locating the roots of restorative justice in traditional aboriginal philosophy

8/10/2019 Locating the Roots of Restorative Justice in Traditional Aboriginal Philosophy

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n

LOC T ING TH E ROOTS

OF

RESTOR TIVE

JUSTI E

IN

TR DIT ION L

ORIGIN L PHILOSOPHY

Simon FraserUniversity

School ofriminology

International xchange Program on

Victimization

Mediation and

Restorative

Justice

Supervisor Prof T Palys Stephanie Dehert

April 1998

L


2/62

KATHOLIEKE

UNTVERSITEIT LEUVEN

FACULTEIT

RECHTSGELEERDHEBD

Academiejaar 1997 1998

De hedendaagse vormen van Restorative Justice

L gebaseerd op de cultuur van de autochtone

Noord -Amer ikaan

i j

I

i

i

|m

Promotor: T. Peters Verhandeling ingediend door

Stephanie DEHERT bij het

I ein ex men

voor e gr

v n

)

T

T/P n^

V

TrT T

A A r

T V T ^ / *TT^ IT l i

LICENTIAAT

IN

DE CRIMINOLOGIE


3/62

PROGR M

FOR

COOPER TION

IN

HIGHER EDUC TION

ND

TR INING

ETWEEN

THE EUROPE N COMMUNITY ND

N D

fere

Deze eindverhandelingis geschreven inhet kader van het Program for cooperation in

higher education andvocational trainingbetweentheEuropeanCommunity andCanada .

Dit uitwisselingsprogramma werdvoor deeerstemaal georganiseerd in het

academiejaar

1997-1998 en heeft de specifieke thema s Victimization, Mediation and Restorative

Justice . Het uniekevan dit programma ligt inde combinatie van een theoretisch en een

praktijkgericht luik.

Gedurende de maanden augustus en September namde geselecteerdegroep

internationale studenten deel aan een intensieve cursuster voorbereidingvan het

praktijkgerichte

luik

Deze cursus behandelde de bovengenoemde thema s en werd

gedoceerd door eenuitgelezen groep internationale sprekers enmensen uit depraktijk

Deelname aan de Postgraduate course on Victimology en het DCth International

Symposiumon Victimology: Caringfor Victims te Amsterdam, werd gemtegreerdin de

lessenreeks

Na de lessenreeksvertrokken de studentennaar hunrespectievelijke

gastuniversiteiten. Ter plaatsewerden er regelingen getroffenomtrent stage en

academisch werk

De evaluatie van de student verliep volledigvolgens de criteria van de gastuniversiteit.

Deze eindverhandelingwordt tevens verdedigd en beoordeeld aan de K.U.L., met het

oog op de aanpassingvan de behaalde punten aan de normenvan Leuven.

Zelf studeerde ik aan SimonFraser Universityte Vancouver, onder begeleiding van

Professor Ted Palys.

Mijn stage liep ik in het halfway-house Circle ofEagles Lodge Society (C.O.E.L.).

Dit was een halfway-house uitsluitend voor Aboriginal offenders . Door het aangeboden

programma van C.O.E.L., kwam ik in contact met de cultuur van de autochtone Noord-

Amerikaan. In het kader van mijn stage werden er ook gevangenisbezoekenafgelegden

nam ik deel aan de conference: Reclaiming Restorative Justice: National Elder and

Native Liaison

Conference


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t r

L

IjjSj

De eindverhandeling diende te wordengeschreven in de taal van de gastuniversiteit

zijnde het Engels De presentatie van dit eindwerk werd beoordeelddoor

rof

R

Gordon Prof L Elliot and Prof B Burtch


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f irt

I

want

to thank

all

the

Aboriginal

people

from

Circle

o Eagles

Lodge Society who opened their hearts to me and sharedso much o

their

worldwith me. In particular I wantto thankthe

Elders

Marjorie

White Joe

Page

Lloyd Turner andWaneitta Settler.

I also want to thank the people who made it ableto pursuethis

learning path: Prof T. Peters

ro

E. Fattahand Katrien Lauwaert.

Special thanks

also

to my supervisorProf. T.

Palys

for supportingme

in writing this kind o

paper.


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I

Locating

the

roots of Restorative

ustice

in Traditional

boriginal Philosophy

ntrodu t ion

Restorative justice as a basicanduniqueresponseto crimehasreceived much

attention in the 1990 s, with restorativejustice initiatives turningup all over the world.

The growth in mediation,the use of sentencingcircles in Native communities and the

substitution of community conferences forcourt hearings in juvenilejustice areall

examples. Their popularityis inspiredat least in part

by

dissatisfactionwith conventional

criminaljustice, which has failed to challenge crime rates and fears amongst citizens.

L Restorative justice deals with the needs and concerns ofboth victims and offenders, and

L thereby transcends some shortcomings

of

the adversarial system.

Notwithstanding the attention it hasreceived,Dignan(1997) suggests,

L

There is

no

shared agreement

s

to what constitutes restorative justice

nor

is

there

a

j

r l

definition ofrestorative justice. There

isn t

even aconsensus over the

underlying

theory or philosophy(13). Perhaps this is not surprising given the short history

of

this

* new paradigmin the Western criminal justice arena.

/ To find a definition andanunderlying philosophy it mightbe helpfulto look backin

history. According to

historical

sources, restorative justicehasexisted since

humans

began forming communities (Weitekamp,

1997:

2). Historical and

anthropological

evidence shows that in pre-modern Europeandinmanynon-European societies before

colonialism, reconciliation and redress were the common ways ofaddressing criminal


7/62

L

1^,

conflicts (Bianchi,

1997:

10). Today, the old ways, whichwere supplanted by the

modern philosophyof criminal justice, inspire contemporary efforts at reform.

Perhaps it is no coincidence that the re birth of restorative practices

first took placein New Zealand, Australia and

Canada

allcountries

where an indigenousway ofhandling conflicts hasbeen oppressedby an

adversarial

Western

culture

(Wright, 1997:1-2)

The newest developments in restorative justice resemble forms

of

justice used by

indigenous people. Most modern versionsof restorative justice inNorth Americacanbe

traced to one of two roots: Aboriginalhealing traditionsandthe non-retributive

responses to harmadvocated by many

faith

communities.

An explorationof the processesunderlying Aboriginal justice approaches maybringus

closer to a life-philosophy which offers a foundation forcurrent-day restorative justice.

But to reallyunderstandthe sourceofAboriginal justice approaches andAboriginal

dispute resolution, we haveto digdeeperandsearch forthe

basic

ethics,valuesand

beliefs

o f traditional

times

Aside frommy literature-overview, my personal experience

of

four months

field

practice in a halfway-house forAboriginal offenders introduced me into the origins of

restorativejustice and the valuesand beliefsofFirst NationsPeople.

