1997T H E N A T I V E C O U R T W O R K E R A N D C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

Y E A R

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R E V I E W

With 70 workers in 32 communities,

the Native Cour tworker and

Counselling Association of British

Columbia delivers front-line justice

to aboriginal people by providing

legal assistance and counselling.

Administration Office, Box 32415 West Esplanade StreetNorth Vancouver, B.C. V7L 1A

Phone: (604) 985-5355

Fax: (604) 985-8933

The Native Courtworker & Counselling Association of British Columbiawishes to thank the following for their generous funding and support:

B.C. Ministry of Attorney GeneralB.C. Ministry of Education, Skills and TrainingAdult Clinical and Addiction Services Branch

Justice CanadaUnited Way of Lower Mainland

The Native Courtworker &

Counselling Association of

British Columbia provides

assistance to aboriginal people

in conflict with the law, and

ensures they participate fully in

the justice system through a

holistic approach to prevention

and intervention.

• to provide a counsellingservice to aboriginalpeople who are in conflictwith the law.

• to provide to aboriginalpeople information andadvice concerning theirrights and responsibilitiesbefore the law.

• to provide, for the benefitof aboriginal people,information and advicecentres in variouslocations in the Province.

• to develop preventionprogrammes; and

• to provide counsellingand referral services tovictims of crime.

Y E A R

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R E V I E W

1997

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

This past year, the Association faced

serious financial challenges. The Board

of Directors had to make tough

decisions in order to restructure the

Association without impairing f ield

services. This year also saw the

retirement of another long term

employee ˜ Buzz Morissette ˜ who had

provided 23 years of service and

dedication. Our thanks to Buzz for all

his hard work. In Fort St; John, a

courtworked position was eliminated

dued to low demand and, as a result, Ben

Cardinal was laid off after almost 20

years of service. Our best wishes to Ben.

The Board of Directors also

expressed their appreciation to Pam

Louis for her 12 years of service the

Board of Directors including four terms

as President and Secretary-Treasurer of

the Association.

This year, the Association approached

the First Nations Summit to establish a

working relationship. The First Nations

Summit supports the NCCA being an

equal party with both levels of

government on contract negotiations.

Native Courtworker programs have

been excluded from any negotiations

between the federal government and

each province. The Summit is also

opposed to any further cutbacks in

funding to courtworker services.

The computerization of each

courtworker office in the province was a

priority this year. With the f inancial

support of the Department of

Justice, the Association was able to

provide one week of training for native

courtworkers in Vancouver. The

Department of Justice is still examining

the feasibility of collecting standardized

national data on the Native Courtworker

program.

Canadian Executive Service

Organization (CESO) provided their

f inancial support to conduct a

management review of the Association.

Their advisor, Mr. Norm Henderson

conducted the review over a five month

period which was well received. Our

special thanks to Norm for his patience

and professionalism in conducting this

review and to CESO for their services.

On behalf of the Board of Directors, I

would like to thank all NCCA

employees for their dedication and

support this past year. As the role of the

NCCABC continues to evolve, I am

confident that we will continue to meet

these challenges for the next 25 years.

It is indeed a pleasure to have

the opportunity to represent the

NCCABC as we embark on our

25th year of service to aboriginal communities in the

province of British Columbia. This year the Board of

Directors appointed a 25-year celebration committee to

plan a number of events over the next year.

PRESIDENTSMESSAGE

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

Most Canadians probably find the

courtrooms intimidating; in a certain

sense, that is part of the purpose of a

criminal hearing – to impress the accused with the

seriousness of the situation. Since aboriginal people

view the system itself as alien, the effect increases.

Many aboriginal people find court-

rooms frightening and intimidating,

with an atmosphere made worse by

the Judge looking down on them

from a raised platform. They would

like to see some articles representa-

tive of their culture displayed in the

courtrooms that they are required

to attend, and have the rooms

arranged in a more culturally sensi-

tive manner.

