Overview
 
For the past several decades, Aboriginal offenders have been labeled and identified as a people having special needs. This is a reflection of both the high levels of Aboriginal incarceration within the correctional system, as well as the special status of Aboriginal culture within Canada. As a result, specific Aboriginal programs and policies have been developed at the federal, provincial, and territorial levels. These initiatives are based on the assumption that disruption and/or loss of culture are at the root of Aboriginal crime. Some policies and programs have and are being developed based on a belief that a renewal in culture is the solution.^cv
 
Present federal government policies and initiatives are premised on consultation with Aboriginal political bodies, provincial and territorial leaders. The aim is to build an enhanced relationship between all the participants involved with Aboriginal justice issues that is based on trust, dignity, and equitable participation. Therefore, according to federal mandates, policy objectives for improved justice administration for Aboriginal people must be practical and focused on the achievable with all participants willing to support reform.
 
Following the First Ministers Conference on Aboriginal Affairs in 1987, the federal government began to assume a leadership role in formulating a commitment to establish a new relationship with Aboriginal peoples, a partnership based on respect and trust. It was envisioned that through such a partnership, a practical agenda for reform could be shaped and implemented. In 1996, the federal government reiterated this commitment in these words in the Red Book, Creating Opportunity:

During the nineties, the federal government introduced initiatives designed to break new ground in the provision of justice services to Aboriginal peoples, in order to make the system more responsive to Aboriginal concerns, needs and aspirations. Four innovative strategies introduced sweeping changes in the areas of policing and law enforcement, justice and sentencing, and corrections.
 
The Correctional Service of Canada commenced implementing the recommendations of the 1987 Task Force on Aboriginal Peoples in Federal Corrections. It also initiated the Task Force on Federally Sentenced Women, which recommended the establishment of a Healing Lodge for Aboriginal Women, and entrenched the vision that moved the concept of incarceration beyond punishment. In 1991, the federal government also introduced two new policies, the First Nations Policing Policy, which brought Indian policing to on-reserve communities, and the Aboriginal Justice Strategy, which introduced innovations in sentencing, diversion and dispute resolution.
 
First Nations Policing
 
The First Nations Policing Policy (FNPP) was introduced by the federal government in June 1991 to provide First Nations communities on Indian reserves, certain Indian communities on Crown land and Inuit communities across Canada with access to police services that were professional, effective, culturally appropriate and accountable to the communities they serve.
 
The FNPP, administered by the Department of the Solicitor General since April 1992, operates on the principle of partnership. Under the policy, the federal, provincial and territorial governments and First Nations communites negotiate tripartite agreements for police services that meet the particular needs of each community.
 
An independent review of the first five years of operation of the FNPP found the policy framework to be "relevant, sound and on-track". The review also found that provincial, territorial and most First Nations partners believe the tripartite process is the most effective way to address First Nations Policing at this time.
 
The federal government reaffirmed its ongoing commitment to the FNPP in 1996, and approved minor revisions to highlight its public safety dimension, to support First Nations to become self-sufficient and self-governing, and to maintaining partnerships with First Nations based on trust, mutual respect and participation in decision-making. It also assumed responsibiltiy for promoting more effective policing for Aboriginal Peoples residing off-reserve. Policy principles pertaining to the implementation of the FNPP address such issues at the quality and level of service; responsibilities and authorities, responsiveness to First Nations cultures and needs, police service options, selection of police service models, implementation of new arrangements, police accountability and independence. police oversight, legislative framework, and cost shared arrangements.
 
Aboriginal policing has become an important first step in addressing the need to make the justice system more responsive and culturally sensitive to the requirements of Aboriginal people. Some of the benefits of these programs include:

• decreased number of arrests;
• decreased tension when an Aboriginal police officer is involved, and
• combination of police training with an officer's knowledge of and commitment to the community.

However, it is also note that many First Nations police forces, such as the Dakota Ojibwa Police, the first tribal police force of its kind, established in 1978, face problems caused by ongoing funding uncertainties. Many forces have been unable to plan adequately for the long term and experience high attrition rates because of low salaries and the pressures to provide police services for Aboriginal officers among family and/or friends on-reserve. They also do not always have proper detachment offices or housing. As with many of the federal and provincially funded programs (not necessarily limited to criminal justice initiatives), insufficient resources to adequately implement new programs appear to only compound the problems experienced in Aboriginal communities. Non-Aboriginal political bodies are beginning to recognize the importance of supporting policies designed to address important Aboriginal criminal justice issues and to maintaining their commitment to fund these programs.
 