After presenting a description

of

contemporary restorative justice andAboriginal

justice, this paperwill examinehow different or

similar

these two approaches ofjustice

re


8/62

t j

t t

etho ology

The methodology utilized in this paper does not include measurements and

quantitative

n lysis

My researchstrategyis qualitative. With myqualitative approach, I

want to describe and analyze the Aboriginal justice approach, and the Aboriginalethics,

values and beliefs from the Aboriginal point ofview. I believe one can only study

another culture or social realitythrough a commitment to viewing this reality fromthe

perspective of the peoplewho are beingstudied:

The thought objects constructed by the social scientist, in order to grasp

this social reality, have to be founded upon the thought objects

constructedby the common-sense thinkingofmen, livingtheir d ily life

within

the social world

(Schutz, 1962: 59)

As a consequence

of

the fact that measurements, quantification and statistical n lysis

are not part

of

Nativetradition, they are not included in this paper. My information was

derived through participant observation- talkingwith Native People, and observingand

participating inNativeCeremonies. In order to see things from anAboriginal point of

view, I listened to them, thought and feltwith them. I did not use any impersonal

apparatus, suchas a questionnaire, sinceI amof the opinionthat suchtechnical

instruments create a distance between the investigator and the investigated. With the

objective

of

getting closer to the people, myresearch strategywas relativelyopen and

unstructured

During my immersion in the world

of

FirstNations People, the experiencethat was

most salient was that, as an observer, I could not separate my feelings andmyselffrom

what I was observing. TheWesterninsistence on objectivity contradicts the teachings

of

First Nations People about what true learning is. According to Aboriginal teachings,


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objectivity is an illusion andwe cannothelpbeing engagedwith the things around us

(Ross, 1996: 161). you commit yourself to this process, everything is perceptual, and

constructed. Although my given

personal

reflections may seem contrary to the objectives

o

a typical researchpaper, I have chosen not to dress up the understandingsI came to in

objective and nonpersonal

language.

This

paper

is my

personal

constructionanddoes not

pretend to have truth .

I am also not insensitive to the limitso my ability to see through other people s eyes.

Since I am anoutsidero Aboriginal culture, I will not see all things,which areimportant

to Native People. AlanBryman(1988) explains this in the followingway:

^ The

presentation

of

the

Natives point ofview can be viewed as

compromising three components:

the way inwhich the Natives view the world; the ethnographer s

f

interpretation

o

how they view theworld and the ethnographer s

construction

o

his or herinterpretation

o

the Natives view

o

the world

for the ethnographer s own intellectual andculturalcommunity.

f y

I

In tryingto present the Aboriginals point o viewon restorative justice, I m bringing

together two very different

intellectual

traditions: that

o

science andthat

o

Aboriginal

Peoples.

The mainpurpose

o

this paper isto expand the philosophical and

spiritual horizons

o

the paradigm

o

restorativejustice . Restorativejusticeis more than a list o programme

specifications that canbe implemented andassessed through themethodso the

physical

sciences. A broader considerationo the subject

o

restorativejustice is necessary. After

contemplating the Native teaching o how everything is connected, I felt it important to

emphasize a more holistic approach inthis

paper.

To do so, I will explore how my

involvement with First Nations People influenced the discovery o my

own

spirituality,


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p

L

i

since the philosophy andunderstandings that were integral to that experience, run

parallel

to those thatunderlie restorative justice Since NativePeople do not separate

spirituality andjustice, I cameto the conclusion that spirituality hadto be a

part

of

my

approach and not a separate entity. Unfortunately, spiritual concepts are not easy to

convey within the frameworkofa paper I alsoworry that the disclosure of sacred beliefs

and practices may inadvertently lead to more misunderstanding and create further

alienation between anglo and Aboriginal

cultures

Moreover, I must acknowledge my

own limitations ofunderstanding and experience. This paperwill not incorporateor

discuss any specifics with respect to

traditional practices

nor does it purport to offer any

definitive view of Aboriginal practices . I will only

describe

what the experience ofthe

Aboriginal processof healing has meant to me; according to Aboriginalteachings, that

is all any ofus can do, in any event.

Although it is counterintuitive to reflect Native values, beliefs andteachings basedon

an oralhistory and on storytellingin a written paper it is the only means available within

the Western cultural apparatus.

As

Wagner suggests 1981):

An

anthropologist experiences, in one way or another, the subject

of

his

Study; he does so through the world

of

his own meanings, and then uses

this meaningful experienceto communicatean understanding to those

of

his own culture. He canonly communicatethis understanding

if

his

account makes sense in terms

hi s

culture

The use ofa morenarrative style inthis

paper

is more compatible with the Aboriginal

intellectual traditions andways ofknowing. Another thing the reader will find are

quotes without precision to the speaker. This is to honourthe widespreadAboriginal

understandingthat information must be

shared

in ways that leave it open to the listeners


11/62

\ f e j

to take whatevermeaning theywish to find inwhatthey

heard.

According to this

teaching the nameof the

speaker

is

of

no importance.

Inwriting this

research

paper

on restorative justice, I wasoftentornbetween my

commitments to my

academic

discipline andto the Aboriginal teachings thatwere given

to me. Despite this, itwaswithjoy andappreciation I

reached

beyond the

frontiers

of

our usual way of thinking.

1 R STOR T IV

JUSTICE

1.1The concept

As mentioned earlier, thereis some confusion surrounding the conceptof restorative

justice.

syet there is no sharedagreement as to what constitutes restorative

justice practice ; noris there any

consensus

overthetheory or philosophy

underlying the practice; or even over how the term restorative justice

shouldbe defined-as its criticshavebeen swift to point out.

(Dignan, 1997:13)

Accordingto

Dignan

(1997) policy-makers, practitionars andeven

academic

commentators

fail

to distinguish restorativejusticereforms fromvictim-oriented reforms

andother victim-basedmeasures, which he believesbelongto rather different

philosophical traditionsand practices.

If one followsDignan s distinction, whatcharacterizes restorative justiceis the

balanceof importance

of

both the victim and offender.

In restorative justice, crime is seen as a conflict between two individuals, and not as a

conflict between an individual and the state. The conflict causesharmto victims,

offenders and the community. A restorative justice response to

crime

does not simply


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i

dispense punishment to anoffender, butattempts to

create peace

by

reconciling

both

parties and

repairing

the

injuries

and damages. Active participation on the part of the

offender and the victim is required in the peace-making process . Sometimes members

of the community arealsoableto participate in the process, if they wish.

1.2 The practice

There is much diversity

of

practice withinthe restorative justice framework. This

emerges from the nature

of

the concept itself: restorative values canmanifest themselves

in a variety

of

forms. Mediation, sentencing circles andcommunity conferencesin

juvenile justice areall examples.

Dignan 1997)

differentiates

between three

different

setsof restorative justice

initiatives: (1) the Civilianmodel ; (2) the Reparative model ; (3) the Communitarian

model . In this paper I will only considerthe reparative and communitarian model asthe

civilian

modelhasthe weakness

of

only

focusing

on the

ameliorating of

the

plight of

offenders; the provision ofhelp for the victimis onlya by-product. Because

of

this

limitation the civilian modelis not relevant to consideration ofarestorative justice

approach.

1.2.a heReparative model

The Reparative model or the Victim-Offender Reparation modelsupports the

principleof returning conflicts to the parties themselves for resolution. The model

focuses on reconciling

victims

and offenders, diverting offenders and balancing the

interests both victims

and offenders


13/62

p

t

if n

8

To

reach

these

aims

mediation , apologizing , compensation and other

reparative

work is used. However,

th

model is associated most oft n with mediation . Mediation

involves a victim andoffendermeeting

each

other face to face inthe presence

of

a

mediator, or the mediator acting as go-between when either the victim or offender does

not want to meet the other

party.

The Reparative model is used at the pre-court stage

alternative dispute resolution), at the court

stage

sentencing) andthe post-court stage

prison and community programming).

Illustrative of this model is the Victim-Offender Reconciliation Project known as

VORP) of the Christian Mennonite society e.g. Langley), which operatesat a pre-court

stage.

