and

attitudes for copying upon return to their communities.

The camps also try to match inmates with job upon release, and

during their stay attempt to link inmates to local opportunities

such as with local trappers.

NCSA's involvement with these camps provide some excellent

models for the involvement of non-profit, community-based

organizatios in the corrections field, particularly with

this type of correctional facility.

- 25 -

Mr. Wayne Belenoff made both an orgal and slide presenta-

ittion of the bush camp he is involved with. The en . ronment,

circumstances and individuals involved with this c l mp are more comparible to Labrador than NCSA's. Dechinta's camp

- is located some distance from Yellowknife and accessibrè

only by boat or small aircraft. The inmates are taught

small engine repair, fishing, hunting, trapping techniques

and first aid to equit them with skills useful to them on

their release. As well, construction and repair of boats

and snowshoes are also taught. Camp routine of cleaning,

kitchen duties, provision of fire wood, water etc. is the

responsibilities of the inmates. While staff are involved

in teaching, supervising activities, they are also responsible

for providing individual and groups counselling within these

activities.

Comments: Both programs provide good working models of

correctional facilities designed to meet native

inmates needs and operating activities to assist

the inmate to learn skills and attitudes for coping

in their environment.

Techniques of Project Planing and Successful Fundraising:

This workshop was conducted by Mr. Chester Cunningham.

This was an extremely useful, detailed workshop with Mr.

Cunningham noting the key elements to fundraising and project

planning being: establishing community support and on-going

creditability; having a good policy board; establish clear

objectives and stable environment for employees; designing

in training for staff and board; avoidance of short-term

funding without convection to long term funding; effective

and tight money management and projections. (NCSA:also

contracts with governments agencies to provide such things

as Native awareness training packages and off-sets expenses

with these revenues.)

- 26 -

Comment: It would not be a worthwhile exercise to attempt a

X detailed summary here of Mr. Cunningham' . resenta-

tion, however, while circumstances diffe ,- n the extreme

between Labrador's situation and Alberta's (le; avail- .

- able funding, other resources, culturally, population

size) the author appreciates that NCSA's experiences

and programs offer excellent basic models for develop-

ment of program in Labrador and elsewhere. Labrador

Legal Services on numerous occasions have consulted

with NCSA staff for information on: courtworker

programs; training materials; prison liaison programs;

public legal information design; cross cultural

sensitization.

- 27 -

The New Young Offenders Act: implications and opportunities

for Northern Communities.

The particular panel which discussed this topic was

rather large and, the inclusion at the last minute of Cn

additional speaker, further complicated the session. Generally,

presentations were rushed and tended to be confined to the .

provisions of the Act, rather than how these provisions might

be manifested. This session was probably informative to

'Ilose participants unfamiliar with the Act, however, given

that this group represented agencies and groups involved in

the criminal justice system it is doubtful that there were

many unfamiliar with the Act. After having said this, however

I am not certain what other course could have been taken other

than, perhaps, some discussion on what is to be addressed in

negotiations between Solicitor General's Ministry and the

provinces.

I note two presentations here:

In addressing the topic, Mr. Michel Vallee, Policy

Analyst, Young Offender Policy Unit, Ministry of Solicitor

General, Ottawa noted that the Act provided for community

involvement through the following provisions: Youth justice

committees; dispositional alternatives; alternative measures

and through the role of courtworkers in probation supervision

and in alternative measures. Mr. Vallee also noted the recent

initiatives of the Ministry in assessing public information

needs and that provisions were being made to meet these needs.

Mr. Vallee's presentation also covered other features of

the Act, such as age of "young persons"; Transfer to Ordinary

Court".

- 28 -

Mr. Douglas Miller, Executive Director, Legal Services

Board of the N.W.T., Dept. of Justice and Public Services

addressed specifically the "Right To Counsel" aspelt of the

Young Offenders Act; while Mr. Miller did not have a full

opportunity to make his entire presentation, a copy of his

- presentation paper reveals that there are some concerns regarding

this provision of the Act. The lack of availability of counsel

in the Northern Justice System, which would be a comparitive

problem in Northern Labrador. In addressing the young person's

right to counsel upon arrest or detention, Mr. Miller notes

that it will be difficult for the young person to appreciate

this right when informed by the RCMP because: "... it has been

found that very few young people are capable of knowingly

and intelligently appreciating their right and waiving them.

In the North, this ismore apparent due to language and cultural

differences..."

Mr. Miller also notes under Section 11(7) the young person,

at the discretion of the court, may be assisted by an adult when

the young person is not represented by counsel. This provision

is of particular interest to native courtworker associations given

that the court's discretion will be exercised on deciding

whether this adult appreciates their role, and the nature/

complexity of the issue being dealt with etc. In communities

which courtworkers serve, they may be the only community based

personnel that meet this criteria.

