Together We Fix the Path March 31

8/6/2019 Together We Fix the Path March 31

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Capacity Building, Adult Diversion 1

Aboriginal Justice Strategy

Capacity Building Project

Skatne Entewahahakwata:ko (Together we will fix the path)

Project Findings

Report prepared by the project consultant:

Janice Brant

For Mary Ann Spencer, Tyendinaga Justice Circle Coordinator; Tyendinaga Justice

Circle; and Community of Tyendinaga

March 31, 2010


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Skatne Entewahahakwata:ko (Together we will fix the path)

Project Goal:

To build capacity for an Adult Diversion Program called, Skatne Entewahahakwata:ko (Together

we will fix the path)

What is Adult Diversion?

Section 717 of the Criminal Code allows provinces to establish alternative measures or diversion

programs for adults. The provisions are modeled after those in the Youth Justice Act. Referrals

to such programs may be made pre- or post-charge. Alternative measures may be used to deal

with a person alleged to have committed an offence only if not inconsistent with the protection

of society and if several conditions, among them the following are met: the person who is

considering whether to use the measure is satisfied that they would be appropriate, having

regard to the needs of the person alleged to have committed the offence and the interests of

society and of the victim; the person fully and freely consents to participate; the person accepts

responsibility for the act or omission that forms the basis of the offence that the person is

alleged to have committed.

Mohawk language lesson for the day!

Skatne Entewahahakwata:ko Together we will fix the path

Skatne meaning together

Entewa means we will (with intent to do something right away)

Haha is the root word for road or path

Kwatako means repair, fix-up

Nya:wen kowa to Shannon Butcher, Youth Justice Worker for the translation.


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1) Develop and document a Haudenosaunee model of restorative justice relevant to thepeople of Kenhteke Kanyenkehaka (Tyendinaga Mohawk Territory) and its adult

population. Document Haudenosaunee restorative approaches, traditional teachings,

ceremonies, and healing methods within the model.

The modern community of Tyendinaga Mohawk Territory is located on the Bay of Quinte, east

of the city of Belleville and stretches along the south eastern boarder of Hastings County in

Tyendinaga Township. The township was established in 1784 and granted to theChiefs,Warriors, Women and People of the said Six Nations as described in the Simcoe Deed. Today,

only 18,000 acres of the origin territory remain under the leadership and direction of the

Mohawk people and the Six Nations Confederacy.

Kenhteke Kanyenkehaka: Introduction and Historical Overview

The Mohawk band members that live in the community are also known as the Mohawks of the

Bay of Quinte. Ernie Benedict a respected teacher from the Akwesasne Mohawk community

near Cornwall referred to the Mohawk families that settled along the bay as the Deseronto

Band in acknowledgement of Chief and Captain John Deserontyon. Captain John served as the

spokesman and primary negotiator for the relocation of the Mohawk people from their

ancestral homelands at the lower Mohawk castle of Fort Hunter.

Tyendinaga is one of many communities that comprise the Mohawk Nation in the 21st

century.

The present territory of Tyendinaga was well-known to the celebrated Six Nations (Iroquois)

Confederacy prior to the arrival of Europeans. This is the homeland and birthplace of the

Peacemaker a central figure to the confederacy. The Peacemaker shared the message of

peace and played an important role in the formation of the Five (later Six) Nations Confederacy.

The Mohawk people of Tyendinaga are proud of their history and spiritual heritage, as well as

their ability to adapt and thrive in a modern world.

Haudenosaunee is the general term used to refer to people of the Six Nations, instead of

"Iroquois. The word "Iroquois" is derived from a French version of a Huron word meaning

Black Snakes. The Seneca, Cayuga, Onondaga, Oneida, and Mohawk Nations together were

called the Five Nations by the English, and Iroquois by the French. The Tuscarora Nation joined

the Confederacy in 1722, and collectively they are now called the Six Nations.

Who are the Haudenosaunee?


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Haudenosaunee means "People building an extended house" or "People of the Long House."

The longhouse was a traditional dwelling and also a metaphor introduced by the Peacemaker at

the formation of the Confederacy meaning that the people are meant to live together as

families in the same house. Today, it refers to those who support the traditions, beliefs, values,

and authority of the Haudenosaunee Confederacy.

They are also referred to as "Onkwehon:we," meaning that they are the "Original People" or

"First People" of this land. The Haudenosaunee consists of six separate nations of people who

have agreed to live under the Great Law of Peace. Each of the nations that comprise the

Haudenosaunee has their own identity and language. The original member nations are: Seneca,

the People of the Great Hill; Cayuga, the People of the Great Swamp; Onondaga, the People of

the Hills; Oneida, the People of the Upright Stone (or Standing Stone); Mohawk, the People of

the Flint; and, Tuscarora, the Shirt Wearing People.

The clan is the basic unit of social organization among the Haudenosaunee. The women hold

primary responsibility for the function of the clans. This system is still in place as the primary

form of governance, and in some communities there is both a traditional council which

operates independently from the elected band council.

Clan system: Political and social organization

A clan is a group of families that share a common female ancestry. Members of one clan are

considered relatives and intermarriage in the same clan is forbidden. Clans are named after

animals that have special meaning to the people - water (turtle, eel, beaver); land (bear, deer,wolf), sky (snipe, heron, hawk). Clanship identity is very important to the Haudenosaunee.

Children inherit the clan of their mother. If a Mohawk woman of the Wolf Clan marries a

Tuscarora man of the Beaver Clan, their children will be Mohawks of the Wolf Clan. Identity can

be seen as a series of concentric circles. In the center is the fireside family (your mother and

father and sisters and brothers); next is the extended family (your clan); next is you nationality

(the nation); and then union of nations (Haudenosaunee).

Each nation has a different number of clans, with all having the turtle, bear and wolf clans. Each

clan may have more than one Hoyaneh, Chief. Among the Mohawk Nation there are three

turtle Hoyaneh, three wolf Hoyaneh, and three bear Hoyaneh, making nine altogether that

make up their national council of chiefs. These delegates represent the Mohawk Nation at the

Grand Council of Chiefs. The Onondaga have 14 chief titles; the Seneca have 8; the Cayuga have

10; the Oneida have 9; and the Tuscarora have 6.


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Located at the Community Centre in Tyendinaga is a memorial to the Peacemaker". He was

born on the Bay of Quinte and while on his voyage to deliver the good message of peace was

adopted by the Mohawk people.

The Peacemaker and the Great Law of Peace

Once the Five Nations were warring nations and the Peacemaker brought them together under

the "Great Tree of Peace." The Great Tree of Peace is an important symbol that depicts the

union of Five Nations. At the top of the tree sits an Eagle, watching over the people and alerting

them to any approaching danger. From the base of the tree grows Four White Roots that guide

other nations under that safety and protection of the tree. Below the white roots is a war-club

buried deep in the earth and signifies the end of war.

The Great Law of Peace, also Kayanereko:wa is the founding constitution of the

Haudenosaunee Confederacy and forms the underlying basis of Haudenosaunee society. Itoutlines the path to harmony and unity among the nations and sets out a proper form of

government which promotes the principles of peace, good mind and strength. The

Haudenosaunee confederacy formed in approximately 1142.

The Mohawk Nation is considered "The Keeper of the Eastern Door" and Elder Brother in the

formation of the Confederacy.

A deeper investigation explains the function of the Grand Council of the Haudenosaunee and

outlines a plan for nations to resolve disputes and uphold peace. Leadership within the systemworks from the ground up making the leaders truly accountable to their people. It outlines the

responsibilities of all Chiefs as well as the method of impeachment in the event that a Chief

does not perform his duties to the satisfaction of his people.

Because Haudenosaunee history is an oral history, it is shared from generation to generation

through oral tradition and using a series of wampum belts to help share the story. Wampum

Belts were used to record sacred agreements. To this day there are a number of agreements

still in place.

Wampum Belts

The Hayenhwa:tha Belt for example is a broad dark belt, with white rows of beads representing

the unity of the Five Nations. The tree at the centre represents the territory of the Onondoga

Nation and the central fire of the confederacy. White is the emblem of peace, love, charity and

equity between the nations.


