POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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The Northwest Territories' respondents reported that ten of the fifty-seven communitieshave women's shelters. They offer a wide range of services such as counselling,support and referrals. However, victims can only gain access to these shelters inYellowknife. Some respondents stated that even facilities available in urban centres aretoo small to accommodate abused aboriginal women and their children. In Labrador,urban-based "safe" houses are available by air from all communities except one.Other access problems facing battered aboriginal women in a crisis situation include thelocation of women's shelters in large urban centres. This leaves abused women noalternative but to leave their aboriginal community. In Ontario, one respondent noted thatthere were aboriginal - specific alternatives, but stated that "access to these servicesvaries widely." One respondent noted that there are safe houses for women but not forthe husband.Police ResponseOver the past few years, some efforts have been made by communities and the policeto develop alternatives for women in abusive situations. Access to service varies.Some of these alternatives include: women's shelters, "safe" houses, transitionhouses, sexual assault centres, counselling, family counselling, social services, <strong>Native</strong>women's associations and healing circles. The Royal Canadian Mounted Police havealso developed Victim's Services units. Police respondents reported a variety ofproblems concerning access to alternative resources for aboriginal women. Someoutlying communities have to access urban-based women's resource centres. TheRoyal Canadian Mounted Police report there are shelters and counsellors availablewithin a reasonable distance of isolated communities. There is no women's shelter atSiksika, but abused women can access a shelter in Calgary. The woman may not beable to leave a violent situation because of the cost of travel.Some aboriginal women and law enforcement agencies have noted that shelters forabused women are not available in most aboriginal communities. They are locatedoutside the aboriginal community and the policy of removal of victims leaves the accusedin the home. Often the accused remained in the community with access to the victim. Theremoval of women and children from the home is an option. The woman victim will beremoved from the home if she is in danger, or if the husband is not arrested. This kind ofpolicy needs to be reviewed. Why make the victim homeless in addition to being abused?Some police are presently looking at removing the offender from the home instead of thevictim(s). Also, if the evidence warrants it, then the problem of having the abused womanfeel re- victimized by removal from the home is eliminated.The problem of accessing alternative resources for handling aboriginal spousal abuseand family violence may be hindered by the charging policies. Some communities,however, have discussed sentencing diversion projects or measures to involve thecommunity members more in eradicating family violence. The charging policies,however, require that all cases be brought to court if known to the police. Some of thediscussions to control family violence have lead to the establishment of drug andalcohol abuse centres.Pg. 28
In some cases there are no alternatives for women victims of spousal abuse such aselder involvement or healing circles. One respondent suggested aboriginal women seethe Indian Act Band Councillors for assistance, as an alternative.c) Community Involvement and Responsibility<strong>Native</strong> Justice ResponseCommunities need to become involved in a consciousness raising effort to end violenceagainst women and children. One major difficulty which hinders community involvementis lack of resources to develop holistic healing alternatives. A respondent from NovaScotia reported:"Increasingly there are alternatives because of the development of Mi'kmaqFamily Services and most recently the development of transition and counsellinghomes and programs. One of these latter has just become operative on CapeBreton (on the Whycocomagh reserve) and another is supposed to come onstream within a year on the mainland (on the Millbrook reserve). As part of thelatter development programs... holistic healing is being considered." 16One respondent suggested that abusive men should attend healing circles like thewomen. Part of the healing process must involve realizing his own role in the violenceagainst his spouse.The aboriginal community should try to accommodate women in violent situations. Theavailability of an alternative resource for women in these situations is critical at allstages of domestic violence, whether as a preventative program or for follow-upconsultation. Most respondents felt that establishing aboriginal-oriented shelters locatedwithin the community or region would greatly benefit aboriginal women in domesticviolence situations.It has been suggested that community councils on family violence be established inaboriginal communities to replace non-aboriginal justice systems. This proposal wouldmean that no charges would be laid by police. It also means the aboriginal communitygovernment would make the offender responsible for his actions."There has to be enough autonomy for a community council to make the manknow that this is what he will have to go through. There should be no other placefor the man to go if he does not accept the decision of his community. He needsto know he will not be accepted in his community if he is violent." 1716Don Clairmont, Sociology, Dalhousie University, Halifax, N.S.17Kuujjuaq (Quebec) at 36.Pg. 29
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 26 and 27: 9. Chapter 4 - What Alternatives Ar
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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