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POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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Recommendation 27It is recommended that healing lodges be established in central locations-isolated, ruraland urban aboriginal communities-to service populations of 2,000 aboriginal persons or500 families. Healing lodges should provide services to children of violence, aboriginalwomen, and aboriginal men.Recommendation 28It is recommended that counselling by traditional aboriginal psychiatrists, psychologists,elders or traditional healers be mandatory treatment for all abusive men, even whenincarcerated.Recommendation 29It is recommended that services in aboriginal languages be made available throughoutthe criminal justice system.5. ConclusionThis study focused on the charging policies of various jurisdictions as they affected theaboriginal community and victims of violence, especially aboriginal women. It is notedthat ninety-two per cent of battered woman cases are not prosecuted. 2 What becameevident were the discrepancies arising from the charging policies and how this impactedupon law enforcement officers dealing with domestic violence in the aboriginal context.It has been found that police are reluctant to enforce the law, especially in charginghusbands for assault unless they receive strict guidelines or instructions. 32Elizabeth Sheehy, "Personal Autonomy and the Criminal Law: Emerging issues for Women" (Ottawa: CanadianAdvisory Council on the Status of Women, 1987) at 53.3Jane W. Ellis, "Prosecutorial Discretion to Charge in Cases of Spousal Assault: A Dialogue" (1984) 75: 1 Journal ofCriminal Law and Criminology 56-102.Pg. 10

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