Another comment Mr. Miller made is that the role of counsel

is better defined under the new Act to represent the young

person, whereas their role under the Juvenile Delinquents Act

were numerous - as impartial officer of the court to explain

court processes, dispositions to the child and family; as

social worker promoting the best interests of the child;

protection of the child rights.

- 29 -

Comments: This session also provided a forumn for the ventila-tion by a number of the participants, lrt notably a Legal Aid lawyer, of their frustration that this

Act was being implemented without providing the

resources to permit the provision of services to

"Young Offenders", particularly in the northern area

where there are high incidences of conflict with the

law and few resources as is. This frustration was

carried over into another session on "Strategies for

community Involvement in Justice Service Delivery".

Section 3 - Recommendations on Special

application needs for "Alternative Measures"

in Northern Labrador.

- 30-

Background To Northern Labrador:

Purpose of this section: To describe the envirtent in

which public information efforts, and alternative measures will

have to operate.

The communities that I shall refer principally to in this

report are: Nain, Davis Inlet, Hopedale, Postville, Makkovik,

Rigolet and Sheshatshit. Although Sheshatshit is not normally

cohsidered Northern Labrador, I include it because it is a

predominately Native community with fairly high rates of

conflict with the law. (I would also indicate that materials

produced for Public Information in English would be suitable

for use in the central communities of North West River, Happy

Valley and southern coastal areas.)

The six coastal communities: Nain, Davis Inlet, Hopedale,

Postville, Makkovik and Rigolet are spread out some three

hundred and sixty kilometers. Nain the largest of these six,

has a population of just over 900 persons, with over 50% of

its population under the age of 15 years. Populations for

the other communities are as follows: Davis Inlet - 275;

Hopedale -445; Postville - 165; Makkovik - 310; Rigolet - 245;

Sheshatshit - 500.

Ethnically, five of the six coastal communities have

mixed populations , proportionally represented by 800 Inuit

and 1300 persons of Inuit and European ancestry known locally

as "settlers". .(H.A. Williamson, Initial Social & Economic

Evaluation of the Labrador Coast, July, 1980.) One coastal

community - Davis Inlet is populated by Naskaupi Indians.

- 31_

The six coastal communities are linked to the central

fr

area (Happy Valley-Goose Bay, Sheshatshit, North Wes River) ,

by ship during the 4-5 month shipping season, as wel I 'as by

twin-engine aircraft during summer and solely by this means

-during late fall and winter - some seven to eight months.

Construction of dirt airstrips have done much over the last

several years .to address interruptions in air travel, particularly

during "freeze-up and "break-up" but little to address the

unpredictability of visual flight restricted air travel.

Only Postville and Hopedale are now without airstrips. Thus,

if an expression typifies events in coastal Labrador it is

"weather permitting". (Local residents also travel between

communities on snowmobiles and boats.)

I shall not comment at any length on the economics of

the area other than to say that there is a reliance on sub-

sistence hunting and fishing, commercial fishing restricted

to a couple of month period and welfare transfers.

Incidences of conflict with the law are quite high

in Northern Labrador but summer months are low and at times

non-existent due to people's busy involvement in the fishing.

Both that people are busy with the fishing during fishing

season and that many families move outside of the permanent

communities might be offered as correlations to low conflict

statistics. Over 14 of Nain's population migrates during

summer, 1/4 of Davis Inlet, 1/8 of Hopedale's, smaller proportions

of Postville's .and Makkovik's and nearly 1/2 of Rigolet's.

(H.A. Williamson, Initial Social & Economic Evaluation of

the Labraàor Coast.)

While juvenile court appearances statistics cases reported

by RCMP, charges laid,require a closer examination than is

possible here, a preliminary examination of court appearances

over the last several months indicate the following:

-32 -

NAIN April March Feb. Nov. Oct. Sept.

8 3 14 26 37

I would hasten to add the following:

1.) Juvenile cases in Nain are heard last during circuit

court and are often postponed for next circuit.

2.) The above figures represent charges laid and one individual

may have more than one charge to appear on.

3.) The above figures are appearances, not convictions.

4.) A number of cases are repeaters through the system.

(This is significant in terms of eligibility criteria

for "alternative measures".)

5.) The high majority of charges dealt with are "break and

enters" and "thefts". (The former will also be signfi-

cant in terms of what charges will be eligible for

"alternative measures".)

Conversations with various criminal justice personnel

indicate, as do statistics above, that there has been a general

downward trend in the Labrador area of conflict with the

law. It is difficult, at best, to varify any speculation

as to what is contributing to this trend.

Court appearances for Sheshatshit are comparable to Nain

on a monthly basis, although somewhat lower generally. This

can be qualified by noting that Sheshatshit has a weekly

court and postponements are not carried for as extended-period

as in Nain. Again, the charges dealt with are largely "break

and enters" and "theft".