Aboriginal Justice and Aboriginal Representation Within the Judicial System
 
In 1991, the federal government also approved the Aboriginal Justice Initiative, and the Department of Justice became became responsible for its implementation. During the first five years, it conducted a wide range of consultations with Aboriginal communities, and supported over 600 projects exploring new approaches in the provision of justice services. In 1996, the initiative was renewed as the Aboriginal Justice Strategy, and the Department of Justice was mandated to:

• Negotiate the justice components of agreements negotiated under the Aboriginal Self -Government Policy
  
  
• Negotiate agreements pertaining to the administration of justice with 25-30 First Nations, Inuit and North of 60 degree latitude Metis communities intending to enter into self-government negotiations within five years;
  
  
• Negotiate agreements that would give the Aboriginal community in up to 12 urban and rural communities off reserve a significant role in dealing with the Aboriginal accused;
  
  
• Establish an Aboriginal Justice Learning Network to serve as a vehicle of communication between the mainstream justice system and Aboriginal communities.

A range of Aboriginal justice strategies and initiatives are now being implemented across the country. These include:

• increased appointments of Aboriginal judges, justices of the peace, police officers, corrections officers/workers and court workers;
  
  
• establishment of Aboriginal justice of the peace courts under the Indian Act;
  
  
• cross-cultural education of non-Aboriginal judges, lawyers, police, corrections officers/workers, and
  
  
• incorporation of Aboriginal processes such as diversion programs, elders panels, and sentencing circles into the present criminal justice system,.

As a result of having so few First Nations people working within the judiciary, many Aboriginal accused of a crime appear in court without properly understanding their rights, court procedures or the adversarial nature of the system. Expanding the Aboriginal representation within the judiciary :

• leads to a greater understanding of Aboriginal values and traditions,
• influences their participation in court in a positive manner,
• improves relations between criminal justice authorities and Aboriginal peoples;
• is of economic and social benefit to individual communities, and
• generates pride among Aboriginal communities.

The employment of Aboriginal court workers has aided Aboriginal offenders in many ways. Aboriginal judicial employees assist offenders with improving their understanding of the justice process, they help the accused find counsel and interpretation for counsel, assist with preparations for bail hearings, pre-sentence reports, and provide recommendations for probation orders.
 
The Manitoba Justice Inquiry suggests the enactment of an Employment Equity Act to ensure that Aboriginal peoples are hired at all levels within the justice system, with targets that reflect the numbers of Aboriginal offenders served by the judicial system in any given area. The Inquiry also "presses the need for more Aboriginal lawyers. In 1988, there were 43,000 lawyers across Canada and yet there were fewer than 200 First Nations lawyers.^cvi In order to hire more Aboriginal judges, more Aboriginal lawyers are required.
 
Over the past 10-15 years, the majority of both provincial and federal government spending on Aboriginal justice programs has been invested in creating a representative criminal justice system.
 
Sentencing Circles
 
Sentencing circles are a good example of a culturally-sensitive approach to justice. Many Aboriginal offenders, after their initial contact with the criminal justice system, complain of the judicial system's inability to offer culturally appropriate rehabilitation. Increasing levels of Aboriginal crime have also prompted changes with the judicial system. As a result, the past several years have seen a shift in policy, within many levels of governments, to a judiciary that responds not only to the cultural needs of Aboriginal offenders, post-arrest, but also the initiation of proactive crime prevention programs. One such approach designed to meet Aboriginal cultural needs is the sentencing circle program.
 
Sentencing circles first gained the attention of the Canadian criminal justice system in the early 1900s within the Yukon Territorial Court. The initial case involved a repeat offender for whom the conventional judiciary offered little to no option for rehabilitation, but with whom a community circle process proved effective. Sentencing circles involve the accused, his or her family, judiciary representatives, members of the accused First Nations community, and if the offence involved a victim, he or she may also participate. The circle does the following:

• approaches the conflict in a culturally appropriate manner;
• contributes to a wide ranging examination and exploration of ways to change the circumstances of the offender;
• brings together the resources of family, community, and institutions to find a solution, and
• makes recommendations to promote law-abiding behavior rather than punishment for the criminal act.

