Kara Paul used to be a social worker, but recently she’s repurposed some of those skills as a co-ordinator for a special programme in Kahnawà:ke, a Mohawk community south of Montreal.
“It’s known as skén:nen anonson:ton,” she told Global News from the community’s courthouse, “and the purpose of our program is to find alternative measures to resolve disputes within the community.”
Kahnawà:ke justice commissioner Kevin Fleischer said skén:nen anonson:ton means “to become peaceful again,” and is the traditional way for them to heal divisions in a small community where people have to live and work together.
“What we try to promote is, before anyone thinks about going to our court or any other kind of justice forum, is to consider restorative justice first,” he said.
This restorative justice process was formalized in fall 2022 as the first element of the community’s Justice Act, established in 2015 and meant to revamp its court.
Kahnawà:ke court is one of very few Indigenous tribunals in the country independent of the federal or provincial systems.
The restorative justice approach in Kahnawà:ke isn’t new. But according to Paul, the formalization means there’s now a protocol to refer eligible files from their court, as well as from other sources, to her and her colleagues.
“It could (also) be community referrals,” she said, “meaning from a social worker or even a school counselor.”
There are two components.
The first is mediation, for things like family disputes, disagreements between neighbours or even a fuss between kids at school. Participation is voluntary.
“We would meet with both parties individually to gather what is their perspective of the dispute, and what would they like to see as an outcome,” Paul said.
That’s followed by the mediation session.
The other component is the alternative justice resolution process for criminal cases, like assault with a weapon, theft, mischief, break and entry, uttering threats, etc.
A procedure is similar to mediation is followed, with one important difference.
“We need the accused to take accountability for their actions,” the co-ordinator stressed.
She said if that happens and the parties agree to meet, each has time to express their side. If successful, then a rehabilitation plan is established for the accused, with conditions to meet.
If the accused fails to meet those conditions, the matter could then go to court.
Paul pointed out, however, that if a file is sent to them it’s usually better for all parties involved.
“Going to court and having a sentence handed down and then both parties go their separate way, there’s really no healing,” she said.
With this program formalized, elected Mohawk Council of Kahnawà:ke Chief Tonya Perron noted that the community is now well on its way to overhauling its nearly 40-year-old court.
It exists because of Section 107 of the Indian Act, which authorizes a justice of the peace (JP) to hear cases.
According to Perron, a new court would mean they would have the power to hear more types of cases, and to have a judge, instead of a JP, preside.
“It would be (a more formal) court of first instance, which is equivalent to a court of Quebec,” she pointed out. “The last phase is a court of appeal.”
They’re in talks with the Quebec government to ensure the province will recognize decisions made in these courts.
Comments