The

focus

ofVorp is on

reconciliation

between victims

and

offenders. Vorp works

towards the

breaking

down

of

the stereotyped

images

of victim

and

offender by

bringing together the peopleinvolved. The victimsthey work with areprivate individuals

or smallbusinesses. The crimesthey focus on areusuallybreak and enter, theft, wilful

L damage, mischief and

assault

see brochureVORP: 1991)

, The mediator or the objective third party is anassistant in the mediation process who

tries to facilitate interactionbetween the parties: he provides the introductions, sets the

basic groundrulesandguides participants through the process. However, it is the

parties

who have to find a solution themselves, this is not the

t sk of

the mediator.

The approachof the reparative model has advantages for both victim and offender.

The advantages for the victimare restoration of losses the chance to participate inthe

decision-making process andthe opportunity to get answers to his/her questions and

ease of the fears and anxietiesregarding the offence. All this cancontribute to the

victim s sense

of

well being and can give a chance to forgive andbury the unpleasant


14/62

Ijjjgrt

^m

experience in the

past.

Forthe offender, it means

finally

paying his/herdebt to society

and to his victims. He/she is encouraged to take responsibility and comes to see the

humanconsequences

of

his actions.

2 bThe Communitarian model

The Communitarianmodel differs in several aspects from the Reparative model . In

contrast to the Reparativemodel , thismodel hasa cleartheoretical foundation, namely

the theory of Reintegrative shaming . According to Braithwaite (1989), cultural

commitments to shaming arethe key to controlling

all

types of crime. The crucial

distinction is

between shaming that is reintegrative and

shaming

that is desintegrative

j Desintegrative

shaming

is called stigmatization. When expressions ofcommunity

disapproval

are

followed

by

gestures

of reacceptance, thereis reintegrative shaming .

Disintegrative

shaming

labels offenders

as

outcasts.

he

main

goals

of the ommunitarian model are the reintegrative shaming ofthe

offender, the

reintegration

of the victim

and

the

empowerment

ofvictims,

offenders

and

community.

^ These aims are reached

with

the same measures

the Reparative

model uses:

L apologizing , compensation and

other

reparative work.The difference isthatthe

Communitarian model is more focused on reintegration and thus makes the

community very important.

|

Community

Conference

and

Family Group Conference are examples ofthe

ty n

operational practice ofthe Communitarianmodel . In these kinds

of

conferences, in

I

addition to the victim and the offender,those who aremost supportive towards them and


15/62

otherrepresentatives ofthe community also take part. The

offender and

his/her family

are supposedto

formulate

a plan

ofaction that

involves reparation, apology

and

prevention

of

repitition

of

the

act.

All

participants

have

to

decide

if

the

proposed

plan

is

acceptable. In

w

ZealandFamilyGroup Conferencingis a centralelement in the new

youthjustice system. The involvement of interested parties

other

than the victim), and

also the police

and

Youth Justice

Co-ordinators, and,

occasionally the courts,

appears

to

provide

a

mechanism for addressing the

concerns of

the

wider

community as well

(Dignan,

1997:

25) .

The

advantage

for thevictimis his/her

reintegration

into the community

and

the

symbolic

and material reparation of

the

harm

done.

And the offender

is

finally

able

to

take his/her responsibility

and

to

reintegrate

again. The community

also

benefits from this

process; community -harmony is restored.

l

I 1.3 History

The restorativejusticemovement is a

relatively

recentevent. The interest in

reparation andmediation as alternative responses to the problem

of

crime

first

emerged

^ during the

1970s

and 1980s. The use of

restorative

justice

as an alternative process

to

( the present criminal justice system is stillin its infancy. The maincontributions came

from victim-offender reconciliation projects inNorthAmerica. The practice ofvictim-

offender

mediation came

beforethe

search for

a real

theory.

It was

Howard

Zehrwho

|

first

used the term restorative justice .

He used this

term

in

an early Mennonite

pamphlet,

where he

described

theVictim-Offender

reconciliation program Wright,

* 1996:5).


16/62


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understandingand integrating this into day-to-day life and (3) the communitybeingable

to support, assist and/orhold accountableallthe parties

o

the victimization.

The purpose ofajustice system in an Aboriginal society is

to

restore the

equilibriumwithin the community, and to reconcile the accused with his

r

her

own

conscience and with the individual or family

w o

has been

wronged.

(ManitobaInquiry, 1991: 22)

A returnto community harmony is accomplished through a processo accountability

or

victimizers that includessupport from the community through teachingand healing.

The focus o Aboriginaljustice is not only on the offense but also on the life-situationo

the offender, on the needso the victim andon the larger community.

m

j 2.2

The

practice

Aboriginalsocietieshavedevelopedmanydifferent restorative justice programs, in

w which traditional

healing

practices areusedto

restore

community,

family

and

individual

J harmony

The pipe

ceremony

the

smudging ofthe environment,

sweatlodges

and

offerings

o

tabaco are

all

examples

o

elementsused in traditional

aboriginal

healing

(lateron in this paperthese elementswill be explained). Aboriginal restorative justice

j^ programs utilize the principles

that were traditionally

used to deal with matters of

( victimization.

In some Aboriginal communities such asHollowWater inManitoba (see Ross, 1996:

L 29)

talking

circles

have

been implemented. The use ofthe

Community Holistic

Circle

L Healing in Hollow Water, is an effort to break the vicious cycle o abuse that was

occurring in this community. Community members, including the victim, sit in a circle

with the offender and justice officials to discuss ways inwhich he/she canmake amends


18/62

and be re-integrated into the community. The rulethat governs the circleis that only one

person at a time may speak, but that eventually, everyone who wishes to do so may do

so. The personwho is speaking, inspired by the Creator must be honest, kind and

respectful. Through the power of the circle, people in Hollow Water work to restore

balance and make their community a safe place A healing contract will be agreed upon.

It is important to know that not only

healing circles

in which victim andoffendertake

part fall

within the Aboriginal, restorative justice

paradigm

There arealso Aboriginal

healing

programs whichtake

place

beforethe two

parties

andthe communitycome

together. These

programs

focus on bringing the individual in a stateof

harmony

before

he/she participatesin a healing circle.

2.3 History

j

hen

we look to historical sources,

we

see that Aboriginal societies have embraced

th

concept of restorative justice sincetime immemorial. For Aboriginals restorative

justice is not a methodofalternative dispute resolution , but a traditional justice

L

method. One of their main methods to resolve conflicts has always been restitution or

restorative

justice measures Forms

of conflict

resolution practised

by boriginal people

look back to an extraordinary long

tradition

Distinctive indigenous processes ofjustice

survived. Although the mainstream system maynot have acknowledgedthe

Aboriginal

justice processes, they co-existedwith the

major

tributaries ofWestern

legal

tradition

the common

and the

civil

law

I

L


19/62

j^ j

3.

C OM P A R I N G

A B OR I GI N AL A N D NON ABORIGINAL

PERSPECTIVES

O N

RESTORATIVE JU ST ICE

The descriptions

of

restorative justice

and Aboriginal

justiceoutlined abovemayhave

given the

reader

the ideathat those two paradigms are very similar, and, inmany

respects, they are. However,

non-Aboriginal

restorative justiceandAboriginal

restorative justice arealso different in many aspects.

T he

recognition that there

are

important

parallels

between alternative

dispute resolution basedon

principles

of

restorative justiceandthe

justicesystems

ofaboriginal peoples

must, however,also encompassan

understanding

of

some significant differences.

(Jackson; 1992: 195)

3.1 Difference in concept

3.1.a A broader perspective

When we talk about restorativejustice, we do not speak about a system,

we talk about a way

of

life.

