Thank you, Mr. Chairman. Mr. Chairman, on the Department of Justice, I want to make some general comments about the fundamental changes that must take place within the Department of Justice.
We cannot go on any longer with the present system which tells us that our beliefs and traditions do not matter, and will not be enforced, while we must follow rules that make no sense to our way of life.
Earlier today, I made a statement about the government's refusal to fulfil its promise to aboriginal people in the Northwest Territories in the area of family law. The government promised aboriginal people that there would be a major reworking of the Northwest Territories Family Law Legislation, so that laws will respect and enforce aboriginal traditions and values.
This is a four year old promise, Mr. Chairman, for fundamental changes that are crucial to self-determination of aboriginal people. Does the government really think that we will just forget about it?
Mr. Chairman, this project has been shrouded in secrecy from its beginning. We do not know how the project was organized, how it was contracted, what work has been completed, and by whom. People have come and gone, and four years later we have nothing to show for all those involved.
Mr. Chairman, we have no idea of what the government has paid for this lack of action. We know that there has been a lot. Is this government interested in being accountable to the public for the expenditure of public funds? Is it spending a lot of effort to avoid accounting for the cost of the project?
I would like to know how a private business could survive under such management. I know that it is not acceptable from this government. The public needs firm answers, we need a figure, and we need to know if there has been anything worthwhile produced.
Mr. Chairman, I also want to make some general comments about the entire justice system in the Northwest Territories, because this is an area in which the territories should take a lead role in aboriginal self-determination.
Mr. Chairman, Members know that the issue of the application of the current justice system to aboriginal people, is an issue of great concern to me. I have been raising the need for change in this House, for many years. For example, three years ago, I made a statement in which I said that the so-called Canadian justice system must be changed so that the criminal laws reflect the cultural practices, and traditional ways, of Canada's aboriginal people. The legal system has been termed well intentioned colonially, but it is time that this practice ends. The legal system must serve the people.
Mr. Chairman, over the years, I have come to realize that aboriginal people will not be served within the present justice system. As I have said in the House, I am convinced that the only way that justice for aboriginal people can be assured, is through the development of an aboriginal justice system.
Mr. Chairman, my words seem to have fallen on deaf ears over the years, but I will keep on pushing. I believe that a separate aboriginal justice system is the only way to secure justice for our people. If anyone doubts that there is unequal treatment of aboriginal people in our present system, there are more examples of reports and inquiries completed that confirms injustice. I could mention, Donald Marshall, a native man from Nova Scotia, was convicted of a murder that he did not commit, and spent 11 years in prison for it. The report of the commission looking into the case said that they were convinced if Donald Marshall had been white, the investigation would have taken a different course.
In Manitoba, the death of J.J. Harper and Helen Betty Osborne caused an inquiry to be held on the justice system and aboriginal people. The very first sentence of the report of the Aboriginal Justice Inquiry is "the justice system has failed Manitoba's aboriginal people on a massive scale."
In Alberta, a Cree trapper was shot in the back, and the man who did it was allowed to plead guilty to mans laughter, and received a full years sentence. The inquiry looking into the death was marked by attempts to block information from being heard.
We know that injustice has happened in the Northwest Territories. The case of Kitty Nowdlak Reynolds, an Inuit women who was victimized once by sexual assault, and a second time by the actions of the Crown Prosecutor and the R.C.M.P.
Mr. Chairman, these are only some of the people whose tragic situations have made the headlines. There are countless hidden tragedies. The Manitoba Aboriginal Justice Inquiry recommends that the federal and provincial governments recognize the right of aboriginal peoples to establishing our own justice system as part of the inherent right to self-government, and commit themselves to establishing a constitutionally protected aboriginal justice system. The Canadian Bar Association and the Law Reform Commission of Canada have formally supported the establishment of separate aboriginal justice systems.
The constitutional package that was recently reached by aboriginal leaders, territorial leaders, and the provincial and federal government would provide the framework for the incorporation of a third order of justice. A third order of government, controlled by aboriginal people.
We should be moving now, to examine the models on which a separate aboriginal system could be based.
In February, 1990, I made a statement about my trip to the Navajo Reservations in the United States, to look at the Indian Tribal Court System. I was impressed with their system, and the advances they have made. The reserve has its own aboriginal judges, lawyers, and police force. They have also been developing traditional methods to dispute resolutions, such as, using peacemakers to resolve issues rather than court system, in some cases.
Another model, is the Northwest Inter-tribal Court System in Washington State, as well, in 1989, there was a tribal courts symposium held in Manitoba. When those who attend, heard from several American tribal court judges and court officials, about how they run their courts, there were a number of tribes with populations similar to Canada's First Nations, who operate their own fully functional justice system.
I hope it is clear that we cannot just tinker with the present colonial system, in the hopes of having it represent aboriginal people better. We cannot do that. In my view, it is crucial to the development of aboriginal self-government, and the aboriginal administration of justice for our people. Aboriginal communities should be entitled to, en-act their own criminal, civil, and family laws, and to have those laws enforced by their own justice system. Certainly, it would also be possible for federal and territorial laws to be adopted, as well.
We have to ensure our people have respect for the teaching of elders, and for our traditional customs. This would not be any different from the traditional Canadian legal system, which is based on English common law.
Aboriginal people must be able to govern themselves in a similar way, based on our traditions, customs, beliefs and values. This must be the foundation of the development of an aboriginal system.
Mr. Chairman, there are no excuses to delay any further. The Government of the Northwest Territories is in a unique situation to take a lead role in the country, by creating a separate aboriginal justice system, for the aboriginal people of the north. It is time that we quit talking, and start acting.
I do not know how many more tragedies we need to witness, or how many more organizations, and inquiries, we need to hear saying that this should be done, before the government does something.