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The Two Row Wampum belt symbolizes the relationship between the Onkwehon:we and

Europeans in the mid-1600s. One row of purple beads represents the path of the Native canoe

which contains his customs and laws. The other row represents the European sailing ships

containing his customs and laws. The meaning of the parallel paths is that the two boats will

travel the same river together and remain separate. Three rows of white beads separate theparallel lines and represent the values of respect, peace and friendship in their treaties.

Two-Row Wampum by Tehanetorens

This belt symbolizes the agreement and conditions under which the Iroquois welcomed

the white people to this land. You say that you are our Father and I am your son. We

say, We will not be like Father and Son, but like Brothers. This wampum belt confirms

our words. These two rows will symbolize two paths or two vessels, traveling down the

same river together. One, a birch bark canoe, will be for the Indian People, their laws,

their customs and their ways. The other, a ship, will be for the white people, and their

laws, their customs and their ways. We shall each travel the river together, side by side,

but in our own boat. Neither of us will try to steer the others vessel. This agreement

has been kept by the Iroquois to this date.

Wampum Belts by Tehanetorens, Six Nations Indian Museum,

Onchiota, New York, October 1983

Europeans made the Covenant Chain to symbolize this agreement to live in peace and share

the land. They agreed to be known as brothers. The three silver links represents the joining ofhands and shall be renewed from time to time, to clean and polish their friendship.

There are many wampum belts that relay the history of the Haudenosaunee; their treaties and

important events. The Dish with One Spoon Belt, The Evergrowing Tree Belt, and Circle of the

Fifty Chiefs Wampum convey important information about the Haudenosaunee.

Being Haudenosaunee is a way of life, thinking, and being in the world. Their spiritual beliefs

and practices are an expression of this world view and include the values, ethics, philosophy

and customs inherited from their ancestors.

Haudenosaunee World View (Spiritual beliefs and practices)

The Haudenosaunee version of history is based upon the documented references left through

the wampum belts as well as oral history and family stories that have been passed down from

one generation to the next. There are six great epochs of Haudenosaunee history:


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The Time of Creation - This era defined the relationship of humans to the universe, thecelestial bodies and to the Mother Earth.

The Original Instructions - This time defined the relationship of the people to theCreator and gave them ways to express their thankfulness for the gifts of Creation.

The Great Law of Peace - This era defined the relationships between Five Nations andthe formation of the Haudenosaunee Confederacy guided by peace.

The Two Row Wampum Belt - This era defined the relationship of the Haudenosauneeto the Euro-Americans.

The Great Whirlwind - This era defined the relationship of the Haudenosaunee to theUnited States and Canada through international treaties of peace and friendship.

The Gaiwiio - This era defined our social and cultural relationship with Western cultureas prophesied by Handsome Lake.

Cycle of Ceremonies:

Healing ceremonies and peace traditions

Haudenosaunee way of life teachings and philosophies cannot be separated into neat

categories of social, political, or spiritual because they are inter-wined with one another and

with the root of all of these being the sustainers; food and the natural world.

The Cycle of Ceremonies follows the patterns of the moon (lunar cycle). The people express

their thankfulness for the gifts of creation and life with this annual cycle that closely observes

the changing seasons and the ripening of crops.

Through this cycle the Haudenosaunee learn to live and harmonize with the natural cycles of

the earth; to have compassion and love; and, to have gratitude and thanksgiving for all

creation. This cycle celebrates and honours the food which sustains our bodies.

The Haudenosaunee follow a calendar of ceremonial festivals that are celebrated in the

Longhouse. These festivals follow the changes in the seasons and the ripening of the crops.

While the actual sequence may vary from longhouse to longhouse, the annual cycle would

typically include the following:

Midwinter (Jan-Feb) - "Stirring the Ashes" to renew all of the rituals and medicine

societies at the time of the winter solstice.

All Night Dance (March) - Ohkiweh to honor the deceased.

Maple Dance (March) - "Putting In Syrup" to give thanks to the sweet water as it begins

to flow, signaling the return of the life giving season.


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Thunder Dance (April) - To acknowledge the arrival of the Thunderers, Our Grandfathers,

from their annual trip west and the bringing of rain.

Seed Blessing or Planting Dance (May) - To give thanks to the sustainers of life - the

Three Sisters - Corn (22 types), Beans (10 types) and Squash (5 types).

Moon Dance (May) - To give thanks to Grandmother Moon and the female forces of life

as spring approaches.

Sun Dance (May) - To give thanks to the sun for warming the earth so the plants will

grow.

Strawberry Dance (June) - To celebrate the ripening of the strawberry, which is a

medicine to renew the spirit.

Green Bean Dance (July) - To give thanks for the first of the Three Sisters to share her gift

of life with the people.

Green Corn Dance (Aug-Sept) - To give thanks for the ripening of the corn and squash.

Harvest Dance (Oct) - "We put our substance away" to celebrate the successful harvest

and acknowledge the end of the growing season.

Condolence Ceremony:

This ceremony addresses the hurts and underlying issues of concern that might keep that

person from being fully present, and finally relieving the pressure from spirit, mind, and body.

Wampum

Our Iroquois people used wampum for official purposes as well as for religious

ceremonies. According to tradition wampum was introduced to the Iroquois by Hiawatha

at the time of the founding of the League of the Five Nations. Hiawatha decreed and

regulated its use. He taught the Five Nations that wampum should bring and bind peace

and take the place of blood. He first introduced it to the Mohawks and after telling the

Council of its use, his co-worker, the Peacemaker, used wampum to console or wipe

away the tears of Hiawatha whose heart was heavy because of the loss of his daughters.

This was the first Condolence Ceremony and has existed without change down to the

present day.

Wampum Belts by Tehanetorens


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According to Mike Myers, dispute and conflict create the conditions addressed in the

Condolence. This is not a ceremony limited only to use at the funerals of the leadership as has

become practice. In his opening words Ayanwatha states: If I found or met anyone... and If I

should see anyone... this says nothing about funerals or burying. He has just gone through a

very traumatic dispute and conflict with Tadadaho that has caused the deaths of his sevendaughters, the destruction of his family life, and his exile from his homelands. He knows and

understands first hand how devastating grief can be. He has also learned what it takes to lift off

that grief and begin to resume ones life again1

1

Network for Native Futures, Indigenous Dispute Resolutions, 2000, Workshop presented by Mike Myers in Six

Nations, Ontario March 2010

(Network for Native Futures, Indigenous Dispute

Resolution: p. 16)

The condolence ceremony is the reading of 14 strings of wampum as used by Ayanwatha.

The first four strings are used for clearing the eyes. A soft skin is used to wipe your eye so you

can see the world around you. These strings address the sorrow and grief that the person has

experienced.

The next string unblocks your ears using the down feather of the Eagle. This removes anything

that has stopped us from hearing ourselves and the world around us.

With the next string we are clearing your throat and settling our stomach. Using the gift of

water your throat is unblocked and the sickness removed from your stomach. You can now

speak and feel settled in your body.

Combing your hairwas the next step, and served to remove the tangled thoughts from our

mind. The combing of the hair is the process of assisting a person in sorting out these negative

thoughts and behaviours, and, re-affirming their positive qualities and attributes (Myers, 2000:

p. 28).

The remaining strings address how a person wants to get their life back into order and begins

with re-kindling the fire. The logs and embers of the persons fire are gathered, and re-kindling

the fire returns light and warmth to them.

Cleaning the place where you sitis about assisting a person to know this is where they belong,

and they can be comfortable again.


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Putting your house in orderhas many layers of meaning. The first house is that of the

metaphorical Long House for which the sky is the roof and the earth is the floor. The second

house is our body in which we house the spirit of who we are. Then there is the literal house

that we live in. The place we work in becomes another form of house. Lastly, our community is

also a house within which we live and interact (Myers, 2000: p. 29)

Opening the doors of your house helps a person to see that the world continues to carry on its

duties and we wait for you to re-join the world.

