Aboriginal Community Justice Programme

Goals & Objectives

To develop, implement, administer and maintain culturally based pre and post charge diversion programmes at Aboriginal Courtworker Programme sites for Aboriginal youth, adults and families who comes into conflict with the law and to provide meaningful alternatives which address the needs of the victims (where applicable).

The objectives are:

To facilitate greater involvement of Aboriginal people in the administration of justice;
Allow offenders to take responsibility for justice related matters;
Address the over-representation of Aboriginal people within the justice system;
Effectively address the root causes of harmful behaviour in a meaningful and culturally appropriate manner.
To enable and empower the Aboriginal community members of the community to progress towards restoration, reconciliation and healing; and,
Address the needs of those impacted by a criminal offence, which could include victims, families, and community.

Programme Summary

The ACJP is an initiative developed in response to the expressed needs by Aboriginal people who have been through the courts (criminal, youth and family) and the broad over representation of Aboriginal peoples within the Criminal justice system.

These programmes provide post charge diversion services to Aboriginal adults and youth. ACJP works closely with the Aboriginal Courtworkers to advocate and negotiate diversion requests. No participant, by virtue of a criminal record or individual characteristics is barred from applying for diversion.

Once a participant has entered the programme, they meet with three trained programme volunteers in a Council Hearing Circle to discuss and create a Disposition/Healing plan. The Council Circles incorporate the traditional teachings of the circle by welcoming the participant into the circle with respect, honour, humility and equality.

Within the circle, the focus is on assisting the participant to begin/continue their healing journey by providing them with support, strength, and assisting them to identify the root cause for becoming involved with the criminal justice system. It is hoped through the diversion experience the participants will have an opportunity to tell their story while also working towards identifying a meaningful outcome. For the volunteers, the experience of participating in the circle, offers them an opportunity to have a direct responsibility in addressing justice related matters in a culturally appropriate manner.

Focus on Success

The following statistical information is a compilation of the Niagara, N'Amerind and Thunderbird Aboriginal Community Justice Programme sites for the 2008/2009 fiscal year:

211 clients were diverted, up from 162 the year previous;
323 charges were diverted up from 277 the year previous;
145 Council Circles were conducted;
36% of clients were between the ages of 18-25;
32% of the clients diverted were under 18 years old;
41% of the clients had a prior criminal record;
17% of the clients had served a custodial sentence prior to diversion;
17% had been diverted previously;
21% of clients had a previous "Fail to Appear to Court" charge;
Highest percentage of charges include: 29% Theft Under $5,000, 9% Assaults, 7% Fail to Appear in Court (Administration of Justice); 6% Fail to Comply with Probation/Conditional Sentence, and 6% Possession of Property Obtained By Crime;
95% of clients attended their Council Circle; and
84% of clients were successfully released from the programme resulting in a withdrawal of the charges against them;

The Aboriginal Community Justice Programmes are growing in use by clients and obtaining referrals from a multitude of sources including defense counsel, Crown Attorney's, Judges, and social services agencies.

Combined between all the programmes, 66% of the clients diverted were 25 years old and younger. The above statistics indicate the programmes are aiding the young people in helping them to make positive changes as a majority of them are being released from the programmes successfully.

Development

Expansion of the Aboriginal Community Justice Programmes is necessary as recently, the Office of the Correctional Investigator have indicated that "Aboriginal rates of incarceration are now approaching nine times the national average". Despite these findings, the funding partners are not discussing further expansion opportunities requiring additional advocacy and negotiations.