(Elder)

Inthe beginning ofmy studyon Aboriginal justice , I

made

themistake of starting my

L

research in the wrong place: withinthe Westerndefinition ofwhatjusticeis andhow it is

^

maintained.

I

expected

to

uncover

some

clear

methods

programs or explicit

sets of

rules

I that

Aboriginal

people use to settle disputes and regulate individual conduct.What I

found instead was a lot of information that, in my opinion,was totally

of

the mark. In

many

books

and reports

like

e.g., Royal Commission on Aboriginal Peoples 1996 on

| Aboriginal justice, alot oftime was spent

on

explaining e.g. traditional values the

L

impact

ofcolonialism, the experience

of

residential schools, the consequences of

alcoholismand sexualabuse,... . The sameobstacle

appeared

when I spoke to Native


20/62

People about their justice system . Discussionsabout restorative justice wandered all

over the socialmap.Not being awareof their different view on justice, I was puzzled

when the responses to my justice-questions went in theunexpected direction

of the

Aboriginalway of life . The discussion I wanted to have about Aboriginal justice,was

alwaysbeing

reoriented

and

started

with anexplanation

of

traditional values It took me

a while before I realizedAboriginalperspectiveson justice are different. With Aboriginal

people, a discussion on justice begins with a

search

forvalues, as foundation for justice

processes. So, from their perspective justice involves far more than a programme , a

set

of

rules or a dispute resolution process .

Justicerefersto anaspect

of

the natural order inwhich everyoneand

everything

stands

in

relation

to eachother. Actions

of

individuals reflect

the

natural

harmony

of

the communityand

of

the worlditself.

Justice

must be a felt experience, not merelya thought.

Justice for FirstNations has traditionally been the daily, sharedexperience

of citizens of the community, partofgeneral teachings, values and

traditionsthat sustain the people as people.

Justice is not a concept easily separable fromother concepts that makeup

the waysby which First Nations have come to know themselves and the

world.

(Royal Commission on AboriginalPeople,

1996: 3)

Justice is about livinga good life, about honouringCreation. To me

justice is peace.

(Elder)

Because I was broughtup in theWestern conceptof justice, it was not easy forme to

get used to this

larger

definition

of

justice MyWestern preference for single solutions

and standarizedprocesses was the problem

When I went to the conference Reclaiming Restorative Justice: National ElderAnd

Native Liaison Conference I expected (and hoped)

again

to hearaboutjustice-strategies


21/62

and processes. I shouldhave known that the programme of the conferencewas going to

be much broader than that. It was the Elderswho were responsible for this. The Elders

the

role

of

an

lder

will be explained

later

in

this

paper

started speaking about

values

and teachings; and about

how

to live a good life . The Elders told the people what they

feltthe people needed to hear.

By

doing this, they gave the other non-Aboriginal participants andme the following

powerful message:

, For Aboriginal people, restorative justice is away ofconduct for the

society.

(Elder)

dj)

For AboriginalPeople restorativejustice has everything to do with

true

life.

(Elder)

The Aboriginal perspectiveon restorativejustice is a reflection

of

the holistic

understanding Aboriginal people have of people s relationships and responsibilities to

each other and to their material and spiritual world. Aboriginal conceptions ofjustice

must be understood as part

of

the

fabric

of social and politicallife. Non-Aboriginal

people do not share this holisticapproach. Forthem, a restorativejustice processis still a

distinct, formal, legalprocess; ratherthan a partof life . This view is the consequence

of

the Western attempt to compartmentalize humanexperience,which is very much at odds

with the holistic Aboriginalapproach to people and problems.

I 3.1

.b

The

broader perspective

inpractice

The potlach is a good example reflecting how the Aboriginal holisticapproach to

L

e.g. restorative justice is put into practice:


22/62

The potlach fulfils, as a

principal

institution, functionsthat in

non Aboriginal

society

require

a

multiplicity of separate

institutions

only

one which is labelledthe justice system.

(RoyalCommissionon Aboriginal People,

1996:4

had the great opportunity to attend a feast or a potlach the Nuu-chah-nulth

People, on Vancouver island. It was a new experience for me to see that a feast could

have so many dimensions: the events that unfoldedwere at one and the same time

f

political,

legal, economic,

social, spiritual, ceremonial

and educational.

r The

feast

was heldin abig community

hall

andabouttwo hundred peoplewere there.

Differentbands presented their songs and

dances.

In this sense the

feast

was spiritual

and ceremonial . The

process

of

paying debts

and exchanging gifts

between different

tribesgave the

feast

an economic dimension.

Meanwhile

the potlach wasa legal

forum for witnessing the public recognition

titles anauthorities. The

feast

also

operatedas a dispute resolution process. I remember how a girl apologizedin

public

to

her family for not staying on the red road (the recovery

road

for e.g. addictions . Next

to the public and

ceremonial

emphasis upon

giving,

paying debts, recognizing

and

legitimizingthe statusandauthority

the chiefsand the ownership territories, there

was the highly educational dimension the feast. Through the feast, essentialvalues

the culture areexpressesandaretransmitted fromgeneration to generation.

m

li jj>

L

3.1.c A different emphasis

Restorative justice: What does it mean? , depends on what dictionary

you walk with.

(Elder)


23/62

Although I knew thatwith Aboriginal peoplea muchbroader definition

of

restorative

justicewasatwork; I still was

making

attempts to narrow the discussions

and

onlyto

J^

speak with

them about

the

reactive process to

crime. However,

no

matter

how

hard

I

tried to restrict the discussion to processes

of

correction

and

reaction, the Native people

I spoke with would always concentrate their replies on pro-active measures instead.

They gave me the teachings about how peopleshouldapproach the living

of

theirlives,

J

as individuals

and

as members

ofagroup. I

confess

that Ioften

felt some

reluctance

when they started talkinglike this. I was botheredby the fact that they did not tellme

how they responded to disorder afterit occurred. They mainly concentrated on dispute

prevention instead of dispute resolution.

Within traditional Aboriginal understandings, a justice systeminvolved

far

more than simply controlling

how

disputes

werehandled

after

they

broke out. Instead the primary emphasis was on teaching

individuals

from

birth how to live together inways that avoided or rninimized them inthe

first place.

(Ross, 1996: 255-256)

\| j^

L

L

liii

kj

Despitethe difficult

process,

I cameto see things ina different way

and

to gain some

understanding. Aboriginal People were talking about what law and justice

really

meant. Becauseof the different emphasis Aboriginal

people

put on restorative justice, I

learned where you had to start

if

you wanted to talk about justice .

ou

had to focus

primarily

on how to

create

and

maintain harmony

within the society,

instead

of

focusing

primarily on the standardized processes designed to respond to crime . This reactive

justice emphasis is prevalent inWestern societies, even when it comes to restorative

^*

justice. Restorative

justice is used as a

response

to

crime

and not as a

preventive

I measure

for relational

disharmonies . Western restorative justice does not

yet)


24/62

t j

jijjjjy

l x

l y

fiferi

encompass creating social

mechanisms that

minimize

wrongdoing and

teaching

people

about how they should 'live a good life'.

Despite

my

respect

for

the broader

and

different Aboriginal

perspective

on

restorative

justice, I will

first

concentrate on the 'restorative' healing processes Aboriginal People

use to respond to

disorder.

Lateron in this paper I want to show my respect forthe

different Aboriginal

definition of'restorative justice' by grounding these processes in

traditional teachingsand

values.

