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History of Tsuu T’ina First Nations Court Proposal

History of Tsuu T’ina First Nations Court Proposal. 1996 Tsuu T’ina meeting with Alberta Minister of Justice on the concept of a tribal court for Treaty 7 First Nations 1997 Tsuu T’ina proposal for a First Nations Court

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History of Tsuu T’ina First Nations Court Proposal

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  1. History of Tsuu T’ina First Nations Court Proposal • 1996 Tsuu T’ina meeting with Alberta Minister of Justice on the concept of a tribal court for Treaty 7 First Nations • 1997 Tsuu T’ina proposal for a First Nations Court • 1998 Report of Review Team chaired by MLA Karen Kryczka with Tsuu T’ina, Alberta Justice and federal Justice representatives recommended the Tsuu T’ina proposal be accepted.

  2. Tsuu T’ina First Nations Court Proposal • The Tsuu T’ina justice proposal consisted of an aboriginal court and a peacemaking initiative. • The aboriginal court involves • a provincial court situated on the Reserve • aboriginal people participate in all aspects of the court • jurisdiction for criminal and youth initially with family, child welfare and civil to be added later • all matters arising on the Reserve or waived in • The peacemaking initiative involves diversion of matters from court to Tsuu T’ina community peacemaking for resolution of conflict.

  3. Office of the Peacemaker • Originally guided by a community panel that described the way peacemaking would function after matters were diverted from court or any other agency in 1996 • Limitations were passed down • Elders decided peacemaking would not be suitable for: • Homicide • Sexual Assault • Office was established November 1999 • Tsuut’ina Provincial Court opened on October 6, 2000

  4. Peacemaking and the Community • Research on Tsuut’ina Justice • Conform to protocol arrangements set out in the original proposal • Establish relationships • Court personnel • Clerks office • Court Services • CAPS • Tsuut’ina Agencies • Chief and Council • Tsuut’ina Police Service • Administration • Child and Family Services • Tsuut’ina Board of Education

  5. What was Traditional Peacemaking? • Part of the Dine (Athapaskan) linguistic family • Nomadic Plains People, Lived in teepees, Hunted buffalo • Allied with the Blackfoot Confederacy for about 300 years • Original estimates of population is about 2700 • Have adopted much of the Blackfoot culture • Became a society based tribe • Clan system was in place • Signed Treaty #7, September 22, 1877 • Elders knew of one way of meeting that was acceptable among all nations

  6. Peacemaker Training • Determined by Nation agencies • Include: • Mediation • Facilitation • Addictions Awareness • Suicide Awareness • Sexual Abuse Disclosure • Domestic Violence • Referrals • Confidentiality

  7. Peacemaker Process • Referrals: • Prosecutor • Police • Administration • Schools • Community • Intake: • Responsibility • Complainant Participation • Schedule Peacemaking

  8. Peacemaking Sessions • Attendees • Peacemakers (2) • Elders • Party 1 (accused and support) • Party 2 (complainant and support) • Resource agencies (police, counsellors, child welfare, etc) • Four Rounds • Round One: Prayer and Introductions • Round Two: Cause and Effect • Round Three: Resolution • Round Four: Closure

  9. Work Plan Objectives: • Provide for Adjudication and/or diversion of eligible Federal, Provincial, TTN By – Laws, Child Welfare, Family and Civil matters. • Serve as liaison for the regular function of the court. • Maintain efficient relations with social programs and the community.

  10. Objectives cont. • Educate, train and share information about the Peacemaker Program with other communities. • Complete the establishment of the new Peacemaker office and ensure its long-term stability and provide ongoing maintenance. • Provide monitoring, evaluation and fine tuning of the Peacemaking function. • Provide training for peacemakers as required.

  11. Objectives cont. • Host Advisory Committee Meetings. • Renovate Peacemaker Centre. • Secure custodian for the regular maintenance of the Peacemaker Centre. The current objectives are required for a successful Peacemaking Centre therefore we continue to fulfill our goal for the Nation.

  12. Closure • Successful • Success is measured by the circle • Consensus on success • If success is determined • Issue is closed • File is burned • If not successful • Issue is closed • File is burned • Letter of the outcome of peacemaking is forwarded to originator

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