Resuming your path shows a person that it is time to resume their journey and continue on

their life path.

Rights of Passage:

The rights of passage ceremonies are unique for young men and women and celebrate the

transition from child to adult. In the care of Aunties and Uncles, young men and women have

the opportunity to learn, fast, master their gifts, and begin to understand their responsibilities

as young adults.

Personal Communications with Community

Ethical Practice:

The data collection process was guided by the principles of respect, friendship, and peace. Data

was collected through interviews and community focus groups, held in the community of

Tyendinaga. Community members, Elders and Educators contributed their thoughts, feelings,

beliefs, values, traditional knowledge, and ideas about conflict resolution past and present.

Approach/Method/Process:

Methodology followed an informal process in which interviews (conversation and dialogue)

took place at kitchen tables, in classrooms, and meetings room in the community. The

principles of respect, friendship, and peace guided the research and data collection activities.The principles and protocols of the Circle were also applied such as listening to and sharing

stories in a fashion closely resembling oral tradition.

Some questions were developed collaboratively by the project consultant, TJC coordinator,

MSW placement student, and TJC youth coordinator to generate dialogue with community

members in Tyendinaga.


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1. Describe our community. How would you describe our community? (present)2. What does justice look like?3. What is conflict resolution?4. What common beliefs and values do we want to uphold?5.

How do we get from where we are today, to where we want to be? (capacitybuilding)

6. What are some examples of how conflict was resolved?7. What might work today?8. What would you like to see in a conflict resolution process for adult diversion in our

community?

9. How are we informed by the Kayenyener:kowa / the great law of peace? How doesit inform our behaviour?

10.What does this process look like? What are the steps?11.Who helps in this process?

Not all of the questions were asked in interviews or focus groups. A few questions were put out

to the groups for the purpose of creating dialogue. Sometime questions were asked very

specifically to clarify information or encourage the person speaking to continue with their

direction or to say more.

Community Participation:

A total of seven focus groups involving 46 participants representing a good cross-section of the

community, and representing various dynamics from traditional people and Elders to members

affiliated with churches in Tyendinaga. In addition to the seven focus groups six one-on-one

interviews were conducted with community members, and three Haudenosaunee Elders: one

from Six Nations and belonging to the Tuscarora Nation; one from the Seneca Nation; and one

from Akwesasne, Mohawk Nation. An educator working with the Mikmaq Nations was also

consulted on indigenous approaches to conflict resolution at two separate meetings in

Tyendinaga.

Information was also collected from three community-based workshops. The first was a

workshop on the Cycle of Ceremonies with Elder and Chief Jake Swamp. The second workshop

was hosted in Six Nations on Haudenosaunee Cultural Foundations and Indigenous Dispute

Resolution. Mike Myers from the Seneca Nation was the facilitator of these workshops. The last

workshop was on the Code of Handsome Lake with Elder and Educator Rick Hill from the

Tuscarora Nation. Information collected from these workshops is woven throughout the report


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and have contributed to understanding traditional Haudenosaunee practices of addressing

conflict resolution and healing.

From an analysis of the interview and focus group notes, the emerging themes have been

documented below. The interview and focus group notes have not been included directly in thisreport to ensure the identity of participants is respected. Where I have made a direct quote

from a person, you will notice quotation marks at the being and end of the words belonging to

someone else other than the author of this report. Finally, when the analysis was completed

and the report finalized the interview and focus group notes were destroyed for reasons of

confidentiality and protecting the identity of community participants.

THEMES EMERGING FROM THE RESEARCH AND DATA COLLECTION

The emerging themes identified in this section are inclusive of data collection from community

focus groups, interviews, the literature review, and workshops.

Haudenosaunee Traditions and Practices: How they inform conflict resolution.

Mothers, Clan Mothers, Aunties were the voice of consciousness...Role of women: Mother, Clan Mothers, and Aunties

Everyone has a voice. All voices are equal, children and adults. Children are treated like people and have

equal voices.

We need to use the resources we have in the community. We need to call on ouraunties and uncles. Right now we are turning our backs on our children by not teaching

them. We make excuses for our children, instead of teachings them respect and

responsibility for our actions and behaviour. We need to have expectations of them, to

be respectful. No consequences, even in the longhouses today.

Role of clans/families the family knows that individual and play a key role in helping.

...the Uncles played a role in discipline.Role of men: Fathers, Uncles

One of the men is a trained RJC facilitator. Men have their own ways of dealing withthese things. Conflict resolution only deals with the act. There is too much flexibility

with fulfilling the obligations of the contracts put in place by the justice circle.

Rights of Passage are contingent on having good Uncles.Rights of Passage


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A 100 years ago we had processes for a boy becoming a man we arent doing thatanymore. We are Indians in the year 2010 and we have to live that and also bring back

some of the rights of passage for our boys and girls to ensure they understand they

belong to something a way of life a community we give them something to belong

too instead of them trying to go out into the world and find it for themselves. Theybelong.

Transformation of people under the Great Peace; Jikonhsaseh, Ayonhwahtha; theCannibal, Thatotarho...

The Peacemaker and the Great Law of Peace (Good Message, Good Words)

Use examples from the GLP - People are restored through the condolence ceremonies.We took the grief off them by singing to them and combing their hair.

Three Opportunities to Change / Learn: If you did harm, you were given opportunities to learn. You have to work twice as hard to restore a reputation.

Range of Options (based on historical reference):

Internal banishment... (a form of social pressure), Execution. Running the gauntlet, orwhipping with the willow branch, between rows of women. Adoption. Replace the

brother that was killed, for example. And, using encouraging words to support the

offender. Restore the good mind.

Yes, and there is a process set out in the Great Law of Peace. So you have to follow thatand if you dont there are consequences.

There are warnings. I believe in banishment as a last resort, but every person is entitledto three warnings. Depending on the case, when you do this it reflects on our

community, we shouldnt have to tell you twice, three you are not cooperating.

You have to earn respect. It cant be demanded.Respect / Values / Guiding Principles

We need to have respect and not have to live with fear. Respect. I wish we could also add 'safety', 'spirituality', 'kindness', 'peace'. I do think

people feel entitled to respect for the most part. How they get it, why they feel they

'deserve' it are all varying I suspect.

We must always keep our longhouse ways in mind. Everything we need is in place andexists, we need to follow that. In the longhouse there is respect for men and womens

views. We have respect for everyones gifts.

It all goes back to respect. Respect for our Elders.


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We lack respect in our community. We have so much anger. We need to be respectful.Not abusive.

We learned by watching, by observing, we werent told. We have forgotten how toobserve.

Here is no discipline and our children dont know, because they are not givenexamples. We have to know what the rules are, and understand the consequences. The

red willow was the worst. When there are no consequences, there is no respect for

anyone or anything.

What people need to understand is you must have respect. You give respect to getrespect. Sometimes people dont like what I have to say, and that doesnt mean they

dont respect me.

If we respect mother earth, then why is there garbage along the road, fighting over fishin the bay, driving through crops, hunting out of season, and vandalism and theft. It is all

about respect.

Chiefs acted as a tribunal, if there was a major offence that could not be resolved bythe Clan family...for the sake of peace and harmony in the village.

Leadership: Chiefs, Clan Mothers, Faith Keepers

We are clan people and a way that we do business. Using a circle or using a longhouse setting arrangements putting issues into the well,

usually the Turtle Clan.

They think there are no laws for Indians and that is not the case. Even if they arelonghouse ways, there are very strict laws. Over the last few years there is no respectfor people or property or beliefs. Our leaders are not role models. If people are raising

their voices and use profanities and vulgar language, they should be asked to leave. We

all must have a civil tongue and talk in a respectful manner.

Social restoration is tied with spiritual things for example the Council Fire the Fire issignificant here at the fire there is no lying, name calling, etc...

...a payback to restore balance. Beaver pelts and deer meat were also used.Wampum Strings, Wampum Belts

We live in a dual system; it is the Two-Row wampum. Two Row Wampum, honouring both, because both exist in the community. We are using this from both worlds to justify our bad behaviours. We say this is my

right or that is my right, without taking into account the community and its members or

how they are impacted.