3.2 The difference in practice

3.2.aA 'restorative justice'

process versus

a healing

process

The

Aboriginal

healing process isa reflection of theholistic approach

Native

People

have

towards 'restorative justice'. An

Aboriginal healing

process doesnot only

deal

with 'people in conflict with thelaw', butalso with people out of

balance

on a

physical,

emotional, mental

and spiritual

level

and this

within

themselves and their

community.

An

, Aboriginal healing process takesa holistic lookatthe

person.

Several aspects ofthe

healing processarecommonto a concept,whichis

probably

betterknown to nett

le Aboriginal people under the name ommunity

development .

These aspects

include:

people

getting involved in their

community; creating

a

greater

sense

of trust;

encouraging

positiveparenting andpeople taking

responsibility.

These arejust a few aspects

of

a

healing process. Healing wasuniversally recognized to be avery complex phenomenon,

andone which was difficult to

define.

No

single

definition was

found

(Krawll, 1994: i) .

There arealsoways inwhicha healing

approach

canapplyto victimsofcrimeand

offen ers


25/62

jfls

A Western restorativejustice processonly deals with victims

of

crime andoffenders.

Peoplewith mentalor physical needs

are

referred to the healthbox , and people with

social needs to the social services box . Human problemsarecompartmentalized and are

not treated in one holistic healing process.

To compare

non-Aboriginal restorative

justice

processes

and

Aboriginal

healing

processes, I

felt

compelled to narrow my

focus

ononlyone

part of

the healing

process

namely, on the part

of

the healing approach whichconcentrates on victims

of

crimeand

offenders, (from now on I will use healing approach, evenwhen I only mean the part

which involves victims and offenders). Healing seems to have particular relevance for

matters relatedto crime,andthe way inwhich society

deals

with crime(Krawll, 1994:

43 .

The distinctionmade earlier between the reparative model

of

restorativejustice and

the communitarianmodel of restorativejustice is of significant importance here. Each

model is distinctive from the healingapproach to a different degree. In the following

pages I will use the commonterm restorative justice

and

makea distinction between

the

two

models whenever necessary. Accordingto the style

of

this paper, the differences

and

atthe

same

timethe

similarities

between the restorative justice approach and the

healing approach, are presented in thematic

sections

to

assist

the reader in identifying

the distinctions

and similarities

I

see.

I 3.2.b Victim, offender and community involvement

A key aspect of the practical

framework

ofthe

restorative

justice model and the

L

Aboriginal justice model, isthe involvement ofbothvictim

and

offender. Noneofthe

L


26/62

21

models focuses onone to the exclusion of the

other.

The most intensive healing efforts

will likely come undone

if

they are restricted to onlyone

of

the players involved (Ross,

99 :

183 .

he question is that reparation , reconciliation or healing efforts arealsolikely to

come undone

if

the community is not involved. In contrast to the Aboriginal and

communitarian restorative justicemodel, the reparative restorative justice model does

ot

involve commumty members in its processes anduses insteada two-party

approach.

L n most victim-offender reconciliation programs the focus is on this

offenderandthisvictim; by contrast

aboriginal

justice systemslocate

both offenderandvictim ina

matrix

of social and

family

relationships and

responsibilities. A further difference

again reflected

in victim-offender

programs

is

that the

process for restoration of

harmony and conflict

resolution is often dyadic the emphasis beingon one-on-one negotiation.

j In aboriginal justice systems restoration takes

place

within acircle of

L Relationships.

(Jackson, 1992: 195)

j

ffi l

jjjjl

Duringthe Victim-OffenderMediation

Training

Program (this program is organized

by the mediation center inLangley) I attended at Simon Fraser University, I asked the

mediation-instructorwhy they did not see anadvantage in including family members and

friends in their mediationprocess. The answerwas the following:

We asmediators, are

afraid

ofthird parties being present at mediation-

sessions, becausewhen friends or parents are there, they often take over

and the victim or offenders will keep silentthen. That is the reason

why

we

almost always ask friends or parentsto leave the room, when they join

the victim

or

of fender in the mediation session.

(victim-offender mediator, mediation center

Langley)

I In

Aboriginal

healing processes there is no limit to the number ofpeople who can

participate in the healing-process. Those who aremost supportive ofvictim andoffender,

and all other members of the community, who

feel

they have a role to play in the process,


27/62

L

l

can participate. All

of

them get a chanceto express their

feelings.

They are all

critical

and

interconnected partsof the whole.

he

Aboriginal approach is not just

managing

the relationship between

victim and offender, it is about allrelationships .

(Commissioner

of

Corrections)

The Aboriginal

healing

model seeks to repair the harmdoneby the offense withinthe

entirecommunity and forall communitymembers who are affected. Accordingto

Aboriginals, successful justice projects must be

firmly

rootedin the communitythey

are

tended to serve. The communitymust be

able

to support,assist, and/orhold accountable

all the parties of the victimization. So, next to victim-offender

participation

community

involvement is a key aspect to the process

of

healing:

When peoplecause problems, the law

of

interconnectedness requires that

a justice system investigate all the factors thatmighthavecontributed to

the misbehaviour. That investigationmust go back further in time

than is the custom in Western courts and it must encompass a greatly

expanded circle

of

friends

family

employersandother influences.

Further, any

plan

ofactionmust involve not only the individual doing

what he or shecanwith his or her problem,but the whole, larger group

doingwhat they can abouttheirproblem. Disharmonywithin one

individualis seen as everyone s disharmony, for it infects all

relationships which involve that person.

(Ross, 1996: 64)

The inclusionof the widest circleof people concerned in the Aboriginal healing

process has several

reasons.

One

of

them is that the offendercan see the wide impact

of

his offense. He/she can come to understand that his/her action did not only touch

L

* strangers, but that his/her offense affected, in many complicated ways, a lot

of

his own

people too. This facing ofa larger truth can be essential for the offender s

rehabilitation, since some

of

the offenders might only careabout what they did to then

own

people.


28/62

3

At

the same time however the offender

can feel

that

he/she is

still considered

tobean

integral part

of

the community regardless

of

his/her

actions. It is seenasa community

responsibility

to

let

both victim

nd

offender

feel

that

they

re

not just

on

their

own

but that they are a partofa largeweb of relationships. When the community succeeds in

bringing this message to victimandoffender, then there is place for the reintegration

of

both. Community involvement in a

healing

process is considered an integral partof the

victim or offender s reintegration. As a consequence of this reintegration, there is a much

greater chance ofcreatinglong term community protection.

While a healingprocess hasits beneficial impactson victim andoffender, educational

and prevention goals aremet in the community. As the healing processdraws in a lot of

people, all these people cangaininsights into community problems. Restoring

community balanceand showing the community that it can develop its own solution, are

spin-offbenefits of the healing ofvictim andoffender.

All these essential effects that community involvement has, aremissing in the two-

partyapproach

of

the reparative model. By leaving out one of the three parties involved,

the restorationof the community-harmony isnegated in the two party approach. I

would go further and say: when there is disharmonywithin the community, the

restoration ofharmony between victim and offender is at risk. Some people alsowonder

if a two party approachis not too antagonistic. One

of

the Eldersat the NationalElder

and Native Liaison conference, told me:

Peoplemisinterpreted our healing. It is not restorative justice inan

antagonistic way. With us everybody sits around the table and it is

not

victim on one

side o f th e

table

and the offender

on

the other

side

L

m

n

iffo

L


29/62

^|

t k

4

3 cT i m e

ForAboriginal people, healing is a never-ending process. Aboriginal people recognize

the importance

of

time when it comes to reconciliation and restoration .

