Canada’s justice system is failing Aboriginal youth and their communities, Feathers of Hope report concludes

Toronto (March 7, 2016) – Intimidating, foreign, unjust and discriminating are just some of the words used by youth to describe the relationship between Aboriginal people and the justice system, according to a new report by the Office of the Provincial Advocate for Children and Youth. Feathers of Hope Justice and Juries: a First Nations Youth Action Plan for Justice captures the voices of young people from across Aboriginal communities in Ontario, and was released in simultaneous events held on Parliament Hill and at the Ontario Legislative Assembly.

“From an early age, many Aboriginal youth view the justice system as a system that punishes and shames individuals, apprehends a disproportionately high number of children into care, and fails to protect those in need, especially Aboriginal women,” said Irwin Elman, Ontario’s Provincial Advocate for Children and Youth. “Unless fundamental changes are made to create a more inclusive and fair justice system we will continue to alienate future generations of Aboriginal people.”

In November 2014, more than 150 First Nations youth between the ages of 15 and 29 participated in the “Feathers of Hope: Justice and Juries” youth forum in Thunder Bay to address the under-representation of First Nations people on juries. The youth forum was held at the request of former Supreme Court of Canada Justice Frank Iacobucci who authored a report on the under-representation of First Nations people on jury panels. The under-representation of
Aboriginal people on juries has contributed to lengthy delays in criminal trials and inquests proceedings. In Thunder Bay, a coroner’s inquest into the deaths of seven Aboriginal teens is underway, but only after a lengthy three-year delay due to a lack of Aboriginal jurors.

“Aboriginal youth have ideas for renewing the justice system and we’re ready to help build a new relationship with Aboriginal people, one that’s based on a foundation of equality and inclusiveness,” said Shane Monague from Christian Island, Beausoleil First Nation and a member of the youth advisory committee with the Office of the Provincial Advocate for Children and Youth. The stories and ideas of the young people who attended the forum are summarized in the following:

The gap between the justice system and Aboriginal culture, tradition and history

• Youth feel disconnected from the justice system, which they view as a foreign institution rooted in punishment and blame. This approach does not reflect Aboriginal values and beliefs that are based on restoration and healing. Most youth said they were more open to serving on inquest juries (rather than on criminal trials) since they’re not focused on assigning blame.
• Many youth said they had limited knowledge about how the justice system worked and their individual rights, yet too often they felt the direct impact of the justice system on their lives. Without this understanding, many youth said they were unwilling to serve on juries (despite it being mandatory) or seek a career in law or policing.
• Youth spoke repeatedly about the need for their communities to have educational programs about the justice system and to have this information readily available in schools or through band office training.
• Forum participants believe that discrimination, racism and stereotypes about Aboriginal people are reflected in the jury process because they are buried in the beliefs and unconscious thinking of mainstream society. Trust, respect and inclusivity must be central to the foundation of the justice system.
• Youth believe that many professionals (e.g. judges, police, and lawyers) who work in the justice system lack an understanding of Aboriginal legacy issues and its ongoing impact on the daily lives of many Aboriginal people, including poverty and addiction. This lack of understanding creates negative stereotypes and systemic discrimination across the justice system. Out of the 150 youth who participated in the forum, almost all had experienced first-hand or witnessed acts of racism directed at them or a family member.
• Youth spoke about feeling left “outside” of the court system. Life-changing decisions were sometimes made without first explaining the young person’s rights to them or clarifying complex legal terms and processes.

Read More: http://provincialadvocate.on.ca/documents/en/FINAL_QP_release_En.pdf

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