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.