Healing has no starting and ending

day:

healing is a process

of

life.

(Elder)

Defining the end-pointofa process ofhealing is not possible. An Aboriginal healing

process does not havea time-frame. The Elders suggest that there is no finality to the

healingpath for victims, offenders and community. It is a lifelongprocess of

learning

and

transformation. It is something that requirestime and patience. In the Aboriginalhealing

approach, there is a righttime for everything. Aboriginals have an intuitive, personal

and flexible concept

of

time. Also in a healing process,the right time for every step is

patientlyawaited andcarefully chosen. This means that in the Aboriginal

healing

approach the victim is not expected to forgive the offender the

first

time they meet. It is

alsonot expected that the offenderwould apologizeimmediately. It is known that

minimizations, denials, rationalizations andvictim blamingareaspectsof the process the

offender s

to go through.

Natives recognize

that it might be neither safe nor

productive

f to

bring

victim

and offender together without proper

preparation. Theyknow that in

some contexts, the nature

of

the relationships or the state inwhich the victimoroffender

is in, demands that other steps be taken

first.

when

th e crimes

are serious and the

offenders

and victims have

been

involvedin longstanding relationships, it is risky to bringeveryone

togetherwithout

doing

a great deal of preparation first. Sometimes that

preparation may take months or years.

(Ross, 1996:179)

The

healing process always

has to

start

within the

person him

or

herself. This

healing

withinthe individual cantake

place

simultaneouslywith the

healing

withinthe

family

or


30/62


31/62

l j j

i

It was throughmy own

personal

experience that I understood that

healing

hadto start

withinthe

person

him-or herselfto

expand

later into

family and

community. It would

takeme too

long

to

describe

the complete setting

of

the

program.

Later

on in

this

paper,

when I will talk about the use of traditional teachingsand symbols, this setting will

become

clearer.

At

this moment

I

will

have to restrict myself

explaining

how the

program

effected

me

The

Ten DaysForThe Rest

Of

Your Life programme was a self-

discoveryprogramme forme that helpedme inmy spiritual growth.

After a few

days

of the

programme,

I felt

already

the changes. Although

the

aboriginal

ceremonies mademe often

feel

very

small,

it was likemy

self-confidencewas

building

everyday

of

the program. I got the

insight

that everything was connected. I understoodwhy some things

happened

to me inthe pastandhow they wereconnectedwithmy present and

future.

I

learned

how to stand apart frommy

fears,

my

anger,

my hateand

f my

jealousy.

Through the detachment

of

these negative

feelings,

I saw

L

things in

a

different way. The program did not only have

its

effects on me

but also on the people aroundme. Since I found

my

balancewith and

| within my surrounding world I treated people differently I

had

more

respect for the way they sawanddid things. The

program

was

anexcellent

preparing

formy

field

practicum in the halfway-house. It gave

( me

the strength

to

keep trusting

people

and

believing

in

them

From

the

teachings of the program I learned to start eachdaywith new energy.

I

It

is my personal

belief

that ahealing program as this would give the offender

the

7 confidence, perhaps forthe

first

time inhis life, to startsharing about his hurtand to be

honest with himself andothers. A personal healing would give the offender the strength

L to

face

the victim

and

the community without

hiding

in

excuses ,

justifications

and

|

lies .

Aboriginal healers know

that

it

can take

a

long

time

before

the offender comes

out

of

himself and leaves his lies behind. They have the patience to wait even months or

years for this moment.

In contrast to this Aboriginalapproach, the Western restorative justice approachdoes

not recognize some offenders or victims need this kind

of

preparation before meeting the


32/62

other party. The mediation session is only preceded by one

separate

meetingwith victim

and offender. The purposeof this meetingis introducing the programandinforming

victim and offender aboutwhat is goingto

happen.

Except for some phonecalls, this is

the only preparation done before the concrete mediation session. The mediation session

itselfis also limited in time. The sessioncantake no longerthan two hours. In this short

time, apologizing and forgiving must be dealtwith. The particulars of the illegal act have

to be acknowledged anda proportionate amount ofmoney, which has to be paid to the

victim, has to be agreed upon (information from the Victim OffenderMediation

training

regarding Victim OffenderReconciliation programs . It would be no surprise

if

this

mediation session became agreement centred insteadof relationship or reconciliation

centered, because

of

this time limit.

The

communitarian

mode l takes the time-factor

into account:

In circle sentencing the importance of investing time to accomplish the

objectives of rebuilding relationships, devising rehabilitative plansand

responding to victims needs, is recognised.

(Stuart, 1996: 194)

32.d Different aspects

L According

to

the

Aboriginal

ppro ch

he ling must

be experienced in aholistic

way

L whether individually or collectively. This meansthat healing takes placein the individual

or in the community as a whole . In examiningpersonalor community problems, for

instance caused by

criminal

activity, Aboriginal Peoplethink it is necessaryto consider

what is missing in fouraspects

of

life: in the

physical

emotional, mental and spiritual

aspect of life.

A holisticapproach to problem-solving aims at responding to allaspects

of

the humancondition. Treatingthe whole personand the whole

JAiiLH

L


33/62

L

I M

community produces the most fruitful results.

(K.M. Hazlehurst, 1994: 152)

The Aboriginal

healing process

willinvolve looking intothe mental emotional physical

and spiritual dynamics

of

each

of

the

parties

The majoremphasis

of

the processseemsto

be upon creatinghealthyrelationships and

balance

between the mental, emotional,

physical and spiritual

dimensions

of each

party

We

all

exist inanemotional spiritual

mentaland physical dimension anda healthy relationship hasto be represented at all four

levels

Every human beingis meantto be in relationship with themselves:

A

balance

ofmind,body, feeling and spirit is necessary for

personal and

family

stability andharmonywithinthe community.

(Nechi Institute,

1998:

307)

Unfortunately, in theWestern restorativejustice approach the balancebetween the

four aspects

of

life is lost. In a mediation session there is no plan to restorethe mind the

physical

well

being

the

spirit

and the

emotional

stabiUty

of

bothvictimand

offender

As I

have come to see it, in the Western restorative justice approach the emphasisis much

more on the events that occurred between the two parties andupon achieving a detailed

agreement between them aboutwhat they should do to sort things out for the

future

I

would say that for the Western restorative justice approach the communicationand

connection between victim andoffenderon the mentallevel, is the most important thing.

The knowledge

of

the exact facts andthe detailed agreement areofgreatimportance in

this approach. Although I learned in the Victim OffenderMediationProgram that the

emotional communication between victim and offender is an essential partof the

reparative restorative justice process, it was my feeling that this part

of the process was


34/62

jjj j

llgy

overshadowed by the mental part. The mediation instructor, however, recognized in all

respects, the importance

o

the emotionaldimension andalsothe danger o its absence:

Victim offendermediationis only a tool. It is one particular way a

populationcan answer restorative . It is a practical way. When you

practicethis way without involving the heart and the mind , then you

can do this with the samenegative effects as the current system.

Unfortunately, the government takes ideas, changes ideas andcollapses

them. They do not see the radical changeswe need.

(mediation instructor)

Also in the training andresourcemanual o VORP, the instructors insist on the factthat

the feelingso the

parties

cannot be separated fromthe

process:

when emotions are

ignored, there canbe no restoration

o

relationships Although the importance

o

both

the mental and emotionalaspecto a mediation sessionis recognized, it is still

questionable they arein balance.

