Tsuu T’ina Peacemaking Justice in Canada
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The Tsuu T’ina Peacemaker Court began as a pilot project in 1999. It was developed by the chief and council of the Tsuu T’ina nation with support from the Alberta provincial court. Its jurisdiction is as a provincial court restricted to reserve offenses, and it uses traditional peacemaking methods alongside the normal provincial court process. The judge, prosecutor, court clerks, court worker, and the probation officer are all of aboriginal descent. In addition, the court conducted a community consultation process to identify respected individuals for training and selection as peacemakers. The court meets twice each month in the reserve's council chambers and begins with a traditional smudge ceremony. The crown council and peacemaker coordinator review all ases before the court to determine those that could be resolved through peacemaking. All adult and youth offences except homicide and sexual assault are eligible. In addition, the offender must take responsibility for his actions and the victim must agree to participate before the case will be referred to peacemaking.. Cases selected for peacemaking are adjourned and the peacemaker coordinator assigns a peacemaker seen as fair to all sides. Peacemaking is done through a circle process involving the victim and offender, family members of each, and helpers or resource personnel (e.g., alcohol addiction counselors). Elders are also included in each circle to ensure that peacemaking is conducted properly. In the circle, each person speaks without interruption. Each round in the process has a purpose This process can last from two hours to two days. The offender signs the agreement, which may require actions such as an apology, restitution, counselling, a session with an elder, and community service. Once the agreement is completed, the offender returns to the circle which holds a celebration. When the matter returns to court, the prosecutor evaluates the agreement and the offender’s progress toward it. If the prosecutor feels that these are sufficient, she drops the charges pending against the offender. If not, the peacemaking agreement is considered by the court in sentencing. If an offender does not complete the agreement, the case returns to the court without prejudice to the offender. The purpose of the Tsuu T’ina peacemaking court is to bring healing and restoration to the community. It is being watched by other communities interested in replicating the model. While the Tsuu T’ina court seems to be unique with its focus on peacemaking, other courts have been developed for aboriginal peoples. The Saskatchewan Cree Court, established in 2001, is a Cree-speaking Provincial court. The judge investigates the background of particular crimes and attempts to divert offenders from jail through restorative justice programmes. In Toronto, the Gladue Court meets each week to assess the background of offenders and make recommendations for sentencing and alternatives such as mandatory counselling. ________________________________________ Resources used: Justice Dealt in a Beaver Lodge Peacemaking and the Tsuu T'ina Court Peacemaking on the Tsuu T'ina Reserve
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