POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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noted that it was only in the last year (1992) that police and judges are willing tointerfere in domestic violence situations in their area. Aboriginal women feel guilty whencharges are laid and they have a hard time dealing with the guilt. They also sufferemotionally and economically when their partner is gone, particularly if they areostracized by the community. This may be one of the contributing factors explaining whyabused women take back abusive men once they have served their time. In child abusesituations, however, the social workers are notified first - before police.A high tolerance for community violence is evident where "political interference byIndian Act Chiefs and Council is quite common." There appears to be come ambiguity,however, as to whether Indian Act governments allow police on reserve to lay chargesin domestic violence situations.Police ResponseAboriginal women face a high community tolerance of violence against women, andviolence in general. A change in attitude at the community level is necessary tocondemn and stop the violence. Today, the majority of aboriginal peoples live in small,remote communities spread over 2,000 geographic locations. Most communities have apopulation of less than five hundred people. An Alberta study noted that:"In most Native communities, the interrelationships between families are veryclose: the total population is small and the number of children in each familytends to be large. As a result, a great many crimes involve family members ofeither victims or offenders. (1982: 18) 22In addition to spousal assault, family crime includes incest, or sexual abuse, andcommunity crimes including gang rape. Aboriginal communities need to adopt a zerotolerancepolicy against all kinds of violence.The most disturbing aspect of all this is child abuse. This abuse is both physical andsexual. All cultural groups have prohibitions against incest and sexual interference withchildren, but adherence to those rules appears to have broken down both in the broaderCanadian society and in Aboriginal society in Manitoba....Dr. Longstaffe said thesituations facing Aboriginal children on reserves were particularly worrisome. Thechildren often were the victims of multiple assaults from numerous, and often related,individuals, and often were threatened if they took their complaints to the authorities. Inreserve communities, the lack of communication between social agencies, and the lackof connection between the community and the justice system, led to a number ofdisturbing consequences… The report of the Child Advocacy Project stated:22Carol Pitcher LaPrairie, Native Women and Crime: A Theoretical Model (Ottawa: Ministry of the Solicitor-General ofCanada, 1986) at 5.Pg. 34
"The need for bold action is apparent. Children are suffering from trauma,physical injury, and psychological devastation that result from sexual abuse. Theinjuries to self-esteem, trust, and emotional functioning last a lifetime. Theincidence of sniffing, alcohol abuse, eating disorders, suicide, depression, andsexual acting out among Indian children suggest that the problem of child sexualabuse has reached epidemic proportions." 2323A.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 489. Contributors to this chapter include:MicMac Native Friendship Centre, Halifax, N.S.; Chief Coroner, GNWT; Victim/Witness Assistance Program, BurnsLake, B.C.; Labrador Legal Services, Happy Valley-Goose Bay, Labrador; the Group Home Board of Nain, Labrador;RCMP Ottawa; RCMP Cartwright, Labrador; RCMP Happy Valley, Labrador; Council for Yukon Indians,Whitehorse, Y.T.; Gitksan-Wet'suwet'en Education Society, Hazelton, B.C.; RCMP Regina, Sask.; Ontario SolicitorGeneral; Native Para-Judicial Services of Quebec; RCMP Chetwynd, B.C.; Nemaska Band Council, Quebec; RCMPMilltown, D'Espoir, Newfoundland; Department of Justice Canada; Judge Coutu, Quebec; Miawpukek Mi'kamaweyMawi'omi, Amelia Joe Medical Centre, Conne River, Newfoundland; Ministry of Community and Social Services,Windsor, Ontario; Dakota Ojibway Tribal Council Police, Brandon, Manitoba; RCMP Regina; Legal Aid Manitoba,Winnipeg, Man.; Kuujjuaq, Quebec; Ma Mawi Chi Itata Centre Inc., Winnipeg, Man.; NWT Social Services; SiksikaNation Police Services, Gleichen, Alta.; St. Mary's Band Administration, Cranbrook, B.C.; Native Women's TransitionCentre Inc., Winnipeg, Man..Pg. 35
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 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 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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