The spiritualdimensionis only a parto the Aboriginal

healing

process.

Restorativejustice initiatives while seeking to emphasizethe link

between offender, victim andthe community alsolack the dimension

shared by many Aboriginal systems inwhich the processo restoration

and healing draws upon deep currentso spirituality.

(Jackson, 1992: 195)

ForAboriginal people, spirituality is an indispensable aspecto themediationprocess

The spiritual focus o the

mediation process

enables participants to heal

throughunderstanding andmake decisions on dignityand respect.

(Ross, 1996: 265)

There is the need to understandthe four healingdimensions:

So many people areborrowing ourconceptsbut

are

missingthe

most important dimension o it, the spiritual one.

(Elder)

Non-Aboriginals do not always

understand

why

there should

be a spiritual

dimension

in a mediation session. The instructoro the mediation training didnot fullyagreewith

the

fact

that

a

mediation process

were

to be

successful

in

helping

people

make


35/62

L

L

i :

m l

changes,it would need to havea spiritual or theological dimension. In hisopinion,

people would practice restorative justice not because they believed in it, but because

it was in their best interest . It was my personal feeling that the mediationinstructorwas

afraidto say that a legal process asa mediation session had something to do with

spirituality or religion . Hewas

afraid of

being

called

a preacher instead

of

a

teacher . This is understandable

if

we considerthe impact the Western traditionhas on all

ofus. Bringing in non rational concepts fromtheology into legal discussions is simply

not allowed. Though, it must be acknowledged that fromthe birth

of

the first Victim

Offender Reconciliation Program Mennonites have been involved in the formationof

the VORP concept. This is not to say however, that this conceptis exclusively

i teor

Christian

Today, there areVORPs that are operated entirelyby Mennonites,

(

VORPs

that are simply influenced byMennonites and

VORPs

that

operate strictlyon a secular level.

(Chipp,

1986:

5)

Mennonites working with VORP areasking themselves about the relationship

of

their

L faith to the work

of

VORP No resolution has been reached. Meanwhile, the Dutch

criminologistHermanBianchi (1997) argues:

Human kind is innatelyreligious, and, therefor, crimecontrol practices

must ultimatelybe basedon religious beliefs.Whether

we like it or not,

our system

of

crimecontrol has suchdeep roots in the ethicalground

ofour culture that an examination of religiousthought is almost

unavoidable

(Bianchi,

1997:

9)

The spiritual dimension

of

an Aboriginal healing processincludessuch elements as

prayer

traditional practices and customs.

The

real

healing is a life-longjourney andneeds daily prayers.

(Elder)


36/62

L

L

L

31

The Aboriginal traditional practicesand ceremonies teach the values ofAboriginal

spirituality. These practices include the Sweat Lodge Ceremonies, Smudging, Potlach

ceremonies and teachings on the MedicineWheel and on numerical symbols. Aboriginal

spiritualityis a form of symbolic healing , which is dependent on the use, interpretation

and negotiation ofculturalsymbols (see later). It is difficult to explain inwhat way all

these ceremoniesandteachings bringthe spiritual dimension into the healing process,

especiallybecausethis paperprimarily reaches out to the intellectual dimension.

Spirituality is something words can not encompass or convey. Until I experienced the

spirituality-loaded ceremonies, I never hada surfaceunderstanding ofwhat spirituality

was. You can not feel what Native spirituality is by readingbooks about it. You have

to go into their sweatlodges and participate in their talkingcircles so you can feelthat

healing is inherently spiritual I do not want to pretend I have a fullunderstanding of

what Native spirituality is. I am conscious ofhow little I know, especially as anoutsider.

The problemfor

spiritual healing

when confrontedwith demands of proofby the

positive sciences is that

spiritual healing

aspects

are

not

easily

observable by the scientific

method. Furthermore, it would

be

offensive to the Elders and all Aboriginals to use only

the scientificmethod to evaluate spiritual healing This would deny the Aboriginal belief

that healing occursprecisely becauseof the intervention

of

the Creator or other spiritual

forces

Clearly, the existence

of

the Creator andthe spiritual forces

involved in healing areintegral parts

of

this formof symbolic

healing

One shouldnot waste time debating whether from a scientific view

such

things

exist. Withinthe

boriginal

worldview they do, and this

is all

what

matters

(Waldram, 1997: 78)


37/62

Science has difficulties accepting the existence

of

the spiritual And spirituality is seen as

something irrational and superstitious.

During

the

ten

day program

in

which

I

participated

n

during

ll

the

other Native

ceremonies I was invited to, I learnedabout Native spirituality through the teachings that

were givento me. I

could gain

anunderstanding why

spirituality forms

an indispensable

of the Aboriginal restorativejustice processes. This understandingwill become more

clear in the following paragraph where I tell about the traditional elements, which

represent spirituality Every experience ofNative spirituality n symbolic

healing

is

very

individualistic. Elders from the same cultureandcommunity will have a different

L approach

to

various

teachings

and

symbols

Therefore what

follows

is not

a

definitive

j explanation of the healing elements of

Aboriginal spirituality

jp

jjfjjff

L

3 e Tradit ional elements

Our teachings, our sweatlodges,... there is Indianlaw in it.

(Elder)

One point in which the traditional Aboriginal healing process is so distinct from a

Western restorative justice process is the presence of traditional teachingsand symbols.

In an Aboriginal healingprocess, traditional ceremonies, symbols andtheir according

teachingsareused becausethey express andrepresent meaning And meaninghelps

provide purposeandunderstanding in the livesofhumanbeings The extent to which the

victim or offender

learns

about the meaningof symbols, and then accepts the basic

principles behindthemasa code

of

living determines the effectiveness

of

the healing

process


38/62

^^

jgfj

Vgt)

Say

if^ f

As

an example

of

a healingprogram that includes traditionalteachings and

ceremonies, I use the healing program for offenders in which I participated. I use this

example for the reasonthat it is easierfor me to explain allthe given teachings out

of

my

own understanding. It will take me a while to explain all the given teachings, but since

they form such animportant part ofan Aboriginal healing process, I did not want to

summarize

them

The ten day program covered the traditional teachings

of

the West Coast First Nations

andthe

Plains

people

uring

the

program

various aspects

of

nature were used as

symbols. All the symbols utilized, raised my awareness about their spiritual significance

and deep meaningsand assisted me in understanding my past, presentand

future

Before

startingto tell about allthese symbols it is necessary to give the readera general

scheduleof the program-activities.

Every morning at six o clock a group

of

approximatelyfive people, includingme,

went

to

the

ocean. Before the cleansing ceremony and the morning swim in the ocean we

had a talking circleon the beach Depending on the day, this talking circletook one to

two hours. In this talking circle, all participants had a chanceto speak, which they did

while holding an eagle feather After that, a cleansing ceremony took place In this

ceremony, sage is burned and the participants clean themselves in the smoke

of

the

burning ashes smudging) so they can enter the water as a pure person. The numberof

times each participant hadto immerse himsehTherselfin the water, depended on the

progress of the participant. After a few days of initiation, we also had to take a sandbath.

This means that we hadto come out of the water, scrub ourselveswith sandand go back

into the water againto do some more immersions. Later on, we all had breakfast


39/62

I

I

i

together We always

finished

the day by

summarizing

whatwe had learned during that

day

On Sundays

and

onthe last

Friday of

the program a Sweatceremony washeld The

sweat always

took

aroundthree or four hours and consisted

of

four rounds.

