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Judged by one’s peers

Elders help shape Nunavut’s court system

KIRSTEN MURPHY
Nunatsiaq News

Paniloo Sangoya believes in healthy communities. When friends and family request his personal guidance, Sangoya, like many Pond Inlet elders, opens up his home and offers advice.

This form of traditional Inuit conflict resolution has also become an integral part of Nunavut’s justice system.

For 10 years, elders have been sitting alongside judges during court proceedings. Sangoya belongs to Pond Inlet’s elder panel.

Before a judge delivers a sentence, elders have the opportunity to address an accused. Their personal comments often reflect how crime affects a victim and the community.

"I’m glad you’re embarrassed," says Elisapee Ootoova to a weeping 16-year-old girl who breeched a probation order not to drink. Police found the teen faced down, passed out in the middle of the road. "When we tell you the right things about life and you should listen to us."

Elders statements in many cases are as powerful and lasting as a judge’s comments, says justice Robert Kilpatrick.

"Elders have a tremendous advantage because not only do they know the individual appearing before the court, but they know the family history. Their comments provide an interesting background that the court might not otherwise be aware of and which can make a big difference in [sentencing]."

An accused who meets with elders outside of court sends a sign to the judge that he or she is perhaps remorseful and motivated to change, Kilpatrick says. If an elder talks about the accused and his or her attempts to get counselling, a judge might consider that a sign of positive rehabilitation prospects. Mention of a person’s history of victimization, such as physical abuse, sexual abuse or neglect is also helpful.

"If the individual before the court appears to have strong support of the elders, depending on the situation, it increases the prospects of a restorative approach," Kilpatrick says.

In Pond Inlet, each elder takes a turn speaking. In Cape Dorset, a different system is used. Elders meet before the court sitting and review the docket. One person is then designated to address the accused on behalf of the group.

Chief justice Beverly Browne is credited with inviting elder input — starting in Arctic Bay where senior community members were observing proceedings from the gallery.

"Elders are a significant element in the social control of this region. I think it makes a difference to hear from them the same comments a judge is making," Browne says.

Most but not all Nunavut courtrooms use elder knowledge. In the Kivalliq region, the idea has yet to catch on simply because community court is a new concept. Until division from the Northwest Territories in 1999, criminal matters were heard in Yellowknife.

In Iqaluit, elder justice panels have not been successful mainly because of the size of the community and the scheduling problems that creates. Elders in Iqaluit would not necessarily know the people before the courts — a significant component of the program. In addition, given Iqaluit’s growing and transient population, the sheer volume of cases, many of which are adjourned, makes it difficult to schedule elders.

Elders are paid for their work. Many communities have justices of the peace — not necessarily elders — who also take part. Community justice committees or local justices of the peace typically select the elders. Similar to other community-based restorative justice programs, elder participation is one way to address Nunavut’s relatively new and developing court system.

How often court is held in a community varies. In Cape Dorset, eight sittings have been scheduled this year. In Gjoa Haven, three sittings have been set.

Circuit court is not without its difficulties. In the absence of proper courthouses, community halls typically serve as courtrooms. Heating problems and power difficulties are common in the winter.

"We’ve been know to conduct court wearing parkas," Kilpatrick said.

As the justice system turns to more restorative and community-based approaches, elders will continue to be part of the process.

"I consider elders to be the same level as I am, which is a sitting judge. They’re entitled to as much respect as the judge is. They don’t want to be seen as judges. They’re not there to impose sentences. They’re there to assist in what is viewed as a traditional role as an elder: providing guidance," Kilpatrick said.

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