Post-Colonial Perspectives: Creating Change


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We are a culturally distressed people. We are a race in distress. We have been taught we were

abused for so long and we know what to do, but we cant apply it in our own lives. Its about

how we connect the head and the heart, do you really believe that it works. Behaviour is

learned and we only seem to know one way, and it is abuse

Our Community / Our Conflicts

My perception of our community is this: A group of people belonging to various factions

sharing a land-mass as well as organizations they feel most comfortable utilizing. I do believe

there are a few threads that keep our community connected and that is upholding the best

interests (whatever interpretation that may be) of the children, as well as interpreting

traditional views and values as a positive thing. Now, regardless of levels of knowledge,

whether folks buy into "native culture", and attempt to 'live it' is irreverent. I believe most

people see our culture as a positive thing.

We need mutual respect for the health and safety in our community. Parenting is different and

parents dont discipline children. Now we have community members that dont seem to know

right from wrong.

Our sense of community is gone. We need to bring back community. We need to get actively

involved and we need to be open about what is happening. If we are silent we are perpetuating

unhealthy behaviours. Confidentiality is hurting our community. Lateral violence is a bull-shit

concept.

Sometimes our quote-on-quote traditional beliefs are being exploited by our own people.

In the outside system you are not accountable for your behaviour when you are 18, but in

our community, as Haudenosaunee, we are accountable long before 18 years old.

Older people worked hard and keep to themselves. Today we want things, now. The older

generations didnt have all of the things to deal with, that we do today. There is more focus on

education today, and people that havent taken advantage of these things, they are

frustration.

We dont listen, sometimes we have to talk things through, and you worked it out. We dont

have the same kind of communication. We had to work together. Now we live independently

and live individually. We had a common culture and we were all doing things at the same level,

helping one another. Sometimes people have different ideas and it is pursued as an individual

not as a community.


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We have all this technology, and it is supposed to make things easier and faster. But we are so

busy and when ask someone for dinner it can sometimes be a month before they come. We

dont take time together, spend time together. Things are happening so quickly.

Justice is finding a way to make it right or repair the harm.Justice, Conflict Resolution

There needs to be accountability to the people. If you pull up the flowers in my garden, I want you to come and help me replant them. I

want people to know about it, so that you wont do it again. That is what it means to be

tribal.

The offender must consider: If this happened to you, what would it take for you to feeljustice was served? Victim(s) must also reflect on this question.

What do we do when someone is taking food? Each case needs to be handleddifferently.

As soon as we are accountable, that is when we will be a community. Crime must fit the punishment. Justice is when each party feels satisfied that the way a situation was handled (from

beginning to end) was done so in a fair manner (fair being due process etc.), and they

feel it has been resolved and can move on with their lives.

Living peacefully, where wealth is distributed equally, where those who transgress aredealt with lovingly and re-integrated back into loving, spiritual clan-based families who

speak the language, practise traditional customs, live under a matriarchy and love and

care for one another without judgement or cruelty so everyone can feel safe.

There would need to guidelines for who qualifies for that in our community.Sometimes the criminal system is to light and doesnt really fix the problem. There is no

confidence in the police to resolve conflict or enforce the laws. The police are

community members and that makes their job difficult.

Rebuilding respect and loyalty.Steps, Process (What needs to happen? What needs to be involved?)

H/she would be brought up on the floor. We would tell them when you did this, this ishow it felt, what it did, and how it makes me fearful, and how do we feel safe now.

There are consequences for behaviour that is harmful and upsets the peace in ourcommunity.

Victims and offenders need to meet face-to-face, we live together in the community. Retribution needs reasonable time frames and no excuses timeframes and follow-

up meetings after the circle.


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The community needs to be aware of serious offenders awareness of behaviours. Identify the activities that community members need helps with, for example

gardening or yard work to help seniors, something productive.

Offenders and harmful behaviours should be public knowledge; and offenders shouldmake that announcement of there behaviour and how the harm will be repaired in apublic statement to the community, like a letter of apology in the newsletter or on the

radio.

Working with the justice circle. I have seen conflict resolved through our RJ process.Really listening is key to resolving conflict. Mediation by third parties is also important.

Teaching youth at a young age how to resolve their own conflict, manage their feelings,

specifically anger and sadness may also be important in resolving conflict later on as

adults. I believe condolence is important for inner conflict.

Some of the healing programs are detrimental to our communities, especially the forthe men. We need to understand the roles of men and women.

We need a strong Indian identity. Now we teach are kids to blend in and enjoy bothworlds now we cant deal with problems one way or another we have to use a

blended process.

We need more balance in our community processes for men and women. Determine the severity of the offence, harm, crime. We need to stand up and say this is who I am and this is my responsibility. There are consequences for behaviour that is harmful or disruptive or disrespectful. We can work in partnership with the courts/crown, there is a willingness from the

courts to hear and work with Indigenous people Talking with each other. If people dont respect their parents, they wont respect

anyone else. We need ways of communication. It applies also within the family, and part

of the problem is that they cant come together. There is a clear lack of

communication.

It has to been structured, so that the questions come out, and clarity of the issue isimportant. How it is said, is important. It has to be in a non-confrontational form. You

have to have a facilitator. Each person takes turns and one person records the

information. Terms are negotiated until a resolution is achieved. You need to reach a

consensus. The facilitator gives each person a chance or chances to speak. If you were a longhouse person, then it is good to have those things. This should be

part of the discussion with all the parties to see what is agreed upon.

Everyones voice needs to be recognized on the same level. Be seen and be heard.


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Everyone involved in this process has to want a resolution. We need to be accountablefor our actions and work towards a solution. You have to be looking for an answer.

There has to be a balance between fact and emotion.

In dispute resolution, we have to have people coming to it (process) with one mind,and the mind is that we all want to come to a resolution.

We need a community healing process, so that we see, we all carry the same strife.Activities to Restore Community Harmony and Balance

Counselling, healing sessions, instead of doing time get to the roots of the problem.Offering healing circles to the community.

Every conflict has history. We need the Condolence ceremony. I understand and can appreciate that this model is meant to be 'for us by us', but we

have appropriated smudging with other medicines as our own, despite the fact that thatis a belief of the Anishnabe. As I understand it -our culture -specifically, our ways, were

not meant to be stagnant. If a practise was shown to be healing and helpful than it was

welcomed and adopted. I tend to think its unfortunate when folks around here

proclaim: "That's not OUR culture, we don't practice THAT." Like 100s of years ago is

how we are remaining in all aspects of our life.

Its short sided, and doesn't at all speak to the adaptability and resiliency of our people.

We need balance, men and women, not only nurturing women, but also a man. Thereis no balance in what we are doing today. Every program should have a male and female

leader or coordinator. Better understanding of the Great Law, I believe the GL is based on common sense. Education in our community about our teachings who we are. Being okay with standing in both, like many of our older people who are Christian and

also proud Mohawks.

Taking time to balance life, to have a rest. It is not like the olds when you have to workall day to keep a fire and food, the basic necessities.

We build respect by giving respect. And, you have respect for yourself. If they have norespect, then they have never been shown what respect is and they are following

someone elses jargon.

PROPOSED MODEL

Peace Building; Capacity Building towards a Community-Based Adult Diversion Process


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Peace building takes more courage then violence. The strength of the Great Peace is to be

reasonable.

Discussion groups and presenters (opportunities to learn, discuss, share)

Activities towards Peace

Use of storytellers, Elders, Educators Getting to the root source of conflict / illness / imbalance Role models The community is responsible for the people they produce. Provide a viable alternative for adults to demonstrate to the community what justice

looks like.

Working groups on transformative practices within Haudenosaunee beliefs (E.g.Tadadaho)

Address identity issues / crisis, and sense of belonging for community members Healing practices to restore the community. How do we heal? What

practices/ceremonies would best support our needs at this time? For example, growing

our food and reconnecting with the land We cant have peace without understanding

the land and having a relationship with it.