-33_ -

Court appearances for Hopedale, Davis Inlet, Postville,

Makkovik and Rigolet are comparatively low. While itV.s far

from certain what impact the absences of RCMP stationllas

on the number of court appearances, given that Hopedale does

-have a station, neither Davis Inlet, Postville, Makkovik nor

Rigolet has one.

Community Resources:

The Puipose of this section is: to indicate the number

of existing organizations and groups in Northern Labrador

that may be potential target groups for a Public Information

effort; or that maybe potential resources to implement, com-

pliment or network with in the organization and administration

of "alternative measures". Given that each community has

small populations with its leadership having high demands

placed upon them already, an operational consideration must

be to ulitize the organizational resources already at level.

This comment has been made before and is exemplied in comments

to the Solicitor General's Department by the then Labrador

Inuit Association president, Ms. Fran Williams in the establish-

ment stage of the Nain Elders "Criminal Justice Consultant

Project".

Nain:

Labrador Inuit Association (covers all Inuit communities)

Nain Elders (Moravian Church)

Nain Woment. s Group (Day-Care, Temporary Shelter, Clothing

Bank)

Town Council

Recreational Committee

Criminal Justice Consultant Project (Elders/Solicitor General)

Labrador Legal Services, Native Courtworker

Nain Radio Society

Okaalagatiget Society (communications Society covers

all of Inuit communities)

- 34 -

Jens Haven School (kindergarten to grade 12)

Nain Fishermen's Committee

Royal Canadian Mounted Police

Department of Social Services

Rural, Agriculture and Northern Development (store)

Nain Newslatter

Inuit Cultural Institute

Labraddr Inuit Development Co-operation

Nain Craft Shop

Webb's Store

Jenkins Take-OUt

Labrador Inuit Alcohol and Drug Abuse Program

Davis Inlet:

Indian Band Council

Roman Catholic School

Rural, Agriculture and Northern Development (store)

• Department of Social Services

Hopedale:

Community Council

Amos Comenius School

Hopedale Craft and Social Centre

Royal Canadian Mounted Police

Department of Social Services

Rural, Agriculture and Northern Development (store)

Labrador Inuit Alcohol and Drug Abuse Program

Moravian Church

Labrador Inuit Association (Fieldworkers & Board Member)

Fisherman's Committee

i

-35 -

Postville:

Community Council

Fishermen's Committee

Pentecostal Church

Pentecostal all-grade school

Makkovik:

Community Council

Makkovik Women's Group

Recreational Committee

Fishermane's Committee

Agriculture, Rural & Northern Development (store)

John Christian Erharot Memorial School

Labrador Friendship Centre Outreach Worker

Makkovik Carft Centre

Moravian Church

Dept. of Social Services

Makkovik Radio Station

Labrador Inuit Alcohol & Drug Abuse Program

Rigolet:

Community Council

Hudson's Bay Company

Labrador East Intregrated School

Labrador Inuit Alcohol and Drug Abuse Program

Sheshatshit:

Indian Band Council (Trapping Program, Recreation Director)

Naskaupi-Montagnais Innu ASsociation

Radio Society

Indian Alcohol Program

- 36_

Royal Canadian Mounted Police

Labrador Legal Services, Native Courtworker

Sheshatshit Adolescent Group Home

Sheshatshit Group Home

Department of Social Services.

- 37 -

A) Recommendations concerning any special measures . ‘ .at should

be taken to introduce the concept of Alternative Measures _ . in Native communities in Labrador.

Comment: The Young Offenders Act contains some very positive

principles of holding the young person accountable

for their behaviour; and, of affording special protection

of their rights in line with those of the Charter of

Rights and Freedoms. The provision for community service

orders provide for a greater potential involvement of•

the community, bringing together the long term aim

of the criminal justice system and law reform organizations

to have communities accept more responsibility for

problematic behaviour. The related aim was also to

reduce the amount of involvement by the criminal

justice system in areas of conflict that would most

suitably be dealt with in the community. The provisions

for personal service orders allows the potential involve-

ment of victims of crime, and permits potential

reconciliation of victim and offenders. An important

and admirable statutory recognition that high

percentages of offences occur between people who are

well acquainted with one another; and, that legal

processes have not always dealt with the social

realities.

One of the most positive features of the Act is that

of "alternative measures". It provides for the potential

alternative to the judicial process that maximizes

community resolution of conflict, while àt the same

time protecting the rights of the young person le;

- 38 -

Right to Counsel and those of the victim should the

latter consider that the young person has hpt fulfilled

their responsibilities ie; participation in a alter-

native measures not a bar to prosecution. From a

legal standpoint, the Act is positive in this feature

because it now gives statutory sanction to what

previously was an extra-judicial program of the administra-

tion. (A critical issue in Regina vs.Jones B.C.S.C. 1978.)