If courtrooms were less intimidat-

ing to and more respectful of abo-

riginal culture and sensitivities, we

believe that they would be better

able to command the respect of

aboriginal persons.

Despite a series of high-profile and

well-intentioned inquiries and

investigations, many aboriginal

people – especially those in small,

isolated B.C. communities still feel

that the current court system is

cold, mystifying and culturally

insensitive.

Few white Canadians conceive of

their justice system as being alien.

The tradition of British common

C I R C U I T C O U R T C O N F U S I O N

CULTURECLASH

“Aboriginal

people still see

the justice

system as

foreign,

inaccessible and

frightening.”

Frances Stanley

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

law is the bulwark of Canadian society

and since childhood, most people are

taught ˜ from the Magna Carta to the

Charter of Rights ˜ the legal system in

this country is among the most

advanced, and fair, in the world.

But, as report after report conclude, the

justice system remains foreign to most

aboriginal people.

Meanwhile, aboriginal people are far

more likely to come into conflict with

the law. On-reserve aboriginal people

are four times more likely than whites

to be the victims of violent crime.

Comprising three to four per cent of

the Canadian population, aboriginal

people make up 10 per cent of the

prison population.

Here in B.C., the numbers are more

stark: aboriginal people are six times

more likely than whites to end up in

jail.

The reason for a high aboriginal crime

rate is two-fold: the appalling social

and economic conditions on most

reserves, and the differences between

the cultural and spiritual values of abo-

riginal and non-aboriginal societies.

The shocking inequity of these statis-

tics underscores testimony heard in the

1994 Sarich Inquiry when an RCMP

official admitted there may be „sys-

temic discrimination in a system of jus-

tice that has not adequately accommo-

dated the culture and circumstances of

aboriginal people.‰

Today, sadly, little has changed.

Aboriginal people still see the justice

system as foreign, inaccessible and

frightening.

Circuit courts

Justice in remote B.C. communities can

be like stepping back in time.

Several times a year, a plane load of

justice officials ˜ judge, lawyers, clerks

˜ descend on small towns across this

province, to mete out justice.

Then, one or two days later, they

depart. Although many of the cases in

the take time to get to court, once thereDream Blanket

1862

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

justice can be quick.

There appears to be a collective, if

unspoken agreement that it's better to

get the matter dealt with then and

there rather than wait another two

months for the court to return.

But as NCCA courtworkers like

Frances Stanley have long noted, there

have been times when the trial cannot

be completed because of the need to

move on.

It's difficult, says Frances who works

in the Terrace office.

If we really wanted the justice system

to be more visible in northern

communities, people might may have

to make a trip every month."

In the meantime, judges and lawyers

do what they can when the circuit

court hits town. Some judges adjourn

sentencing to allow NCCA staff to con-

sult with band council or find alterna-

tives to jail.

Police officers are on a first-name

basis with most of the people they

arrest, and when the circuit court

comes to town, it seems nearly

everyone else does too.

There are no drive-by shootings, bank

robberies or other big-city crimes in

small rural communities and unlike

southern jurisdictions, the resolution

of justice is a long-awaited community

event. Indeed, the main topics of con-

versation is what just happened in

court.

Frances Stanley knows that tongues

will still be wagging long after the cir-

cuit court leaves. In aboriginal villages

such as Dease Lake and Stewart, the

provincial judge and court staff won't

be back for another two months.

Court is the end product of our ser-

vice. It's a busy day when the circuit

court comes to town. Word travels like

wildfire.

There are fewer people, which means

fewer cases to investigate, the logistics

of attending court can be a problem,

especially when roads ice up or wash

out in winter storms.

Precisely because they feel isolated

1895Stein Valley

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

1895Stein Valley

from the judicial system, many aborig-

inal people work and plan for the day

they will have jurisdiction over their

own courts and run their own police

forces.

The Nisga‚a Agreement in Principle,

for example clearly spells out that an

aboriginal court system could operate

within the laws of Canada.