There must be an admission of guilt, taking responsibility for action and behaviourPeace Building Processes

Expert help by Kanyenkehaka facilitators, representing every fraction of the communitydynamic

Evaluation/Assessment, are we upholding principles of peace? Consensus building activities that move the community to a vision and mission for adult

diversion processes

Community support and involvement


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2) Research and document best cultural practices (thus creating an evidence basedmodel)

Best Cultural Practice

(For building an evidence-based model)

What is a best practice?

A best practice is a technique, method, process, or activity that is believed to be more

effective at delivering a particular outcome, when applied to a particular condition or

circumstance.

Cultural practices have been gathered and researched for the purpose of ensuring positive

community engagement, and come from the people of Tyendinaga, Haudenosaunee Elders and

Teachers, oral tradition, written documentation, and web based resources.

The Best Cultural Practices for use in a Tyendinaga-specific, Haudenosaunee model of

restorative justice / conflict resolution process for Adult Diversion, and in keeping with their

worldview are:

Thanks Giving Address, Ohento:kariwenhtekwa

Words before all else: serves to

remind us of our relationship to all creation, and our the original instructions of the

people. These words are used to open and close meeting and serve to bring our minds

together as one and to align ourselves with creation. The Address offers greetings and

thanksgiving to the natural world and all of the gifts that support human life.

Peacemakers Journey, The Good Message - Recite the story of the Peace Maker and theGood Message. The story of the Peacemaker is a powerful teaching about the

transformation of the people and their thinking. The Peacemaker delivered a message

to the people and Nations at war to bring about peace and founded the Haudenosaunee

Confederacy.

Two Row Wampum

- the Two Row Wampum outlines and demonstrates the conditions

for peace. The three white beads separating the two paths or rows represent the

principles of Respect, Friendship, and Peace. All three principles are needed to live in

harmony.


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Condolence Ceremony

- is the reading of 14 strings of wampum as used by Ayanwatha

for the purpose of removing grief and sorrow, negative thoughts, and restoring a person

to once again resume their life path. This ceremony was given to the people to heal

their mind, body and spirit.

Mohawk Language The revitalization of Kanyenkeha is essential to our identity and isthe source of cultural knowledge and meaning. Kanyenkeha language learning isbecoming a priority for the community; therefore the use and practice of Kanyenkeha

should be included whenever possible.

LITERATURE REVIEW

The literature review is based on existing written documentation, specifically those

recommended by participants in this process including community members, Haudenosaunee

Elders, Educators, and the Tyendinaga Justice Circle.

Centre for Indigenous Sovereignty. (1998). Indigenous dispute resolution, creating our own

solutions

This resource identifies indigenous values and ways of relating that are the foundation

for indigenous dispute resolution and include a desire for harmony, respect for freedom and

autonomy of oneself and others, respect for the integrity of the individual, respect for the

integrity of the collective whole, caring and regard for the dignity of the human person and,

honesty (p. 1). The contributors claim that a desire for harmony and balance are the

cornerstones of indigenous worldview and way of relating to the world and all creation. The key

here is that our reality is predisposed toward achieving balance and prefers it (p. 2). Further,

these values generate complementary patterns of behavior that are disposed towards

mutuality, equality, integrity, inclusiveness, cooperativeness, interdependence, responsibility

and respect (p. 3).

. Toronto, ON.

Standards for dispute resolution are also draw from the indigenous worldview and

include capacity for peace, social cohesion, reconciliation, and consensus building to name a

Respect Friendship Peace


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few. The authors describe the indigenous approach to conflict, dispute, relationship, and

resolution and suggest that conflict is the result of the imbalance or being out of rhythm with

the natural flow of life and life-force. Conflict is the result of the inability to relate across

differences and of the resistence to accepting and dealing with change (p. 6). The authors also

describe the realities of post-colonial impacts on the indigenous people and how invasion,dominance, control, colonialism, dependency creation, etc., etc., has disrupted the indigenous

world (p. 7) causing dysfunction, ethno-stress, colonized thinking, anomie, etc. (p. 7). They

also advocate that healing, de-colonizing exercises, awareness and visioning processes can be

instituted as part of our preparation to revitalize and train ourselves to make our own

indigenous-based process operable (p. 8).

The authors present significant factors about conflicts and disputes from a historical

context. They examine how we have got in this situation in which conflicts and disputes are

rampant from domestic violence to workplace harassment and cultural disagreements, and

how we can move towards positive change. There are layers of conflict from all components of

community life from governance to health, education, economics, spiritual/cultural, and

environment. These conflicts often result in deep political divisions within organizations and

communities (p. 12) and seriously affect the very nature of our indigenous identity, our lands

and resources, languages, cultures, philosophies, and consciousness (p. 12). The authors focus

on leadership and the factors surrounding the psychological dependency that has been

created with over 150 years of federal control of Indian life (p. 13) in this chapter.

Trends towards healing and wellness in social/health, education, economic,

spiritual/cultural, and environment issues are providing some benefits however they are

challenged by fiscal restraint and policy restrictions. The authors conclude that too much

conflict a constant state of chaos is distracting the First Nations from accomplishing real

change (p. 20) such as self-determination. Further, positive change can be measured by the

community-based accomplishments that are driven and guided by culturally enhanced ideals

(p. 21) including the mind set or thinking of the people responsible for the creation of a

distinct society of people who have common traditions and institutions and who share

collective activities and interests (p. 21). According to the authors, understanding and

asserting our own dispute resolution process is a necessary first step towards nation building

and self-determination.

Section three focuses on creating and managing change. The authors share the guiding

principles to address change, including the reality that change is always occurring, naturally or

deliberately (p. 26) and change always has a purpose (p. 27). They describe the weather and

humans as the two most unpredictable entities of our world. Humans are presented with many


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choices throughout their life journey and change is inherent in these choices and we must try

and discern or envision the changes that will result in the choices we make (p. 28).

Finally, the authors present the dynamics of conflict and change in a capacity building

model in relation to indigenous human development. They assert Nation building will requiremotivation, dedication and a willingness to move beyond the current dialogue through planning

and implementation (p. 42) and indigenous dispute resolution can be used to build capacity

for our nations. There are four parts that we need to understand to effectively use indigenous

dispute resolution 1) Our Worldview 2) Behaviours created by the impacts of colonization 3)

Cultural tools, and 4) Effective communication. The authors also stress that whenever peace

was negotiated, ceremonies and feasts were carried out to bind the agreement and, creating

solutions for the parties involved must deal with both the physical and spiritual realms.

Dale Dione-Dell and Davis Montour. Bullying Behavior is not an Onkwehonwe Value

.

This paper encourages the use of restorative practices for assisting with bullying and

other conflicts. The authors advocate that adults play a huge role in bullying behaviour and

the adult behaviour impacts how kids see the world, and can contribute to the development of

aggressive behaviour (p. 1) such as name calling. Disciplinary action is often used to punish

harmful behaviour and the problem is punishment makes a person resentful, not reflective,

minimizing the chances of learning something, possibly making the bully a victim too. They arent truly

made accountable, never realizing the number of people their behavior affected, directly and indirectly

(p. 1). Therefore, the authors argue that punishment doesnt allow opportunity to repair harm, and

repeats the cycle of power that breeds a bully mentality (p. 1).

There is lots of evidence that restorative approaches help children to see the impact of

their behaviour and helps them to develop conflict resolution skills by working with the circle to

determine what needs to happen for things to be put right (p. 2). According to the authors,

oral tradition tells us the Peacemaker brought peace to Tadodaho by using songs, good words,

and discussion to comb the snakes from his hair. This shows good dialogue can change the

mind and ways of people and bring about Sken: nen (p. 2). The Thanksgiving Address is also

used in this process to give thanks and also to remind us that all things are connected. It

reminds us we need to care, support, and treat each other with kindness to survive (p. 2).

In conclusion the authors remind us when peace was established amongst the Iroquois,

all weapons of war were buried. These weapons can include gossip, hatred and violent actions.

We have this knowledge through oral tradition, but its our responsibility to carry on and live it

(p. 2).