In general, the Act has embodied, through these features,

practices and programs that have developed over the

last number of years in communities that have service

and human resources to establish and maintain them.

This fact may prove to be a major stumbling block of

the Act as it will apply to small, isolated communities

with high incidences of conflict with the law. While

judicial processes and the protection of rights have

been legislated, only the potential of dispositional

options and alternative measures have.

To move these features from the potential to the real

will depend upon the communities understanding and

acceptance of them as meeting their needs and workable

within their environment. This type of appropriateness

will be measured by the resources that are made avail-

able to communities to establish programs and the ability

of these programs to deal with significant problematic

behaviour.

- 39 -

To introduce the concept of Alternative Me sures

in native communities in Labrador, as elselw ere,

will require the provision of information to existing

agencies, community-based organizations and individuals.

It would be advisable to attempt to integrate as much

as possible the provision of information concerning

"alternative measures" with the provision of information

on the Act in general. However, this should be seen

as providing a backdrop on which to explain in detail

the provision of "alternative measures". Detailed

community consultation toward establishment of programs,

with community-based research occuring aprior have to

be undertaken.

- 40 -

In designing any introductory effort on alternative

measureà, the following should be considered:

1) "Alternative measures" are not defined within the Act,

other than to say they "... may be used to deal with young

person alleged to have committed offences instead of

judicial proceedings ..." (Section 4(1), Y.O.A.) As

well,'these must be part of a progam authorized by the

Attorney General or his delegate or authorized by a person,

or persons within a class of persons designated by the

Lieutenant Governor in Council of a province. A clarifica-

tion is required of "alternative measures" programs, and

what are acceptable or authorized by the Attorney

General etc. It will be difficult, at best, to describe

a concept with numerous qualifying explanations, particularly

in translated materials to Native communities. Explanations

must be clear and concise and relevant. For these reasons

community based research will provide information concerning

relevant items through which to explan how measures maybe

concreteiy designed. As well, major "alternative measures"

program goals (le; on à regional basis or provincially)

need to be clarified to enable on-going evaluation. For

example, goals such as: . "To reduce recidivision"; "To

reduce penetr.attion into the criminal system"; "To

increase community involvement in conflict resolution";

"To provide alternatives to existing dispositional options

le; custody when no community service orders etc. are

available." The inclusion of one or all of these goal

statements, or omissions of them, will drastically effect

program design on a community basis and the evaluation

thereof.

- 41 - .

2) Hopefully, the eligibility criteria for "alternative

measures" programs will be flexible enough to meet

community specific needs. For example, if autholized

eligibility criteria is set at first time offenders,

summary conviction charges then two significant problems

will be excluded:

1) Second or repeat offenders; 2) Section 306, "Break

and Enters". [See recommendation to Department of Justice.]

As well each community differs and flexibility will be needed

' in criteria to apply to each community. Eligibility should,

however, remain as with former diversion programs to be

based on the offence and not the offender.

As well, the decision-making process of actually referring,

or diverting the individual young person must be concise,

given that RCMP and Crown Prosecutors are not in close

proximity to one another. If both levels of discretion

are to be required than a system of frequent communication

will have to be established to allow for quick referral.

Decision-making based on monthly court circuits when Crown

Prosecutors are physically in the communities will make

for undue delay. Clear eligibility criteria will assist

in a speedy process.

4) "Alternative Measure" programs will need to maximize the

use of existing community resources and should have as a

major goal the networking of these resources. For example,

program co-ordinators or a group responsible for the program

should co-cirdinate with other programs of recreational,

cultural groups. Young persons charged with an offence

and who participate in measures programs should be encouraged

to participate in community and land-based activities which

have a focus on Native self-awareness in contemporary society.

- 42 -

This would require co-ordination and linkages/networks outside

the "measures" program. (While "treatment model

i "

have

previously been rejected from "diversion Program '", the

connection of measures programs and recreational/cultural

- ones should be looked at as providing a cultural streengthing

of how the young offender should become accountable within

their cultural milieu - a "learning model".) .

5) "Alternative Measures" programs for Northern Labrador

should aim at involving the young persons' parents and

extended family in arriving at agreements for the performance

of specific tasks; in peridic checking to determine if

tasks are being done; and, in evaluating if tasks have been

completed. Young persons in native communities should perceive

that their parents are an integral part of the community based

program rather than separate from it. In native societies,

grandparents, uncles and aunts played significant roles in

family life. A failure to recognize this has been detrimental

in other programs ie; housing, child welfare.

6) "Alternative measures" programs and the range/scope of tasks

available for the young person to perform must be consistent

with community values as assigned by a community group (either

an existing group or one established for this purpose.)

