Kirsten Larsen
Northern News Services

NNSL (Mar 01/99) - Community elders are taking some pressure off Northern courts with the establishment of a community-based justice system.

A group of more than 12 elders have been learning the finer points of law while sitting in on justice of the peace (JP) court sessions in Rae-Edzo since September. The elders are acting as collective advisors to the judge in a manner similar to that of a jury, and are preparing to go one step further to start up a community-based system as early as June.

The group of elders, which would act independent of a judge, would make decisions on certain cases involving minor infractions. The RCMP would decide which cases the group would handle.

"It will take pressure off the courts," said Sgt. Frank Foran of the Rae RCMP detachment. "It will give (the courts) the quality time it needs to deal with cases that are not getting the attention they deserve. It also works to involve the community in the decision-making process by way of giving out sentences for minor infractions committed by people in the community."

The community justice system is not a new concept. It is becoming more popular in the North as communities realize its possibilities and the RCMP and judges recognize its co-operative nature.

Fort Resolution has expanded its community justice system to include an elders' senate court and an elders' sentencing circle, along with a continuing advisory committee of elders in its JP and territorial court levels.

Danny Beaulieu, a judge for the JP court in Fort Resolution, has been holding workshops in the Dogrib communities since 1992 to familiarize the people with the different levels of a community justice system and what they are designed to accomplish. He said elders who sit in as advisors at the court level act as a jury, but also have a unique privilege in the Fort Resolution court.

"The elders ask questions of anyone in court," said Beaulieu. "They leave the court room as a jury does to make decisions but before they leave the room they can ask questions of the RCMP about things like details... (They can ask) the JP about points of law.

"Let's say for example there is a mother in court (witnessing her daughter's trial). They might ask the mother, 'What do you think? What should we do?' When victims are in court they can ask them. It's not how we can punish the (accused) but how to help the person."

At the more independent level of the community justice system, the RCMP can direct people to stand before an elders' senate court or sentencing circle if they admit to their infraction or crime before being formally charged. The RCMP charge the person on behalf of the community, who are then ordered to attend the elders' court and comply with their sentencing or face legal charges and a court trial.

"It is at the discretion of the police," said Beaulieu. "Of course things like spousal assault and sexual assault obviously go to territorial court."

Beaulieu said the difference between the hearing procedures of an elders' senate court and sentencing circle is mainly the intensity and time involved in the hearing.

"Elders' senate court is faster," said Beaulieu. "It's more like regular court. The elders ask (the accused if they) admit their crime. They ask the RCMP for the facts, then ask (the accused) if this is (accurate). They might ask the RCMP their opinion about what to do. They might ask (the accused) for suggestions. They may ask the wife and children... If they feel they have enough evidence they adjourn and then come back and sentence the person."

The elders' sentencing circle involves a more traditional approach -- much like a healing circle. It begins with an opening prayer, and the community and family members who are involved or affected by the accused or the situation can speak uninterrupted when a feather is passed to them on its way around the circle.

Beaulieu has been integral in encouraging Dogrib communities to start up community justice systems. Different levels of the system already exist in the communities of Lutsel K'e, Wha Ti, Hay River Reserve, Fort Resolution, Rae and Fort Rae.

Beaulieu said the system is making people more accountable for their actions by dealing with sentencing at the community level.

"Where else are you are you going to get sentenced by elders, by people you know and then be standing in line at the post office with them the next day. You have got to be a little shameful."