The Nisga’a Government is a great example of Aboriginal democracy and can be used in studies and lessons.
The Official Site of the Nisga'a Nation:www.nisgaalisims.ca
“Canada's Nisga'a Nation is represented by Nisga'a Lisims Government - a modern, forward-thinking administration based on traditional culture and values. Together, we have built a culture and economy that respects and protects our natural heritage.”
History:
“The Nisga'a people have lived in the Nass River Valley since time immemorial. In 2000, the landmark Nisga'a Final Agreement went into effect, heralding a new relationship between Canada and its Aboriginal First Nations. The treaty recognizes Nisga'a Lands and the Nisga'a people's right of self-government. Built on our traditional culture, Nisga'a Lisims Government is the modern, democratically-elected government of the Nisga'a Nation.”
The Aboriginal Affairs and Northern Development of Canada is a great place to get background information and thought provoking questions about the NISGA'A Government.
It includes a section: “Nisga'a Final Agreement - Issues and Responses –Governance”
Here are some selections taken from the website:
THE ISSUE:
Some critics say the Final Agreement will establish a racially based third order of government and give the Nisga’a special laws. “This is unfair,” the critics say. “It’s special treatment that other Canadians don’t get.”
THE ANSWER:
The Nisga’a will not get special treatment under the terms of a treaty. Simply put: there are no provisions in the Final Agreement for racially based laws or for a third order of government. Nisga’a Tribal Council Chief Joseph Gosnell has frequently reiterated that the Nisga’a want to participate in Canadian society, not opt out of it. The Final Agreement provides a fair opportunity for the Nisga’a to manage their affairs in a fashion similar to other local governments, and subject to the overarching laws and principles of the Canadian Charter of Rights and Freedoms and the Criminal Code of Canada.
MORE TO CONSIDER:
How will the Nisga’a Government compare with other local governments?
The Nisga’a Government will function under the umbrella of federal and provincial legislation, just like other local governments. Generally, if there is a conflict between Nisga’a laws and those of Canada and British Columbia, the federal or provincial legislation will prevail. It’s true that there are some exceptions where Nisga’a laws will have priority, but they are limited and defined. In general, they concern matters that are internal and local such as culture, or include a condition that the laws meet existing government standards, such as for social services.
What about future Aboriginal governments in British Columbia? Will they be like the Nisga’a Government?
Not necessarily. Treaties respond to local needs, and what works in the Nass Valley won’t necessarily work in other areas. There are also other self-government models in B.C. Take the Sechelt Government, for example. It has been managing Sechelt affairs just north of Vancouver since the mid-eighties. It’s not like the Nisga’a model, but rather reflects the Sechelt’s needs.
Learning about Sentencing Circles
The Department of Justice Canada explain a basic background to what a Sentencing Circle is:
"Sentencing circles, pioneered in the Yukon Territorial Court in the early 1990s, are now used in much of the country, mostly at the provincial/territorial court level and in cases involving Aboriginal offenders and victims. Sentencing circles are part of the court process, though not courts in hemselves, and they can be a valuable means of getting input and advice from the community to help the judge set an appropriate and effective sentence.
Sentencing circles generally operate as follows: After a finding or admission of guilt, the court invites interested members of the community to join the judge, prosecutor, defence counsel, police, social service providers, community elders, along with the offender, the victim and their families and supporters, and meet in a circle to discuss the offence, factors that may have contributed to it, sentencing options, and ways of reintegrating the offender into the community. Everyone is given the chance to speak. Often the circle will suggest a restorative community sentence involving some form of restitution to the victim, community service, and/or treatment or counselling. Sometimes members of the circle will offer to help ensure that the offender lives up to the obligations of the community sentence, while others may offer to provide support to the victim.
It is important to note, though, that sentencing circles do sometimes recommend a period of custody. Moreover, the judge is not bound to accept the circle's recommendations.
The article “Sentencing Circle: A General Overview and Guidelines” describes the elements necessary in a Sentencing Circle’s method to justice and court. It also includes when it may be used, the involvement and requirements, sentencing options and guidelines.
Works Cited
Department of Justice Canada. “How the Courts are Organized.” Canada’s Court System. http://www.justice.gc.ca/eng/dept-min/pub/ccs-ajc/page3.html(accessed February 26, 2013).
Justice as Healing. “Sentencing Circle: A General Overview and Guidelines” A Newsletter on Aboriginal Concepts of Justice. Native Law Centre • Vol. 3, No. 3 (Fall 1998). http://www.usask.ca/nativelaw/publications/jah/1998/Sent_Circle_Guidelines.pdf(accessed March 5, 2013).
Case studies can be used when learning about Sentencing Circles
This topic can be controversial due to some of these cases. There are many perspectives on Sentencing Circles and it is important to remember to consider and include what these might be. A former Yukon Judge Barry Stuart was the first in Canada to implement a Sentencing Circle in the 1992 R vs. Moses case. This article states that Stuart expresses that he does not like the term Sentencing in this model but adopts the Circle method for conflict resolution.
A well known controversial case that used the Sentencing Circle method is Christopher Pauchay, from the Yellow Quill First Nation, case.
National Post Article: “Sentencing Circles for aboriginals: Good justice?” by Kevin Libin
This article looks at how many Canadians might view this method as negative because it is “easy” on the accused and that this particular case was too severe for such a trial. However, the article also addresses how Sentencing Circles can be a positive way to reintegrate criminals into their offended community.
Basic Background:
“Christopher Pauchay, the Yellow Quill First Nation father who dropped his two baby girls outside one frigidly cold January 2008 night, in mere diapers and T-shirts, leaving them to freeze to death as he stumbled away, drunk. But while Mr. Pauchay is convicted of negligence causing the death of two children, Canadians expecting a severe sentence are likely to be disappointed. Having convened a sentencing circle of Yellow Quill members for Mr. Pauchay earlier this month -- which ruled that he should not be jailed, but be entrusted to the guidance of the community where he committed his crimes— judge Barry Morgan is not obliged to accommodate their advice, but it is almost guaranteed he will be heavily influenced by it.”
Healing Circle New Clip
This is the link to the news report about the man from Yellow Quill who went through a healing circle instead of the courts to decide his punishment for the death of his two daughters. This story caused much controversy in the news,
World view of traditional governance for most Aboriginal governments: Government is holistic—it is connected with family, spirituality, and the land.
Healing Circle New Clip
This is the link to the news report about the man from Yellow Quill who went through a healing circle instead of the courts to decide his punishment for the death of his two daughters. This story caused much controversy in the news,
It is important to remember that there are many elements to Canadian Democracy outside of the court system. What other Aboriginal elements could we consider?
Lesson Plans
Title: Aboriginal Governance Structure
Subject: Canadian Studies/ Social Studies 30
Theme: Contemporary view of Aboriginal governmental institutions.
versus
World view of governance for the greater population of Canada: Government is often seen as remote and somewhat divorced from the people.
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