The assigning of tasks to be performed must be seen as a

function of this community group by the group itself and

the community at large.

7) While community-based groups will be the best mechanisms

through which to develop, establish and run programs of

"alternative measures" provisions should be made in attempting

to introduce these programs for resources to assist in the

administration of the programs. The operation. of alternative

measures will necessitate a close co-ordination with the

police as referral agents to the program; for the bringing

to the attention of the program those young persons eligible

- 43 -

and agreeing to participate; for monitoring of a young

person's progress; for documentation for presentation to

the youth court should the young person be brought into

the judicial process. Community-based groups may not have

the personnel resources, or the financial resources s to hire

personnel or the skills initially to maintain these

responsibilities. I would quickly, note, however that Native

people should be trained to undertake these duties.

e) A system of on-going assessment of program functioning

will be required that is well understood by the community

reference group and those agencies connected with the

program. This would be for trouble shooting during critical,

initial stages and provide a mechanism for encouragement

and support. The design of goals, objectives and the

expected results must be designed in consultation with

the community based group, and evaluation must be, and

perceived to be as much a role of the community as that of

the criminal justice system.

9) The effort of introducting alternative measures to the

communities should also include contact, consultation

and information to government agencies and their personnel

to ensure that they have information on which to base their

involvement and to respond to areas within alternative

measures requiring their co-operation with other agencies

and community groups. Agency personnel are often burdened

with heavy workloads in fulfilling their primary responsi-

bilities and without informational resources on which to

base decisions about their involvement outside of those

responsibilities or related to them. As well, certain agencies

do not have a full-time presence in all communities and

efforts should be directed at keeping these agencies up-dated.

It should also be clearly understood that agencies and

their personnel are as much a part of the community environ-

ment. Their acts or omissions may have a significant, if not

- 44 -

more significant, impact than those of long time residents.

Therefore, it is important that they be aware of programs of

the official criminal justice system and the tommunity.

(This might also point to a need for agency pérsonnel to

have introductory, and on-going in-service workshops on

cross-cultural issues.)

10) If external resources are found to be needed such as funding

these should be put in place for an adequate initial period

• je; one year. The program should then be reviewed based on criteria establish among the various agencies, groups and

funding service prior to the program starting.

11) Statistical information from the criminal justice system

will have to be made accessible to allow evaluation of

"alternative measures" ability to meet overall measures

goals ie; reduction of recidivision if this is a goal.

I note here the primary Goal of special measur2s to

introduce "alternative measures" in native communities

in Northern Labrador.

Goal 1: To undertake a program of information and consultation

in Northern Labrador communities with individuals,

community-based groups, service delivery agencies,

other institutions to explan the significance and

possible workings of "alternative measures" in approp-

riate content and format.

Goal 2: To consult with community groups etc. as identified

in Goal 1, to facilitate discussion and mediate between

and among groups for the purpose of designing, establish-

ing, and on-going administration of "alternative measures"

programs appropriate to the community and its resources.

Goal 1, .Objectives:

Objective 1: To provide information to community groups, individuals,

agencies etc. on alternative measures to provide a

background upon which their involvement might be

solicited.

Related Activities: - To identify community groups, agencies,

individuals to whom information might

be provided.

- To research the needs of target groups

for information, and to research relevant

community cultural contexts in which to

place information on alternative measures.

- 46 -

- To obtain and/or design and construct

informational packages and feedback

mechanisms.

- To create an interest in, arrange forums

for presentations

- Presentaions

- Documentation of feedback.

Objective 2: To consult with the above mentioned groups etc.

to explan the significance and possible workings

of "alternative measures".

Note: While much of this can be accomplished during

activities related to Objective 1 it should be

recognized that there will be a need to have

"working sessions" to design possible program

perimeters. As well, the end product of this

particular objective is to make a link between the

provision of information and Goal 2.

Goal 2: Objectives to faciÏitate discussion and mediate between

and among groups.

Objective 1:

Related Activities - To relay information, ideas, program

perimeters obtained in discussion with

specific groups to others to maximize

common interests.

- 47 -

- To arrange for joint meetings of groups

that otherwise would not meet.

- To develop inventory of available resources

in the community and bring together icnowledge

resources for program designing.

Objective 2: To design, establish "alternative measures"

programs and locate, create resources for on-going

administration for such programs.

Related Activities: - To compile information as obtained in

Objective 1.

- To design potential programs based on

community consultation including:

eligibility criteria; referral mechanisms;

reporting mechanisms; make up and working

of panels/committees; communication net-

works; activities to be undertaken by

young persons - where, how long etc.;

documentation required to courts; mechanism

protect rights; mechanisms to involve

parents/family;

- To assess resource requirements for program

operation as designed.

- To locate resources for program operation

(internal/external).

