Whereas the rate of Indigenous men and women in the Canadian federal and provincial criminal incarceration systems is disproportionately high; And whereas 3 of the population identify as Indigenous and the Indigenous population in our prison system is 27 men and an alarming 38 women; And whereas cultural and spiritual reconnection is facilitated through the guidance of Indigenous Elders and families and the Indigenous Court: Therefore be it resolved that UBCM and FCM lobby the Canadian federal and provincial governments to fund and expand the Indigenous Court System.
Ministry of Attorney General Government is interested in supporting the implementation and expansion of Indigenous Courts, which are problem solving courts within the British Columbia court system. Their overarching goal is ensuring a holistic, culturally appropriate approach to Indigenous offenders and finding solutions, other than incarceration, to the underlying criminal behaviour. Each Indigenous Court is developed to meet the unique needs of the host community. They are developed in consultation with local service providers, prosecution, the judiciary and the Province. These specialized sentencing courts recognize the unique circumstance of Indigenous offenders. They balance the rigor and legal requirements of the traditional court system with Indigenous ways. In Indigenous Court, the offender, judge, lawyers, Elders Knowledge Keepers and others may be observed sitting in a circle around the table. Participants hear about the unique circumstances and background of that offender. Participants discuss the offending behaviour and its impacts, while working collaboratively to develop a Healing Plan. This assists in offender rehabilitation and seeks to acknowledge and repair the harm done to victims and the community. A Healing Plan can include both traditional and non-traditional, culturally relevant, elements of sentencing, such as attending sweat lodges, meetings with Elders, or reconnecting with the community. A Healing Plan can be incorporated in the Judges sentence as part of the probation order. In some instances, Indigenous Courts also create space for victim participation in the process. Indigenous Courts generally adopt a restorative justice approach to sentencing, preferring a non-adversarial and non-retributive approach to justice that focuses on healing, holding the offender accountable, reducing recidivism, and reintegrating the offender into the community to achieve better justice outcomes. Indigenous Courts currently operate in six British Columbia communities New Westminster, Duncan, Kamloops, North Vancouver, Merritt and Prince George. Williams Lake will be the host of British Columbias seventh Indigenous Court.