IndigenousCourt Workers

Roles & Traditional

Practices Within the Courtroom

COURT WORKERSPETER ISAACS &

SHELBI JONATHAN

Introduction➢Peter Isaacs – Otsitenkowa - Mohawk Wolf Clan.

➢Shelbi Jonathan- Iakononiakwa - Mohawk, Bear Clan.

➢ Indigenous Court Workers Roles

➢Traditional items within the court room (eagle feather and other traditional items, smudging )

➢Statistics and trends of Indigenous people at Brantford Courthouse.

Indigenous Criminal Court Workers Role

❖Provide assistance to all Aboriginal people who are in contact with the legal system whether they are Status, Non-Status, Métis or Inuit.

❖Help clients receive fair and equitable treatment from the legal system.

❖Assist clients in gaining a better understanding of their rights and obligations in the legal system.

❖Providing a variety of services and referrals for Aboriginal people who require support in criminal and family court.

❖Referral to Legal Aid and assistance with obtaining a lawyer who takes Legal Aid Certificates

❖Assistance in filling out court paper work and delivering them to proper offices

❖Funded by Ministry of the Attorney General through the Ontario Federation of Indigenous Friendship Centre’s

Indigenous Youth Court Workers Role

● Assist any youth between the ages of 12-17 years old identifying as First Nations, Inuit or Metis.

● Explanation of the charges and court orders against the accused.

● Referral to Legal Aid and assistance with obtaining a lawyer who takes Legal Aid Certificates and section 25 applications.

● Assistance in filling out court paperwork and delivering them to proper offices.

Traditional items within the courtroom

o Eagle Feathero Introduction of Eagle Feathers to Brantford’s Ontario Court of Justice (Provincial)o Used to affirm instead of Bible etc. (as a surety or for testimony)o Can be kept by individual during testimonyo On-going training for Court Clerks and Judiciary on handling and care of Eagle

Featherso Use in Indigenous Peoples Court and Indigenous Peoples Bail Courto Ownershipo Incorporating traditional practices (knowledge keepers/opening words/direction

of proceedings)o Assisting other Courts - Brampton Courthouse

Traditional items within the courtroom

Tobacco Ties/Prayer Tieso Handed out and held by individuals taking part in circles

Talking Stick o Used in Indigenous Peoples Bail Court Circleso Helps to maintain order within the circle process

Smudgingo On-going

Statistics and Trends – Criminal Court●Criminal Court Worker Statistics for Jan.2016 – Dec. 2016.●Number of new clients: 101

77 % male (78)23 % female (23)

●Off-reserve/On-reserve55 % live off-reserve (56)45 % live on-reserve (45)

●Have a direct family member that attended residential school56 % - yes (57)20 % - unsure (20)24 % - no (24)

●Reported themselves or a family member; in foster care, adopted or a crown ward.

29 % (29)

Statistics and Trends - Youth Court

Indigenous Youth Court Worker Statistics from Jan 2016- Dec 2016Number of Participants: 41●Off-reserve/On-reserve

43 % live off-reserve57 % live on-reserve

●Have a direct family member that attended residential school44 % - yes 19% - unsure 37% - no

●Reported themselves or a family member; in foster care, adopted or a crown ward.

29 out of 41 youth on my caseload were either currently in foster care or a crown ward themselves.

5 out of 41 were adopted.

Bridging the Gap

– Addressing the issues we face in criminal court.

Ø Transportation Issues

Ø Need more Indigenous lawyers / lawyers educated in Indigenous issues

Ø More court supports for Mental Health

Ø Need more Indigenous diversion options for Indigenous Youth

Ø More education on Indigenous issues for crown office

Questions?

– Ask Away

– Explanation of new employment positions.