- To design regular, frequent indications

to the community at large and the criminal

justice system on the programs.

- 48 -

- To design methods of assessment of expected

program results of a frequent naturlfor. trouble

shooting, support and encouragement.

- To consult with groups to assess, modify program

design as required and set realistic implementa-

tion dates.

- To inform appropriate criminal justice personnel

le; youth court judges, of programs start date.

- To design and plan detailed "workshops" for key

players in program.

- To assist the program group to assess needs for

on-going administration to locate resources for

such and/or provide it.

Recommendations:

- That Department of Justice (Attorney General), in

authorizing alternative measures program permit flexibility

in program perimeters to meet local needs le; eligibility

criteria not to exclude "break and enters", "second time

offenders".

- That Solicitor General's, Department of Social Services

allocate sufficient resources to undertake a comprehensive

program of design for the introduction, and if need be,

operation of alternative measure programs in Northern

Labrador.

- 49 -

- That Solicitor General's, Department of Social Services,

Dept. of Justice give serious considerati n under their

respective mandates to establish dispositf onal options

programs under the Young Offenders Act.

- That Solicitor General's, Departmentof Social Services,

Dept. of Justice establish as a major goal of alternative

measures the maximizing of community involvement, and

encourage related agencies, local offices to recognize

this as a legimate goal.

- That Solicitor General's, Dept. of Social Services,

Dept. of Justice enter into an agreement with a

Labrador based organization to undertake a comprehensive

program; and, establish communication networks for the

involvement of their respective local personnel and

head offices.

- That Solicitor General's, Dept. of Social Services,

Dept. of Justice insist upon clear overall alternative

measures goals, and a system of on-going assessment of

programs to meet jointly established local community

program objectives.

Section 4 - Recommendations

on the special needs for

Public Information on the

Young Offenders Act

in Northern Labrador.

I! B) Recommendations concerning special efforts in t e area of

Public Legal Information regarding Young Offenders to

- Native communities in Labrador.

The Young Offenders Act embodies fundamental changes in the

way with which young persons are to be perceived; in the involve-. ment of the young-persons parents; in the potential involvement

of the community in "alternative measures" and in disposition;

in potentially expending the range and scope of dispositions.

It has been suggested that the range and scope of disposition

may, in fact, be limited by the non-availability of program

resources in the community le; lack of open custody facilities,

lack of community service/personal service programs. As I noted

in the previous section in "alternative measures", the lack of

community-based "alternative measures" will, obviously, eliminate

this positive feature of the Act as an option to criminal process-

ing of young offenders.

In the northern Labrador communities of young offenders,

it will be critical to the development of dispositional options,

to alternative measures development and, as important if not

more so, to the community-parents, organizations, the young person -

that the implications of the Act be understood. Not only should

it be understood that a new law exists, but how it will operate;

who the players will'be le the criminal justice personnel, the

resource agencies; and what mechanisms and resources exist, either

within the Act, or outside, through which the community might

respond.

- 51-

These types of goals and objectives to a Public legal

/

information effort imply the use of innovative meas res to

achieve. The effort must not only communicate what the Act

is about, but must result in concrete types of responses from

- its audience. I note specifically here, by way of examele, that

these responses include the exercising by young people of their

rights under the Act; the establishment and operation of

"alternatiVe measures" programs; the establishment and operation

of dispositional options; the involvement of the young persons 4 parents in the judicial and implied processes le community

service orders; the involvement of victims in the process.

I note here the primary Goal of the Public legal information

effort:

Goal: To provide adequate information, in form and content

appropriate to Northern Labrador, on the Young Offenders

Act to enable the young person, their parents, the com-

munity to respond in appropriate ways under the provisions

of the Act.

To achieve this Goal, the following objectives are necessary:

Objective 1: To research the Act and other appropriate informa-

tional sources, consult with resource agencies and

groups on the various implications of the Act.

Related Activities: - To become familiar with the Act.

- To contact various agencies to obtain

clarification of their roles le RCMP;

Social Services; Legal Aid Commission;

Labrador Legal Services; Attorney General

(re: alternative measures); Solicitor

General's.

- 52 -

- To contact appropriate informational

sources for methods of presentation

)

and materials for public informational

efforts with native peop] e le Native

Counselling Services of Alberta media

Section; Maliiganik Tukisiiniakvik Native

Community Theatre; Saskatchewan Native

courtworkers, Labrador Legal Services.

bbjective 2: To establish a network for consultation on the

production of informational materials.

Related Activities: - To contact agencies le Social Services,

RCMP, Legal Aid, Crown Prosecutors, School

Boards; and community based groups to

establish a network for consultation on the

production of informational materials.

- To conduct informal community-based

research on issues of concern regarding

young offenders and legal procedures

involving them.

- To construct adequate mechanisms to

elicit and record information gained

in previous 2 related activities.