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Dale Dione-Dell and Davis Montour. Looking for an Alternative: Sken:nen Aonsonton

Restorative Practices Part 1: Justice

.

This article introduces restorative justice as an alternative to court processes, and

views crime as resulting from the breakdown of relationships between people, and looks torepair those relationships (p. 1). This approach advocates for creative solutions to ensure a

win-win situation for both the offender and victim.

A brief history of the Kahnaw:ke Justice Commission is provided, along with the results

of community consultation which identified a clear lack of confidence and satisfaction with

outside courts, citing value differences, lack of healing (offender andvictim), and its win/lose

nature (p. 1). Those consulted wanted to see a return to Kanienkehaka values of

accountability, responsibility, and community involvement. In order for people to feel they

received justice, they needed to feel heard, safe, with their values and beliefs respected (p.

2). According to Dione-Dell and Montour people in the community wanted to be involved in

the justice process; and to have people held accountable for their actions.

The Sken:nen Aonsonton (To become peaceful again) program has been operating

from the Kahnaw:ke Courthouse since December 2000. Cases are referred from community

members, court, or from organizations within the community such as the Peacekeepers and

schools. A key element of the program is that both parties need to be in agreement to work

with Sken:nen Aonsonton (p. 1).

The paper concludes with a discussion on the differences of restorative justice and the

court process. In restorative justice practices, the offender and victim get together with a

facilitator present, and through talking, they determine their own solutions (p. 1). Restorative

justice requires the people involved to work together. Things take place in a safe and

respectful manner, without lawyers present, and people have to speak for themselves and their

actions (p. 1).


Part II: Restorative Practices

.

In this article Dione-Dell and Montour describe how restorative justice is focused on the

relationships between individuals, and also the breakdown of the relationship people have with

their community. From a Restorative Practice point of view, crime happens when people dont

feel connected to other people. As a result, they dont realize the impact their actions may have

on others, making it easier to commit a crime. With Restorative Justice, the goal is an


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immediate and meaningful resolution to an offense, with preventative measures to help reduce

the likelihood of a repeat offense, and to repair the harm that has been done to the

community (p. 1). The authors provide an example of how restorative justice works to restore

relationships, as well as challenges critics to broaden their thinking.


Restorative Practices Part 3: A Safe Community

.

This article discusses the issue of community safety, specific to Kahnawake. The authors

advocate that the first step is to recover the sense of interconnectedness we once had. The

bonds of family life provide a solid foundation that children and adults need in order to learn

and grow...A sense of interconnectedness helps to provide a sense of safety, as well as

resiliency that will help those in trouble to bounce back (p. 1). They also suggest that the

media is having a powerful influence on our lives and our children are being raised with little

experience of human interconnectedness. This impacts their ability to feel empathy for others.

The authors describe the cultural value of collectivity, and how breaks downs in the

community result in increased crime. As a result, a pattern occurring; crime, fear, withdrawal,

isolation, weakened community bonds, resulting in more crime. Victims, offenders, and

community members, are all caught in a downward spiral where crime leads to greater fear,

creating increased isolation and distrust among community members (p. 1). A restorative

justice approach seeks to include people, and to give them a voice, and often once people

have that connection, it can help reduce the reoccurrence of crime. In other words, if people

care about each other, it lessens the chance they will hurt each other (p. 2) and the

community can feel safe.

The authors remind us that the philosophies of Restorative Justice, and Restorative

Practices, are built on the concepts of getting people together, and having a voice in their lives

and their community. These concepts can be applied anywhere, from Justice, to education, to

parenting (p. 2).

Darien Thira. Beyond the Four Waves of Colonization

(D.T. is a psychologist who has worked for several years with First Nations in BC.)

.

In this paper Thira describes fours wave of colonization - legal (suppression of the legal

rights of the aboriginal population for the purpose of control), administrative (a reserve system

designed to isolate aboriginal groups and claim their traditional lands), ideological (residential

school and foster-care to assimilate and separate aboriginal people), and Western Healing


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which declares aboriginal people as sick. Thira claims residential school syndrome can be

viewed as a tool that labels survivors as sick rather than someone who is living with ongoing

social oppression (p. 3).

The first three waves have resulted in the loss of rights and value (internal racism), andthe criminalization of aboriginal culture. The fourth wave is medical, aboriginal people and

communities are victims who now require help from the very colonizer who harmed them

(Thira, p. 3). This wave promotes Western treatments for their aboriginal patients, further

exploiting distressed aboriginal nations.

Thira advocates that aboriginal healing and western treatments are significantly

different for example aboriginal healing is intended to balance the four aspects of humanity

(i.e. mental, emotional, physical, and spiritual) (p. 4) while a western view is to fix a pathology.

Reclamation of traditional belief systems, languages, and practices can help aboriginal people

overcome the impacts of colonization.

Michael Cousins. Aboriginal justice: A Haudenosaunee approach

. Justice as Healing, a

newsletter on aboriginal concepts of justice. Native Law Centre, Vol. 9, No. 1 (Spring 2004).

In this paper Cousins investigates the traditional methods employed by the

Haudenosaunee to ensure a relatively crime free social order, in particular, of how the Great

Law of Peace in collaboration with Haudenosaunee worldview inhibit anti-social acts. His

perspectives are based on traditional oral teachings in conjunction with publications of

historians, anthropologists, and early European explorers.

He declares that in a Haudenosaunee world all things have been placed here through

the will or direction of the Creator...and therefore, all things have a distinct purpose and are of

equal value (Cousins, p. 2). Further, he discusses the view of free will which allows humans

to make choices that release them from acting in a purely instinctual or impulsive manner (p.

2). We have a responsibility to use free will in a commendable manner and if one does not

they are significantly out of balance (p. 2). Re-balancing requires healing through sacrifice and

cleansing such as fasting, prayer, and making amends for ones negative or hurtful behavior.

The founding of the Great Law of Peace restored a cooperative and peaceful

coexistence between and within the Five Nations, and implemented one of the most powerful

political alliances on the North American continent (p. 3). The Great Law of Peace, according to

Cousins is founded on three base principles: righteousness, which means justice practiced

between men and nations; health, which means soundness of mind and body and the peace


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which comes from them; and, power, which means the authority of law and customs backed by

such force as is necessary for justice (p. 4). From this perspective, Cousins suggests the

welfare and interests of society as a whole became a paramount consideration...and resulted in

members of society developing relationships based upon equality, respect, and regard (p. 4).

He also describes how individual persons retain autonomy however these rights neverexceeded ones duties and responsibilities to the collective.

Cousins names four specific crimes and sanctions outlined in the Great Law of Peace;

witchcraft, murder, theft, and adultery. Witchcraft or using medicines to harm a person or

family was considered an offence against the whole of the nation (p. 5). The Great Law of

Peace refers to murder in Article 20, pertaining to a statesman or chief. He goes on to describe

other situations such a premeditated murder and the sanctions available to put things right

(p. 6), including the use of white wampum and capital punishment. Article 107, entitled

Protection of the House and Article 44 speak to ownership and respect for personal goods.

Here he describes the Haudenosaunee viewpoint towards the accumulation of personal

property (p. 7) and how one of the greatest insults was to suggest that one hoarded material

goods and did not share with others. For the Haudenosaunee, generosity was a quality that was

highly admired (p. 7). Finally, adultery was considered anti-social or criminal because divorce

was easily obtainable (p. 7).

In conclusion, Cousins outlines the most widely punitive sanctions imparted to offenders

by the Five Nations was ostracization in which an offender endured daily humiliation until the

necessary community and personal amends were made; capital punishment or execution was a

last resort for offenders that would not correct the harm they had done; reparation was the

most prevalent method of addressing harmful behavior and involved a negotiated settlement;

and, banishment. Banishment was also a last resort for those offenders who continued to

engage in anti-social acts or hurtful behavior. According to Cousins, the Great Law of Peace

decrees that individuals acting in disruptive manners be given three opportunities to change

(p. 8) and that the frailties and limitations of being human were well understood, and always

taken into consideration when determining an appropriate sanction (p. 8).

