2. Women's Perspectives - Christian Aboriginal Infrastructure ...

As we concluded in Bridging the Cultural Divide, the provisions of the Charter,
particularly section 25, operating in conjunction with Aboriginal charters, means that
Aboriginal nations have a wide measure of flexibility to design justice systems more
reflective of their own cultures, customs and traditions. (For a complete discussion of
issues surrounding the Canadian Charter of Rights and Freedoms, see Volume 2, Chapter
3.)
Until the fundamental restructuring of relationships between Aboriginal and non-
Aboriginal governments takes place, we believe it is necessary to establish transitional
measures. In Bridging the Cultural Divide, one of the transitional mechanisms we
recommend is the establishment by legislation of an Aboriginal justice council. This body
would determine which Aboriginal initiatives would be funded and what the level of
funding would be. It would be broadly representative of First Nations, Inuit and Métis
peoples, Aboriginal people from urban areas, and women and youth. Among other
functions, it would undertake research. We also identified a number of issues that call for
the kind of research best performed by Aboriginal legal scholars and practitioners in
conjunction with members of their nations. We have in mind, for example, the
development of Aboriginal charters of rights and adjudication processes.
We also recommended that the government of Canada convene an intergovernmental
conference of federal, provincial and territorial ministers of justice and attorneys general,
solicitors general, ministers of correctional services and ministers responsible for
Aboriginal affairs to address the issues raised and recommendations made in Bridging the
Cultural Divide. Representatives of Aboriginal nations, communities and organizations
should also be invited to attend, including those who work directly in the development
and implementation of Aboriginal healing and restorative justice projects. We therefore
see strong participation by Aboriginal women.
Other initiatives must also occur. In Volume 3, Chapter 2, we discussed family violence
as it was described to the Commission by Aboriginal women, men, people with
disabilities, youth and elders. We discussed the various barriers to change and provided
some guidance to solutions advanced by people in the communities. We also set out some
ground rules for action suggested by those who spoke to us:
• Do not stereotype all Aboriginal people as violent.
• Make sure that assistance is readily available to those at risk.
• Do not make social or cultural excuses for violent actions.
• Attend to the safety and human rights of the vulnerable.
• Do not imagine that family violence can be addressed as a single problem.
• Root out the inequality and racism that feed violence in its many forms.
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