Many Aboriginal communities are developing community justice committees to address matters related to criminal behaviour.
 
Alternative Measures for Aboriginal Youth
 
Provincial and territorial governments have recognized the importance of proactive approaches to crime and created new policy designs to meet the needs of First Nations youth. The following are descriptions of the types of programs dealing with Aboriginal young offenders intended to promote healing and their community reintegration.
 
Diversion Programs

In some communities, Diversion Council have been developed to deal with youth who have been charged with summary or minor indictable offences. The committee meets with the accused, his/her parents, the victim and the police authority. This program is set up to reflect concepts prevalent in Aboriginal justice including the importance of community and the concept of reconciling the parties in conflict. The youth can be required to offer an apology and/or pay restitution to the victim, or perform community service.^cvii Both options keep the young offender out of the court system and in the community where he/she can be supported.

These types of programs allow for stakeholders to have their voices heard on the issue at hand. In addition, the community is provided the opportunity to play a role in the outcome.
 
Bush Camps

The premise of a bush camp is to remove the youth and place him/her in a remote camp to receive training in bush crafts and traditional ways of life and survival. The initial step of the program removes the youth from the community affected by the crime. The offender is then taught to play a useful role within the community and gains a sense of belonging and achievement. Upon completion, the programs allow for a successful re-integration process of the youth into the community.
 
The last 20 years has seen a strong acceptance of bush camps as a means of rehabilitation for both Aboriginal and non-Aboriginal youth. Due to the strong First Nations cultural connection with the land, it is believed these programs are of greater benefit for Aboriginal than non-Aboriginal people.^cviii
 
Aboriginal Youth Justice Committees

Aboriginal Youth Justice Committees (YJC) have increased in popularity across the country with provincial and territorial governments. Section 69 of the YOA provides legislative authority for the formation of YJCs. The committees consist of a selection of volunteers working together with various parts of the criminal justice system and community agencies to deal with the young offenders in a particular community. YJCs are formed with representative members of the Aboriginal community and a respected elder. Their objective is to identify the needs of the accused and recommend an appropriate sentence before the courts.
 
YJCs are an alternative to formal judicial proceedings and can serve a variety of functions. These responsibilities range from implementing culturally appropriate alternatives to court proceedings, mediation between parties of a crime, encouraging victims to participate in the criminal justice system, and providing an avenue of community empowerment by giving them an active role in the administration of the judicial process.
 
Criteria eligibility differs from committee to committee, but there are general parameters for deciding if a youth is eligible to have his/her case heard before a YJC, including:

• the youth must be 12-17 years of age at the time of the offence;
• he/she must have no prior criminal record,
• the offence must be deemed appropriate for the program (eg. property offences or theft), and
• the youth must accept responsibility and consent to participate in the program.^cix

A committee considers all the evidence and arguments presented before them and decides upon a disposition. There are a number of possible decisions a YJC can hand down, including:

• a written or verbal apology to the victim;
• community service work,
• a written essay related to the offence, and/or
• abiding by curfew restrictions and/or counselling.^cx

Although many benefits are derived from YJCs, there are several obstacles facing their widespread and successful implementation. Administrative expenses as well as those incurred by committee members are frequently not covered because of inadequate funding. Financial limitations also hinder a committee's ability to network and share information on a national scope. Finally, eligibility restrictions limiting the use of the committees to first time non-violent offenders excludes a large number of youth who could benefit from the program.^cxi
 
Federal Corrections
 
The Corrections and Conditional Release Act (CCRA-1993) is the only piece of correctional legislation that includes implementation provisions for the delivery of Aboriginal correctional programs and services. It states that CSC shall "provide a range of programming designed to address the needs of Aboriginal offenders and contribute to their successful reintegration into the community."^cxii Sections 79 to 84 of the CCRA recognize the special needs and unique environments of Aboriginal offenders and require the National Parole Board and the Correctional Service of Canada to develop policies and programs sensitive to Aboriginal needs and circumstances.
 