Objective 3: To est.ablish goals and objectives of informational

materials.

Related Activities: Assessing information gained from Objec-

tives 1 and 2 above with particular regard

to items requiring coverage in informational

packages. Of particular importance:

1) The New Act replaces the Welfare of

Children Act; 2) Declaration of Principles;

3) "alternative measures" i(in general,

what are they?); 4) Rights!of the young

person ie at police station. le Right to

Counsel (who in this area? howe to obtain),

and assistance of an adult; 5) "Transfer

to Ordinary Court" (why, how it occurs,

what can happen?); 6) "Dispositions"

(What are they, where are custody facilities,

what are community service orders, personal

service order, who can establish these, how?)

7) Roles of personnel ie youth court judge,

youth worker, counsel, assisting adult, polic

8) Reviews of dispositions; 9) Charter of

Rights and Freedoms, Bill of Rights as they

effect Y.O.A.

- Assessing materials and information gained

for Objectives 1 and 2 with particular regard

to: fundamental principles of law, its role

society; and, the fundamental rules and norme

of comtemporary native society.

- Establish clear goals and objectives,

related activites for informational materials

to be produced. (Distinct from goals and

objectives of the "effort" which will have

been established prior to the outset and

similiar to those appearing here.)

-54 -

Objective 4: To design, locate resources for, arrange forums

for presentation of materials; and, ko design

feedback mechanisms.

- To choose appropriate media through which to

accomplish goals and objectives as in objective

3 above. (A preference here is shown toward the

use of audio-visuals ie video tapes, sound/slide

presentation community radio, community theatre,-

see commentary to follow.]

- To design and construct presentation materials,

including translation of into Inuktitut and Indian,

appropriate to audiences le adults, youth.

- To locate local resources appropriate to compliment

presentation materials.

- Arrange for forums of presentation le schools,

organizations, community radio, community councils,

recreational committees, community meetings.

- Design feedback mechanisms and methods to generate

discussion on ways and means of community responding

to provisions of the Act.

- Assist existing groups to generate discussions -

radio program directions theatre groups etc.

Objective 5: To generate interest in the primary informational

material.

Related Activities: - Advertisements

- Posters

- Contacting groups, individuals,

institutions.

• _ 55_

,Objective 6: To present materials, elicit feedback and

generate discussion on the networking fd community

resources to respond to the provisions of the Act.

Related Activities: - To travel to communities, mak.e final

arrangements and present materials.

- To elicit feedback of audiences on the

content and methods of presentation;

respond to questions arising from materials.

- To generate discussion during forums on

existing resources to meet provisions of

the Act; on available resources to assist

in program development from outside communit

on ways and means of establishing resources

within the community.

Objective 7: To Evaluate the Public Information effort and connect

resources with those interested to pursue program

development, arrange for on-going mechanisms of

providing information.

Related Activities: - Evaluate the effort according to goals

and objectives established in Objective

3 above.

- Relay informational needs of communities

to other sources; make recommendations

to agencies and groups on service require-

ments.

- Arrange for access to materials produced

for on-going distribution to public through

existing agencies, groups etc.

• •

- 56 -

Timing: While I will not attempt to make a detailed assessment

iehere of the time requirement to carry out l.his informa-

tional effort (see recommendation 3 this section), I will

note that certain seasonal considerations will have to

be made. Specifically, the months of July, August

and September are inappropriate times to undertake either

the community-based research inplied in Objective 2,

and inappropriate for research with local agencies as in

Objective 1. Communities are busy with the fishing

season, and most agencies are short staffed because of

holidays or changing staff. Start dates, then, would

be best set for late September, early October.

- 5,7 -

Translation: As commentary on the above I note that it would

not be advisable to assume that matelials developed

elsewhere would be effective in communicating

information in Northern Labrador communities.

The idea of merely translating phamplets, posters,

slide materials would be difficult: a) because

they contain blatant and subtle terminologies,

reference to culturally specific experiences; and,

because of this; b) are difficult to locate similiar

or like terms in either Inukkitut or Indian. As

well, while Inuktitut has had a significantly long

period of developing a written system, the Indian

dialects of the area have not. By and large, both

languages-in everyday use are oral languages. In

general, it is a critical error to believe that

translation of written English material into Native

language, or the reverse is as well established as

translation, for example from English to French.

Materials produced for Northern Labrador must be in

English, Inuktitut and Indian.

Use of Varied Media: Given this situation it would be far more

appropriate if informational materials were

produced as audio-visual ones, using as much of

a local context as possible to relate to.

