<strong>Restorative</strong> <strong>Practices</strong>E FORUMservices. On the other h<strong>and</strong>, gambling hasdefinitely become a problem. The casinoprovides funds for a gambling addictionprogram within the community.Gambling addiction gave rise to asentencing circle attended by over 75community members. Two Mnjikaningcommunity employees were chargedwith the theft <strong>of</strong> over $100,000 <strong>of</strong>the community’s money, stolen due togambling addiction. Leanne Douglas saidshe felt it was an ideal case for the communityto resolve, instead <strong>of</strong> an outsidesystem, “because the community was thevictim; it was their money.” It took alot <strong>of</strong> work <strong>and</strong> negotiation, she said.“We had excellent lawyers who helpedus in this process <strong>of</strong> actually having itcome into our community, <strong>and</strong> we hada judge who was <strong>Native</strong>, so she came herewith the court clerks; it was all set up <strong>and</strong>recorded. We had the Crown Attorney<strong>and</strong> their lawyers.”Community members were glad to haveinput into the process <strong>and</strong> felt that healingresulted. As for the people who hadcommitted the theft, said Douglas, “It wasvery difficult for them. I think they werefrightened about facing the community,but they did have their family supportthere. They took responsibility for whatthey did <strong>and</strong> apologized, but definitely itwas a frightening experience—a lot morefrightening than st<strong>and</strong>ing in court <strong>and</strong>not having to say anything.”The judge took recommendationsfrom the community to determine thesentence, which did not include jail time.“But it was actually probably a toughersentence than what they would have gottenin a court system,” said Douglas.“They’re required to pay back all <strong>of</strong> themoney, which is probably a life sentencein itself. They were under house arrest<strong>and</strong> had three years <strong>of</strong> probation <strong>and</strong>community service hours.” They alsoreceived psychotherapy <strong>and</strong> attended aproblem-gambling program.May 26 2004The Ojibwe medicine wheel, asdepicted in the brochure forBiidaaban, the MnjikaningCommunity Healing ModelChristine Douglas recalled a communityhealing circle, held for a 10-year-oldboy who had fired a pellet gun <strong>and</strong> hitthe back window <strong>of</strong> a taxi going past hishouse. The driver called the police <strong>and</strong>they found the child. It was suggestedthat he attend a community gathering.The cab driver wasn’t able to attend, butthe taxi’s owner came. Said Douglas, “Hetalked about how terrified the taxi driverhad been when it had happened becausehe thought that he was going to be killed;he didn’t know it was just a pellet gun.He talked about the fact that now thecab driver might be afraid to come tothe community. And this child’s motherrelied on cabs because she had no car. Sohe was really able to see the impact <strong>of</strong> hisbehavior. His family was there, <strong>and</strong> wealso were able to talk about all <strong>of</strong> the goodthings that this child is doing. It workedreally well even though the child wasonly 10 years old. And nothing would’vehappened otherwise, because he was tooyoung to charge.”Asked if they felt that the Biidaabanprocess derives from traditional Aboriginaljustice practice, Leanne Douglas saidshe thought it did, “because people tookwww.restorativepractices.orgresponsibility for their behavior <strong>and</strong> itwas the community that tried to set themon the right path. If somebody was actingout <strong>and</strong> not behaving properly, it meantthat they were out <strong>of</strong> balance <strong>and</strong> that theyneeded to be brought back into balance.When we talk about balance <strong>and</strong> harmonywithin the community I think it comesfrom that.” Added Christine Douglas,“It’s a consensus model <strong>and</strong> I think that’svery much an Ojibwe model.”About the tie between justice <strong>and</strong>spirituality, Leanne Douglas said, “Weincorporate spirituality in everythingwe do—in our gatherings, in the workwith individuals. It’s a part <strong>of</strong> ourteachings—using the medicine wheel [a<strong>Native</strong> symbol used in healing <strong>and</strong> otherceremonies] to help the people we workwith underst<strong>and</strong> about their whole self.We look at their spirit, their heart, themind <strong>and</strong> the body, trying to keep that inbalance <strong>and</strong> having them underst<strong>and</strong> thatthey need to work in those four areas.”All healing circles open with a spiritualobservance. “If you’re a traditional personwe open with a smudge [a spiritualpurification using smoke from a burningbundle <strong>of</strong> sage or other sacred herbs] <strong>and</strong>a prayer; if you’re Catholic or Pentecostalor whatever it may be, we do an openingthat’s right for those people. There’sno discrimination about beliefs,” saidDouglas.Asked how the community has acceptedBiidaaban, Christine Douglas said thatpeople in trouble are interested in beingpart <strong>of</strong> the program, “because, atleast initially, they see it as a ‘Get Out<strong>of</strong> Jail Free’ card [as in the board gameMonopoly]. Then they come to realizethat it actually might have been easier togo to jail.”Unfortunately, said Douglas, sometimesthe community also sees the programas an easy way out, because theydon’t really know what it’s about. Fewpeople take part in the program unless© 2004 INTERNATIONAL INSTITUTE FOR RESTORATIVE PRACTICES 63⁄4
<strong>Restorative</strong> <strong>Practices</strong>E FORUMthe situation involves someone closeto them, she explained. She hopes thatcontinuing to educate the communitywill change this. They would like to getmore volunteers involved, especially inthe gatherings.Plans are in process to form a youthjustice circle. “We’re going to personallyinvite some people to be a part <strong>of</strong>that,” said Douglas. “Hopefully whenthey see what we’re doing in the youthjustice circle they’ll be able to underst<strong>and</strong>better what we’re doing with the adults.”Added Leanne Douglas, “We’re going totry to get a cross-section <strong>of</strong> our communityto be a part <strong>of</strong> that, <strong>and</strong> they can talkto their family about it, <strong>and</strong> it can filterdown a little bit.” The ultimate goal <strong>of</strong>Biidaaban, she said is “to have a healthy,safe community, to repair relationships,help people be in balance <strong>and</strong> be healthyin faith <strong>and</strong> happy.”Many articles on <strong>First</strong> <strong>Nation</strong> <strong>and</strong> <strong>Native</strong><strong>American</strong> justice can be found in theIIRP online library, including:“Sentencing Circles for AboriginalOffenders in Canada: Furthering theIdea <strong>of</strong> Aboriginal <strong>Justice</strong> Within aWestern <strong>Justice</strong> Framework,” by MelaniSpiteri. http://www.iirp.org/library/mn02/mn02_spiteri.html.“<strong>Restorative</strong> <strong>Practices</strong> Seen by theCourt,” by the Honorable Judge Jean-L. Dutil. http://www.iirp.org/library/t2000/t2000_jdutil.html.“Circle Sentencing: Part <strong>of</strong> the <strong>Restorative</strong><strong>Justice</strong> Continuum,” by theHonorable Judge Heino Lilles. http://www.iirp.org/library/mn02/mn02_lilles.html.“Aboriginal People <strong>and</strong> <strong>Justice</strong> Issues,”by the Honorable Judge MurraySinclair. http://www.iirp.org/library/t2000/t2000_msinclair.html.The <strong>Restorative</strong> <strong>Practices</strong> eForum willfeature other <strong>First</strong> <strong>Nation</strong>, <strong>Native</strong> <strong>American</strong><strong>and</strong> indigenous justice practices inthe future.May 26 2004www.restorativepractices.org© 2004 INTERNATIONAL INSTITUTE FOR RESTORATIVE PRACTICES 73⁄4
Change language