Resource Compilation for training. Lnoeigati Model: Apigsigtoagen for Deep-rooted

Community-based Conflict Resolution Living Document

(Provided by Malcolm Saulis)

. September 2004.

This resource is a healing and reconciliation model designed to train facilitators. It is

based on the Mikmaq Nation region joining in the spirit of Apigsigtoagen, meaning forgiveness.

It outlines a vision for nurturing respectful relationships among Mikmaq in our vision of

Apigsigtoagen (p. 5). Their mission is together, to act as support to one another in the process


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of developing and implementing Lnoegati healing and reconciliation model: and to motivate

people to communicate to address personal, civil, administrative conflicts through building

Apigsigtoagen (p. 5).

In this model traditional knowledge and experience from community groups helped tobuild a tradition-based holistically-oriented conflict resolution process. Emphasized in this

model is the role of Elders as mentors, teachers and cultural guides. Elders have an active and

vital role in helping the community to recover their ways of doing things, ways of knowing, and

ways of dealing with conflict (p. 10). Teachings about leadership and vision are also presented

in regard to restorative and transformative processes. The author states, as peacebuilders, we

need to know and understand what conflict is, as well as have many tools and techniques to

deal with different kinds of conflict (p. 14).

Four guiding principles were identified by the Mikmaq Nation; forgiveness, helping each

other / collaborating, rethinking, and gratitude. These are the principles needed to accomplish

peace and healing and to address any kind of conflict from the Mikmaq worldview (p. 16).

Conflict then is the opposite of these principles for example holding grudges, not helping each

other, or being ungrateful. The author explores how conflict happens, in particular when our

human needs are threatened saying, the more needs that are threatened or denied; the

deeper the conflict will be rooted. The deeper it is rooted the more difficult it is to resolve (p.

23). He further suggests that identifying and affirming the threatened needs is one way to

open up some negotiation for parties in conflict (p. 23). The corresponding negative emotional

indicators of not having our needs meet are also discussed.

This model also presents teachings to help us deal with different kinds of conflict. First

and foremost, we must start with ourselves and gradually move out to our family, workplace,

community, nation, country, and the globe. This process asks that we reflect on our

relationships with family and to look where those need to heal or improve, foremost. It also

asks that we reflect on our conflict style and how it can be improved. Finally, we are asked to

reflect on our gifts and how they can be used for the benefit of the community. This model

encourages us to stop when we notice a conflict and to be aware of our reaction. When you

pause and wait at the stop sign, you will know more about how to move forward and intervene,

or change the course of a conflict to a more positive outcome (p. 37).

This resource explores the Circle as a methodology for arriving at forgiveness. Critical

to the use of the circle is an understanding of the process of the circle and the teachings (p.

44) for example the circle allows several things to happen including relationship building, an

atmosphere of openness, and everyone is considered equal. The circle process follows several


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steps 1) preparing people for the circle 2) beginning the circle process with smudging or prayers

3) going around to give each person an opportunity to speak 4) closing the circle after a

consensus has been achieved, and 5) celebrating with the sharing of food (p. 46 47).

Healing deep-rooted community-based conflict is the desired outcome of this conflictresolution process. Healing will be viewed as the process by which life improved for people

who engage their issues in an effort to address the underlying causes of the problems they

face (p. 49). According to the author, people who are healing are learning to talk and share

openly with each other without intrusive (being pushed or being asked) or invasive (invading) or

creating distance (p. 50). Furthermore, communities that are beginning to heal are

developing their abilities to support all their members (p. 50). In closing the author advocates

that conflict resolution processes becomes a multilevel approach to the well being of the

individual, the community, the nation and the world which are all interrelated; and that deals

with psychological, physical, social and spiritual crises which affect peoples lives. It becomes a

transformative approach which seeks peacefulness (p. 56).

Rupert Ross. Criminal

(R.R. is an Assistant crown Attorney, Kenora, Ontario. His articles include a disclaimer.)

Conduct & Colonization: exploring the link.

This article explores the psychological impacts of colonization and the intergenerational

trauma and stress of residential schools on aboriginal children, their families and communities.

He describes Complex Post Traumatic Stress Disorder and seven principle symptoms in

survivors of prolonged, repeated trauma. Survivors develop problems with relationships and

identity: in addition they are vulnerable to repeated harm, both self-inflicted and at the hands

of others (Ross, page 6). Ross introduces Dr. Judith Hermans research that describes a state

of psychological and legal subordination (p. 6) such as imposing pass laws, where aboriginal

people were not permitted to leave the reserve without written permission from the Indian

Agent or making it punishable by jail for aboriginal people that participate in ceremonies. Here

are just two examples of intentional subordination against aboriginal people by Canadian

governments.

He discusses the residential school system and psychological effects of aboriginal

children. A contrast of the circumstances surrounding the residential schools and the

experience of immigrants coming to Canada or being sent to private boarding school is made.

The psychological impacts are emphasized in this section, as well as intergenerational transfer

of trauma for children who attended residential school and were exposed to multiple

traumatic events (Ross, p. 11).


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Ross describes how in the aftermath of systemic political violence, entire communities

can display symptoms of PTSD, trapped in alternating cycles of numbing and intrusion, silence

and re-enactment (p. 14). An experiment with aboriginal men in prisons explored the

effectiveness of aboriginal healing approaches on violent men. The program relied on

traditional aboriginal approaches, including the use of circles, storytelling, ceremonies, andtraditional teachings (Ross, p. 16) such as the Seven Grandfather teaching common to the

Ojibway and Cree peoples. Ross advocates that traditional teachings, ceremonies and practices

can be effective even in that most debilitating environment (p. 17) [sic]. Ross brings forward a

startling suggestion: while residential schools may have been the largest de-stabilizer of First

Nations in the past, there is now a new leading force: jails (p.18).

Other documents:

(The authors names, dates and other information for referencing these resources are unknown

to the reader.)

Untitled

There are a number of techniques that can be employed to assist in resolving conflicts.

The following definitions are an attempt to provide a common point of reference for discussion

of these techniques as they might be applied in the domain of public decision-making(p. 1).

The list includes: bargaining, consultation, direct negotiation, facilitation, conciliation,

arbitration, fact-finding, and mediation. Last is a framework of values and principles for

effectiveness.

Exploring Alternative Dispute Resolution Processes: Kenhteke/Tyendinaga Mohawk Territorys

Movement Towards Self-Governance

This paper is directed to the federal and provincial governments of Canada, members of

the bar, Kenhteke, surrounding communities, and the Canadian National Railway asserting First

Nations rights to being held accountable within their own sovereign jurisdictions and

traditional governance systems and/or treaties; for example, the Kayanerekowa and 1664

Kaswentha of the Haudenosaunee (p. 1). It declares that Kenhteke has been exploring the

concept of Alternative Dispute Resolution Processes that can return the care, custody, and

control (p. 1) of justice to local control. The paper discusses the Kayanerekowa, Kaswentha,

and Kariwi:io; using the clan system as a principal cultural resources for a dispute resolution

process. Evidence of the colonial experience and oppression act by the government of Canada

are presented such as the Indian Act electoral band council system and the gradual civilization

act of 1857. The author also references the United Nations Declaration of Indigenous Rights


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where the human rights of indigenous people and their collective rights to self-determination

and governance are acknowledged. The author acknowledges the importance of the clan

system, the roles of women and men, and the need for community involvements in healing and

peacemaking activities.

Further information is provided on alternative dispute resolution techniques and states

that alternative resolution can come in the form of restitution, community service, loss of

privileges, treatment, and banishment; such as, working in schools, womens centers,

recreational facilities, shovelling snow, cutting wood, running errands for Elders, hunting,

fishing, harvesting, isolation to traplines, etc., or prohibitions on gambling, drinking, driving, etc.

The author suggests that a process such as this can strengthen indigenous communities and

more them towards their goal of self-determination. The author also emphasizes the role of

Elders in the process, peacekeepers, and the values of respect and the good mind, along with

the importance of consensus.