Audio-slide shows are most effective in providing

visual contexts in which narratives can be

placed. Community theatre groups, using locally

researched issues of concern and dramatizing

actual procedures can provide explanatory

information and generate discussion within

a local context. Audio tapes could be utilized

by local radio stations at convénient times

without placing high demands upon their personnel

to air the materials. The method of presenta-

tion of the materials, however, should allow for

58

a high interaction of the audience and

presenter which necessitate discussion sessions

prior to and following the presentation of

packaged materials.

Necessity of Travel: A necessary inplication of conducting a

effort such as this is that each community

be visited not only for presentation purposes 4

but also for making contact with local agencies,

groups, individuals and researching concerns

about youth and the law.

Recommendations:

1. That solicitor General's, Department of Social Services

recognize the special needs of Northern Labrador communities

for information on the Young Offenders Act, and the need

for innovative methods of presentation of such information

in accordance with the cultural, social linguistic features

of the area's residents. [This recognition has already been

made and indicated by the existence of the Nain "Criminal

Justice Consultant Project" and this report.]

2. That Solicitor General's, Department of Social Services

recognize that a major goal of such a public legal education

effort be to assist youth, their parents, the community

to respond to provisions of the Act - le exercising of

rights, maintaining their obligations, operating programs

specifically mentioned in the Act.

-59 -

3.ThatsolicitorGenera ll s ,Department ofsociaLservi ces

undertake, or cause to be undertaken an estimate of the

cost of conducting a public legal education effort in

Northern Labrador. [Costs can be most readily arrived at

by organizations familiar with legal education efforts,

including special costs of translation etc.]

4. That Solicitor General's, Department of Social Services

enter into discussions and enter into an agreementwith a

Labrador based organization to establish, administer,

carry out the effort and co-ordinate the involvement of

various agencies, community groups.

5. That Solicitor General's, Department of Social Services

assist in the attainment of established goals and objectives

by making known its support and involvement to its staff,

projects in Northern Labrador and encouraging their

participation when appropriate.

6. That the Provincial Department of Justice assist in the

attainment of established goals and objectives by making

known its support and involvement to its staff ie Crown

Prosecutors, to those under contract to them ie RCMP

and encouraging their participation when appropriate.

[The author's experience with Solicitor General's Regional

Staff, their projects; Social Services staff; staff of

Department of Justice and the RCMP have been extremely

positive. Labrador Legal Services have had on-going

relationships with each. Solicitor General's has had regular

contact with Labrador Legal Services regarding the "Criminal

Justice Consultant Project" in Nain and personnel from

that project have undergone training sponsored by Legal

Services. Social Services has had a number of their support

staff trained by a Legal Services program. Social Services,

RCMP and Legal Services have been involved in the joint

effort of establishing and maintaining a Juvenile Diversion

-60 -

Project in Happy Valley. Legal Services has on-going

involvement with Crown Prosecutors through the Native

Courtworker Program; and, most recently have been jointly

involved in designing methods to disseminate information

obtained at the Northern Conference in Yellowknife.' I

make the two-foregoing recommendations to ensure a on-going

co-operative spirit, and so that Labrador based personnel

are supplied with information from their respective agencies,

departments to assist them to participate fully.]

7. That Solicitor General's, Department of Social Services

encourage, where ever possible that Native persons be

involved in the public information effort, that they

receive training through existing means to enable involve-

ment. This would be consistent with having information

being intrepreted in a local context and to ensure the

facilitation of response by the communities. Training

materials could be easily constructed and made an integral,

initial step in the program. Native Training & Research

Program, under Labrador Legal Services, auspices could

undertake this training.

8. That Department of Social Services attempt to co-ordinate

the development of positions within Northern Labrador

and dealing with Young Offenders to afford Native persons,

who have gained skills and knowledge concerning the Act

through the information effort to compete for new positions

with the Department.

Whether the implepentation of the Act will result in an

added workload fore the Department in such responsibilities

as youth workers, Labrador Legal Services would not presume

to estimate. However, the author would suggest that a

native person's prior involvement in an effort such as

public information on the Act would serve as a useful

background should staff hiring become a necessity.

_ 61 _

This section of this report is in compliance with Appendix

"B" of the agreement, specifically item:

Reports:

2. Special applications of the Alternative Measures.

Programmes in Native communities in Labrador;

3. The special needs for Public Legal Information; both

content format and breadth in Native communities in

Labrador on the subject of the Young Offenders Act.

This section also address requirements of Appendix "B"

item:

Essential Tasks

To Be Performed:

3. To recommend to the Solicitor General and Provincial

Departments of Social Services and Justice any special

measures that should be taken to:

a.) introduce the concept of Alternative Measures in Native

communities in Labrador; and,

b.) special efforts in the area of Public Legal Education

regarding Young Offenders to Native communities in

Labrador.

This section is in three(3) parts:

A. Background to Northern Labrador

B. Recommendations concerning special measures

to introduce Alternative Measures.

C. Recommendations concerning special efforts for

Public Legal Information.

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