One other way the government is try-

ing to achieve that goal is appointing

justice representatives in each aborig-

inal community.

But as NCCA workers are constantly

reminded, there is still a feeling of two

solititudes ˜ the justice system is a far-

off process controlled from and by

Victoria.

Frances Stanley can understand the

frustration of aboriginal people when

it comes to the current system, where

the provincial court visits remote

places such as WHERE just once

every two months. Although she goes

on the road the same time as the court

circuit, the rest of the time she stays in

touch by telephone.

The entire justice system must look

like a very separate, outside entity, she

says. „It would be nice to have an on-

going presence in the community all

the time. In PLACE during the

MONTH court circuit, a van-load of

aboriginal people from nearby

WHERE arrived at the local commu-

nity hall where court was being held.

Among them was a young woman, fac-

ing a charge of causing a public dis-

turbance. She was angry she had to

wait so long to make a first appear-

ance for an incident that happened

months ago at the post office.

The courts should be here more often,

she said. „Having to wait months is a

problem. By the time you get up there,

you forget half the things you're sup-

posed to be up for.

Her story is not uncommon. If a per-

son is charged, she may have to wait

two months before coming to court.

It’s not good enough.

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

1895Stein Valley

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

DIRECTORYLower Mainland Phone Fax

Administration 985-5355 985-8933

Vancouver 687-0281 687-5119 Surrey Courthouse 572-2293Mission 826-7007

826-1346Chilliwack/Hope 792-5535

792-5535Mount Currie/Squamish 894-6422 894-6422First Nations Focus Program 681-6536 681-2117

Southern Interior Phone Fax

Kamloops/Chase/Merritt 828-9758 828-9831Kelowna 762-3113

762-3113Williams Lake 398-6818

398-6819Cranbrook 489-2464 489-5760Lillooet 256-7523

256-7119Vernon 545-1264

545-8885Penticton 493-0048 493-2882

South Coast PhoneFax

Nanaimo 755-1916755-1281

Bella Bella 799-5959 799-5426Bella Coola 957-2381Duncan 748-2368

748-2238Port Alberni 724-3143

724-1232Campbell River 923-2809

923-4987Port Hardy 949-8343 949-7402Victoria 386-6717

386-6760

Northern Interior Phone Fax

Prince George 562-9513564-1134

Fort Nelson 774-3669Fort St. John 785-0612

785-2021Fort St. James 996-8981

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Fort Nelson

Fort St. John

Dawson Creek

Fort St. James

Prince George

Quesnel

Williams Lake

Lilloet

Mt. Currie

VancouverNew Westminster

North VancouverSurrey

MissionChilliwack

Kelowna

VernonPenticton

Cranbrook

Kamloops

Prince Rupert

SmithersTerrrace

Bella Coola

Bella Bella

Port Hardy

Campbell River

Port Alberni

Nainaimo

Duncan

Victoria

N A T I V E C O U R T W O R K E R & C O U N S E L L I N G A S S O C I A T I O N O F B R I T I S H C O L U M B I A

BOARD OF DIRECTORS AND ALTERNATESRegion #1 Bernice Shadow / Dennis Campbell

Region #2 Amie Williams / Bonnie George

Region #3 Ken Edzerza

Region #4 Oscar Mercer / Laurie Mercer

Region #5 Wally Webber / Sheila Bolton

Region #6 Marg Ahdemar / Jim Edgar

Region #7 Mary Everson / Stan Nelson

Region #8 Hugh Braker / Darlene Watts

Region #9 Doug White / Joe Elliott

Region #10 Coleen Ryan / Kory Wilson

Region #11 Ken Fisher / Leo Nolin

Region #12 Wayne Bobb / Robert Duguay

Region #13 Marvin Bob / Emerson Adolph

Region #14 Sharon McIvor / Eunice Watson

Region #15 Pam Louis / Frank Louis

Region #16 Marguerite Cooper