The Correctional Service of Canada (CSC) has played a leading role in developing and implementing ground breaking initiatives to advance Aboriginal Corrections over the past decade. The CSC Commissioner's Directive, Aboriginal Programs (1995) contains five policy objectives involving individual rights of Aboriginal offenders and their cultural practices. It directed that Aboriginal-specific programs be implemented, replacing regular existing initiatives or in addition to existing programs, when the circumstances deemed it necessary. Conditions where a replacement program was regarded as appropriate included situations involving language becoming an interfering factor, and differences in cultural approaches to learning becomes too large a hurdle to overcome.^cxiii
 
Other innovations introduced by the CSC include the hiring of native liaison officers, the provision of Elders' spiritual services in institutions; and the operation of correctional facilities and healing lodges by Aboriginal communities. The Okimaw Ochi Healing Lodge for federal women offenders is a unique correctional facility designed to incorporate Aboriginal approaches to healing, personal growth and safe reintegration. The Pe Sakastew Centre for male federal offenders operates in a similar fashion.
 
 
CSC has developed other strategies to further advance Aboriginal Corrections. Key initiatives presently underway include the following:

A National Aboriginal Strategy to ensure the provision of programs and services to meet the specific correctional needs of Aboriginal offenders and to increase the number of Aboriginal offenders safely and successfully reintegrated into the community. It addresses the development and implementation of Aboriginal programming in institutions, including those delivered under contract by Aboriginal organizations or individuals, and ensures that they are culturally designed and promote holistic healing.

Framework for the Enhanced Role of Aboriginal Communities: A framework has been developed to provide the administrative parameters under which some or all of the federal correctional components can be transferred to Aboriginal communities

An Aboriginal Research Forum brings together experts presently working in the field of Aboriginal research with a specific focus on correctional programs and practices.
 
 
CSC and National Parole Board (NPB) Advisory Committees have advisory boards whose duty it is to advise these agencies about Aboriginal issues. Both have mission statements and various policies addressing issues and concerns relating to the social and cultural differences of offenders.^cxiv
 
Provincial/Territorial Programs
 
Some provinces, such as Ontario, Alberta, and British Columbia have designated justice branches or directorates to deal with Aboriginal issues and develop appropriate policies. The Aboriginal-specific policies found within the provinces and territories follow the same general principles/philosophies found at the federal level.^cxv The only significant differences between the policies implemented at the different levels would be the number of programs offered.
 
Aboriginal specific programs include Native Liaison Services, Traditional Spiritual Practices, Substance Abuse Treatment, Aboriginal Literacy and Educational Programs, Cultural Skill, Community Reintegration, Sweat Lodge Ceremonies, Employment Training, and Anger Management and Family Violence Programs.^cxvi The programs offered depend upon the demands within specific regions of the country.
 
Summary
 
Different approaches are presently directed at reducing the number of Aboriginal people involved in the criminal justice system. Creating a representative judicial system, cross-cultural education for those involved in the system, and sentencing circles are some successful initiatives. It is important to recognize that within the First Nations justice approach, there is a diversity of traditions and processes to choose from and utilize appropriately. For example, sentencing circles appear to be foreign to the Inuit people but they understand its underlying healing approach. In addition, many alternative measures programs are in place designed to provide culturally suitable rehabilitative options for Aboriginal youth.
 
 
Aboriginal programs and policies have been developed at federal, provincial, and territorial levels, recognizing Aboriginal offenders have specific needs. The policies are important in developing treatment programs culturally appropriate for First Nations offenders. Aboriginal and non-Aboriginal correctional officials should be urged to be more active in taking advantage of legislation benefiting Aboriginal offenders. For example, Section 81 of the CCRA provides the opportunity for formal agreements between the Solicitor General of Canada and Aboriginal communities to take responsibility for the care and custody of Aboriginal offender.


CONCLUSION


Historically, Aboriginal people have been subjected to a of forced assimilation. With time, Aboriginal people have become dependent upon the political, economic, and legal structures of the governing society. The Canadian judicial and correctional systems became mechanisms of social control with which to impose the way of life on Aboriginal people.
 
Aboriginal peoples have greatly suffered at the hands of the non-Aboriginal criminal justice system, a system that is culturally inappropriate for them. As a result, Aboriginal people are today faced with disproportionately high levels of incarceration. In addition, socio-economic factors affecting many Aboriginal communities (unemployment, lack of education, alcohol abuse, poor living conditions) are generally the precursors for criminal activity.
 
It is important to effect changes within the criminal justice system to respond to the needs of Aboriginal peoples, and eventually return the mechanisms of control back to Aboriginal communities, so that they may determine their own destinies.