Title Draft Report

This report discusses an understanding of contemporary justice, as it applied to

Tyendinaga, with recommendations for the facilitation of a fair and just society (p. 1). It

provides a description of the communitys present situation of conflict and broken

relationships. It asks that the current Youth Justice Process be expanded to accommodate

adults and be based on Haudenosaunee world view. In particular, addressing any breach of the

community peace (p. 5) and at which time a process of consultation shall be triggered and

every effort to facilitate a peaceful resolution shall be made (p. 6). This report also includes a

proposed model and intake process modeled after the Nation Councils of the Haudenosaunee

Confederacy and also resembling the court process.

Draft Spirit of Condolence: Learning and healing through the Great Law; Self-Assessment

Guide

This paper offers a self-awareness tool that relates to learning and healing through the

Great Law (p. 1). The categories for self exploration are 1) Genealogy 2) Family and Parenting

3) Spirituality, ceremonies, traditional skills and knowledge 4) Language and Law 5) health and

well-being 6) Education, employment and skills 7) Community involvement, and 8) Other.

Draft Spirit of Condolence: Learning and healing through the Great Law; Week by week

outline


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This paper is a course outline in which participants learn about the message of peace

and the Great White Roots of Peace, Haudenosaunee identity, the good mind, and asserting our

rights of justice through the Great Law. It outlines a deliver plan that includes guest speakers,

readings and discussion on the above topics.

Summary of Workshops Attended

Cycle of Ceremonies

Jake Swamp

Tyendinaga, February 2010 (1 day)

What caused us to be where we are today? Ceremonies nine ceremonies beginning with Mid-Winter Importance of knowing our gifts and using them for the benefit of the people

Relationship of language and identity Fear and its impact of relationships Domestic Dependant Nations

The Code of Handsome Lake

Rick Hill

Tyendinaga, March 2010 (1 day)

Mind changers; Charms, Witchcraft, Abortion, and Rum Thanksgiving is about taking responsibility The Four Sacred Beings Code of Handsome Lake is about making choices

Haudenosauee Cultural Foundations and Indigenous Dispute Resolution

Mike Myers

Six Nations Grand River, March 2010 (5 days)

Haudenosaunee Cultural Foundations:

Haudenosaunee Confederacy The Great Law of peace, democracy and choice Creation Ceremonies and medicine Teachings on the Seven Dancers Banishment walking dead Being an Indian? Parenting, Raising children


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Kaiwi:yoh, Code of Handsome Lake Wampum belts Condolence Ceremony

Indigenous Dispute Resolution: Anomie, collapse of social stability Ethno-stress Kinds of stress and collapse, operating from a state of stress Two-Row Wampum Belt and the principles of respect, friendship and peace Circle Wampum of the Confederacy Hallmarks of the Good Mind Strengths based approach Creating change Group exercises

Workshop 4: Understanding Anger: Working with the east direction: the Spirit

Malcolm Saulis

Tyendinaga, March 2010 (evening workshop)

Common elements of indigenous life Spirituality within an indigenous wholistic healing approach What is available for people to live an indigenous life The spirit of anger


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3) Develop an ongoing strategic plan to recruit community volunteers and strengthen thevolunteer community committee (already in existence)

Summary of Out-Reach and Participation Activities

In order to gather information from comunity members, seven focus groups were held in

Tyendinaga involving 46 participants. Another three community members participated in one-

on-one consultations, including the elected Band Council Chief. Three Haudenosaunee Elders

from three Nations were consulted as well.

The focus groups and interviews were informal and allowed for a dialogue inclusive of

awareness on adult diversion and restorative justice.

In one focus group the participants were given a brief introduction to the project, its purpose

and potential. General question were presented and the participants began to speak freely. It is

important to note that a number of questions were asked of the consultant and placement

student about the currents processes used by the Tyendinaga Justice Circle (TJC), as well as

their mandate. At least two of the participants had experienced a Restorative Justice Circle first

hand, while other participants had varying levels of understanding of the process and practice

of the TJC.

Some the questions brought forward from the participants included:

1. The process used by the TJC, what is currently be used?2. What is the role of the police?3. How do we learn more about the TJC and its practices and mandate?4. Would we be applying the same general practice to adults?5. Who are the facilitators? (community trained volunteers)

Participants that had first-hand experience with the TJC and were involved in a Restorative

Justice Circle, in part of their comments and contributions to the discussion critiqued the

process; what worked and what didnt work for them. One of their main concerns was

timeframes and lack of support from the parents of the youths involved. In both instances the

participants did not feel the process achieved its goals of restoring harmony and that lack of

accountability made them feel further victimized.

The community newsletter was employed in sharing information and creating awareness on

adult diversion and restorative justice. Through the newsletter we invited community members

to participate in focus groups or one-to-one interviews. The newsletter also provides an on-


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going opportunity for the TJC to post information monthly, recruit community volunteers, and

announce up-coming meetings and events.

Community Celebration

The project celebration was held on March 31, 2010 at the Tyendinaga Community Centre from

6 p.m. 8:30 p.m. This celebration was an opportunity to bring together all of the focus group

participants and all community members, with the Tyendinaga Justice Circle for the purpose of

community outreach, sharing and learning together about restorative approaches to

community justice. It also include a presentation of the findings from this project and a review

of the key elements/components of a adult diversion model, specific to the community of

Tyendinaga and based on the beliefs and values of the community.

Approximately 70 80 community members participated in the celebration which included a

light meal, PowerPoint presentation of findings on capacity building towards a community-

based adult diversion process, and a question and answer period. Thirty-three people

completed and submitted an evaluation form at the end of the evening. People of all ages

attended the event, including several youth, Elders, TJC committee members, and two

peacekeepers.

Invitations to the events were distributed to the community by mail, flyers were also posted in

the community, and some invitations were hand-delivered to focus group participants.

Ongoing strategic plan for community involvement

Monthly TJC meetings Information sharing and advertising via the monthly community newsletter Formal and informal information sessions Proposed Model - Peace building activities and peace building processes Annual Restorative Justice Symposium


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APPENDIX A

This appendix is a letter to the community, submitted to the Tyendinaga Newsletter in

February. This letter served to introduce the project and invite community involvement.

Sktne Entewahahawatko (Together we will fix the path)

Capacity Building Project for an Adult Diversion Program

Dear Community Members,

The Tyendinaga Justice Circle has received some funding to investigate, document and build capacity for

a culturally relevant Restorative process of adult diversion in Tyendinaga.

The project objectives are to:

1. Develop and document a Haudenosaunee model of restorative justice relevant to the people ofTyendinaga Mohawk Territory and its adult population. Document Haudenosaunee restorative

approaches, traditional teachings, ceremonies and healing methods within the model;

2. Document best cultural practices (thus creating an evidenced based model); and3. Develop an ongoing strategic plan to recruit community volunteers and strengthen the Volunteer

Community Committee (Tyendinaga Justice Circle).

Currently, there are no programs to address the needs of First Nation adults in the criminal justice system

on Tyendinaga, nor are there alternatives to the court system. This project would build capacity to support

First Nations adults in the court system and would take into consideration Indigenous rights and the

unique circumstances of Indigenous people in the court system.

The project began on February 8th and will end on March 31st. Janice Brant has been asked to lead the

inquiry and make a presentation of the project findings at the Community Centre on March 31st. This

event will involve a feast and thanksgiving to the community for their help and involvement in the

project. A flyer will be circulated to the community later in March with further information about the

activities at the Community Centre.

Informal focus groups are being held in the community to share information about adult diversion, to

gather feedback and suggestions, as well as to encourage community involvement in restorative processes

(such as becoming a facilitator).

If you have any questions, wish to receive further information about the project, or would like to meet and

participate in a focus group you are welcome to contact Janice Brant or Mary Ann Spencer.

Nya:wen kowa, Thank you for contributing to peace building activities in our community.

Janice Brant

613-396-2526 home phone

Mary Ann Spencer, Tyendinaga Justice Circle Coordinator

613-396-2122 ext. 123

Documents

Together We Fix the Path March 31