POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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9. Chapter 4 - What Alternatives Are Available For AbusedAboriginal WomenAre there alternatives within the community or region available to aboriginalwomen in violent situations?Forty nine respondents provided input as to whether there were alternatives within theircommunity or region available to aboriginal women in violent situations. They wereasked to identify them, for example, elder circles, holistic healing and so on. Feedbackfrom the survey indicated that there were a variety of alternatives for women in violentsituations. Although alternative resource centres are available they appear to be few innumber and access to them is a greater problem.a) Alternatives IdentifiedNative Justice ResponseThe Native Justice respondents stated that, in most cases, police services are notavailable to aboriginal women in remote communities. There are also no alternativeresources for abused aboriginal women seeking refuge from the offender. What isespecially lacking are aboriginally designed traditional alternative resources. Somecommunities have initiated women's circles, talking circles, healing circles or Elders'circles for used by female victims, and increasingly, for abusive men. Elders alsoprovide advice concerning abused women where they are represented on Boards oftransition houses or shelters. Women need immediate protection in violent situations.Shelters should be available in communities either to house abusive men, or victims.Some women's shelters are now available in a few aboriginal communities. Aboriginalwomen prefer to have "safe houses" available in their community or closer to home.Police responseThe police respondents reported that the victim is usually made aware of women'sshelters and is removed where the husband or boyfriend is arrested and expected to bereleased. Winnipeg respondents identified crisis lines, women's shelters, transitionhouses, and social service agencies offering group and individual counselling. All employaboriginal workers and incorporate cultural factors and aboriginal healing principles.Generally, no aboriginal community alternatives are available, but there is a transitionhouse for aboriginal women in Fredericton, New Brunswick. There are also aboriginalwomen's shelters in Kuujjuaq and Chisasibi, Quebec. A respondent from Akwesasnestated that abused women are removed from the home and taken to a shelter "in[Mohawk] territory."Pg. 26
Where the respondents did not provide alternative resource information, they did offerpertinent feedback. Some mentioned that the Band leadership in their area were beingcriticized for "being unresponsive to women victims." Others stated that tentative plansto set up "a community-based model for dealing with family violence was beingconsidered." It appears that some aboriginal communities are taking the initiative andresponsibility for resolving domestic violence."Most chiefs and council members are male and often exhibit bias in favour of themale partner in a domestic abuse situation. This can effectively chase the womanfrom her home and community. The unwillingness of chiefs and councils toaddress the plight of women and children suffering abuse at the hands ofhusbands and fathers is quite alarming. We are concerned enough about it tostate that we believe that the failure of Aboriginal government leaders to deal atall with the problem of domestic abuse is unconscionable. We believe that thereis a heavy responsibility on Aboriginal leaders to recognize the significance of theproblem within their own communities. They must begin to recognize, as well,how much their silence and failure to act actually contribute to the problem.Aboriginal leaders must speak out against abuse within their communities to theirown community members, and they must take steps within their own spheres ofcommunity influence to assist the true victims. Women and children who reportabuse should never feel they have to leave their communities in order to feelsafe. Aboriginal communities and their leaders must do what is possible to makethe home communities of abused women and children havens from abuse. Theproblem of abuse is dealt with presently by women either staying on the reservesand putting up with the abuse, or leaving their communities to live elsewhere, justto escape from it. It is clear, however, that most would prefer to stay in theirhome communities if they could be protected. 15 "b) Access ProblemsNative Justice ResponseThe lack of safe homes or shelters within the communities presents a barrier for those whofear retaliation from the offender. A respondent from Yellowknife stated: "Most communitiesdo not have programs or services addressing domestic violence due to the lack ofresources human and financial." The apparent lack of funding hampers any progress intrying to offer women and children the protection they need. Sometimes, women who leaveabusive men may have to leave their community. Generally, women's shelters are onlyavailable outside the aboriginal community. When aboriginal women have to accesswomen’s shelters outside their community this adds to their stress. The shelters providetemporary housing and sometimes counselling for women and children victims. "Safe"houses are also available to aboriginal women, but they are located outside the aboriginalcommunity. Usually, "safe" houses are located in urban centres. The urban safe house maynot be considered culturally sensitive, including if it is staffed with non-aboriginal workers.15A.C. Hamilton and C. M. Sinclair, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System andAboriginal People, volume 1 (Winnipeg: Province of Manitoba, 1991) at 485.Pg. 27
Page 1 and 2: Native Women’s Association of Can
Page 3 and 4: 9. Chapter 4 - What Alternatives ar
Page 5 and 6: 2. IntroductionThe results of this
Page 7 and 8: Recommendation 7The charging polici
Page 9 and 10: Recommendation 20It is recommended
Page 11 and 12: 6. Chapter 1 - Mandatory Charging P
Page 13 and 14: British Columbia, one respondent no
Page 15 and 16: Discrepancies concerning the applic
Page 18 and 19: c) Problems with Third Party Interv
Page 20 and 21: ) Mistrust of the Justice SystemNat
Page 22 and 23: g) Problem with the Failure to Foll
Page 24 and 25: j) The Community Must Take Responsi
Page 28 and 29: The Northwest Territories' responde
Page 30 and 31: Men with violent tendencies must de
Page 32 and 33: Geographical barriers prevent abori
Page 34 and 35: noted that it was only in the last
Page 36 and 37: 11. Chapter 6 - Discerning the Role
Page 38 and 39: causes." Tribal police are credited
Page 40 and 41: c) Need to Provide and Support Alte
Page 42 and 43: f) Need for Self-Policing for First

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