Background

The Saskatchewan and Canadian Justice Systems have been of primary concern to the First Nations since the signing of Treaty. Over the years, many justice commissions have reported on the ineffective relationships between First Nations and these systems. The Government of Saskatchewan produced two notable reports on this issue. The first came out in 1985 titled Reflecting Indian Concerns and Values in the Justice System. It was followed in 1988 by a report titled Doing Things Differently, Doing Things Better: Proposals for Change. Both reports produced a number of recommendations related to customary law, law enforcement, reduction of incarceration, establishment of community justice workers, and numerous on-reserve justice programming initiatives.

In 1991, the Saskatchewan Indian Justice Review Committee was established with the FSIN, Saskatchewan Justice, Justice Canada and Solicitor General Canada. Its purpose was to recommend community-based justice services within the context of the existing criminal justice system. It was stated that meaningful change can only happen when communities are actively involved, and communities share in the responsibility of making changes.

The Indian Justice Review Committee advanced 93 recommendations to make the criminal justice system more responsive to First Nations. Some noteworthy reforms included: community-based justice programming for youth and adults, policing services and police management boards on reserve, access to court processes, and community-based and institutional correctional programming for youth and adults. Despite the expanded role of First Nations in the delivery of justice services in Saskatchewan, the disproportionate rates of incarceration and socio-economic disparities showed little signs of real improvement. The justice reforms to date have not had the desired effect of restoring confidence in the current justice system.

In November of 2001, the Commission on First Nations and Metis Peoples and Justice Reform was established. The Commission, also known as JRC or the Justice Reform Commission, was mandated to hold hearings regarding justice reform “with the intent of devising solutions to overcome the systemic discriminatory practices and address attitudes based on racial or cultural prejudice.” All components of the criminal justice system including, but not limited to: policing, courts, prosecutions, alternative measures, access to legal counsel, community corrections, youth justice, community justice processes, and victim services were discussed in the hearings.

First Nations communities were involved throughout the JRC process; they spent time and energy to meet with the Commission, dialogue, and make their views known. The final JRC report was released 21 June 2004; it contains many program and service recommendations that have the potential of addressing meaningful change in the communities. However, First Nations have articulated very clearly that they have the answers to resolve many of their own justice issues. Some of these answers are included in the recommendations of the Justice Reform report.

The Federation of Saskatchewan Indian Nations (FSIN) was also involved throughout the entire justice reform process, from developing the terms of reference for the Commission, accompanying the Commission on community visits, presenting to the Commission on six separate occasions, to discussing ways to implement the recommendations. FSIN will continue to be involved to ensure that the priorities and aspirations of Saskatchewan First Nations are implemented.

Government Response to the Reports on Justice

In 1993 the province developed and adopted the Saskatchewan Aboriginal Justice Strategy (SAJS). It focused on four main areas: (1) crime prevention and reduction; (2) building bridges to Aboriginal communities through community-based justice development; (3) employment equity and race relations; and (4) self-determination and self-government.

Canada did not become actively involved in addressing First Nations’ concerns regarding the justice system until 1989 and did not develop a justice strategy until 1996. The Aboriginal Justice Strategy (AJS) identified four main types of justice programs that communities could develop with AJS funds. They included: (1) Diversion/Alternative Measures; (2) Community Sentencing; (3) Mediation; and (4) Tribal Courts.

It is important to note that the Federation of Saskatchewan Indian Nations has led Canada in the area of First Nation Peoples justice programming, even before 1985. Included in this programming were initiatives such as:

  • An Aboriginal Court Worker Program;
  • An RCMP Special Constable Program;
  • An on-reserve Justice of the Peace Program;
  • An on-reserve Parole/Probation Officer Program;
  • A Corrections Officer Training;
  • A highway Traffic Officer Training and Employment Program;
  • An on-reserve Supernumerary Security program; and
  • A Resource Officer Training and Employment Program.

Saskatchewan Justice has provided program funding to the FSIN since 1994-1995, and Canada has provided program funding since 1996. Currently, Canada and Saskatchewan jointly fund the Policy and Planning Office; the Research and Development Office; and the Policing Office. Saskatchewan Justice is now the sole funding agency for the Special Investigations Unit.

Objective

The Policy and Planning Office advances the governance agenda as directed by the Indian Justice Commission for justice institutional building and legislative developments, while supporting First Nations in fulfilling their objectives of building governance capacity within their respective territories.

Program Delivery

This Office facilitates the development of just relations frameworks, strategies and protocols that provide optional province-wide governance processes that recognize First Nations’ inherent authority and Treaty rights. It is the bridge between the legislative/executive arms of government and the public service. It ensures efficient and effective use of Secretariat human and financial resources, and ensures that the Secretariat provides quality services to the organization. Some current policy items include:

  • Framework development for Just Relations that focuses on governance, life long learning, economic, health and social well being;
  • Circle protocol development to resolve personal and community conflict through prevention and intervention;
  • Legislative development for the province-wide First Nation Police Service; and
  • Policy development for First Nation internal and external consultation.

The Policy and Planning Office has the overall responsibility for developing relationships and conducting negotiations between federal and provincial governments and FSIN, private agencies and individuals. It prepares budgets, monitors expenditures, facilitates staff planning sessions, and reports to the Indian Justice Commission on all just relations developments.