During the program and otherNativeceremonies the

following

Native

teachings

were

given to me:

he circle nd i ts four directions

The most important symbol usedin healing practices isthe circle The

first

thing we

always did when we

arrived

at the beach was drawing abig circle in the

sand

Inside

of

this circle everybody was protected. The

circle

represented the Medicine Wheel. The

Medicine Wheel isa

powerful

ancient

symbol ofthe

universe

usedby almost all the

Native people ofNorth and South America. The term medicineis used as it refersto

healing teaching and

enlightening Through

the

teachings

of the

program

I understood

that the circlealways

stands

for

relationships

that canbe expressedin sets

of

four These

sets

of

four area repetitive theme inthe

teachings of

the healing

program

It gaveme the

insight that all things areinterconnected in many differentways.

The importance

of

the

four

wind

directions

was a clarifying exampleof the set

of

four

When I took the program the opening in the circlewas in the South. This means that the

following programswould respectivelyhavethe opening in the circlein the West the

North and the East. Each program and eachwind direction stood for a different teaching.

Certainqualities areassigned to eachdirection. Eachof the directions and consequently

each program represents a certain

part

of

a

fully

developingperson. It can not be said

that you are fully developed when you

finish

your four programs because human


40/62

^n

ligj

development is infinite. I went through

all

the different gates in just one program because

the group

of

participants I was in was a very strong one.

The North gate

represents

the

place

of

wisdom, the

place

of

the Elders

and

allour

relations living in the spiritworld. It is a placeof fulfilment and completion.

The East is a placeofnew beginning and renewal. It is the direction from which the

new day comes intothe

world

It is a

place

for changing or for seeking change Ifa

personneeds change, he/she faces the East and talks to the good spirits of that direction

to assist him/her in the changehe/she needs. For me this was the direction to

learn

about

the warmth of the spirit, trust and hope. You really needed these three factors to stand

the cold water. The

days

I could not imagine this warmthin my spirit were the coldest

days and most difficult days The lesstrust I had inthe people

around

me, the

harder

the

program was t o me

The South is the

direction

of the sun atis highest

point

and represents knowledge and

medicine. The South was

also

the place to

discipline

my

physical

body. Sincethe South

was the directionthroughwhich I passedduring my

first

days

of

the program it was a

great placeof testing for my physicalbody. I learned to control my body so it would

respond to the commands ofmy spirit At the endofthe program I hadthe true feeling

that my spiritwas stronger than my body. I could

separate

what my body wanted food,

sleep,...) from what are true and healthy needs. Without determination I would never

have reached this kind

of

discipline. Another teachingthat was given to me throughthe

South was that all our sensessuch as sight,hearing touch and taste can be trained so *

they can serve the whole body. nillustrative example

of

this is the following: when I

saw the sun coming up while I was in the cold water, I could feelthe warmth on my skin.


41/62

i gfgj

It was as i my sight was trained to influence my touch. The view o the sun gave me the

strength to bearthe cold. The associationo sun and warmth was a new connection

between sensory modalities for me. I recognizedthat I had to discipline my body and to

train

my

spirit. I felt I could train and develop my body through the feelingo the will.

The South was an excellentplaceto do this

since

it is the

place

o

practice

mistake

error and recovery.

In the West the persontakes his/herknowledge that he/she receivedin the South and

learns owto use this knowledge until it becomes natural and automatic. The West is the

place o

testingyour

perseverance.

It is no

coincidence

thatthisisthe

place where

the

sun goes down. The capacity to stick to a

challenge

even though it is very hard and even

painful is an important lesson to be learned in the West.

The human being must return many times to eachdirection in the courseo his life.

There cannot be an imbalance among the four directions; you cannot shut out the gifts o

one direction. Eacho the gifts o each o the directions is balanced by other gifts.

The directional aspectso the healing program canbe

further

divided into four life

areas namely: the mental the spiritual the

physical

andthe emotional area. These

concepts in combination make up the qualities

o

completenessin a humanbeingandare

universal. In my opinion one o the most important reasons this

program

worked for me

was its holistic approach.

Eagle Feathers sweetgrass and sage


42/62

L

7

Another symbol with great value andmeaning wasthe eagle

feather

which is

referred

to as the grandfathers . Holding one gives the believer the power to speak openlyabout

personal problems depression and behaviors that leadto harm and abuse

selfand

others. Nobody could interrupt when an individual was holding the grandfathers . It

amazed me how

people

could

speak about their emotions

and

feelings

and howthey

were ableto pray whileholding these eagle feathers The feathers represent

all

the

dead

ancestors andare treated with great respect The

feathers

were also used inthe cleansing

ceremony to

fan

the burning

ashes

the

sage

or sweetgrass The smoke

the burning

sage

andsweetgrass hasthe symbolic value

clearing yourbody orthe

surroundings

negative

energy

This is called smudging andis aneveryday act for Native People

Sweetgrass represents asit is woven togetherintothree

braids

the unity betweenthe

mind body and spirit

Wate r

The symbolic value water is somethingthat goes without saying In allculturesa

deep spiritual significance is attachedto water. The theory derives from the

fact

ababy

developing in the mother s womb is continually surrounded with a saline solution that

provides cleansingand protection.

The morning cleansing is believed to be a very important part

healing. In the ten

day programwater was the door to detachment detachment symbolized by the freedom

from hate jealousy desire anger and fear After having talked about feelings fears and

problems in the talking

circle

the

participant

hadthe opportunityto

release

these

emotions by going into the water. Some the participants screamed and cried inthe


43/62

water as an expression

of

the release

of

emotional and physical pain Although it was

difficult to me to express my feelings through screaming, I always felt relieved after

coming out

of

the water. After doing my dips, the daylightseemed to be brighter.

Physically, I was exhausted after a few days

of

the program, but mentally I felt stronger.

It was as

if

the cold water awoke me and strengthenedmy mind and stamina.

Through the detachment ofallmy negative feelings andhurtin the water, I was given

the ability to see my past, present and futureas one. I understood why some things

happenedto me in the past andhow they were connectedwith my presentand future

The teachings

of

the program did not tell me to forget forever about allthese negative

feelings, but to see them in another way. I learned how to stand apart from my

fears

my

anger my hate and my jealousy. I realized how often these feelings hadcontrol over me

and how they kept me

from

thinkingclearly

ire

During the SweatLodgeceremony,

fire

was

of

great

symbolic importance

After the

cold

of

the ocean, the heat of the Sweat Lodge warmed up the body again The Sweat

Ceremonyis a time ofpurification for an Aboriginal person The Sweat Lodge is made

from branchesandblanketsand insideis found a pit containing rocks the Grandfathers

andGrandmothers), a bucket

of

water and

several

otherpeople. Fourrounds ensue,

during

which the

lodge

is closed and

made utterly dark Water

sometimes

laced

with

herbs is sprinkled on

heated

rocksto create

intense steam

and heat

Each

person inturn

speaks

about his problem

which he/she brought with

him/her

People

also sing drum

and

pray The Sweat

reminded

meofawomb of protection that gives birth to visions of


44/62

3 9

what our possibilities are. Again I was surprisedhow people were ableto prayaloud.

Although the heatwas often unbearable for me, I always finished my four roundsand felt

good afterwards. The same feeling, which I had coming out

of

the ocean, cameover me:

I felt like a new, purifiedandwhole person. I felt how the wellbeing

of

my body, in this

ceremony, was directly related to my innerwellbeing. All that happens inside

of

the

sweatlodge is privateand

personal.

Nothing saidinsidecould be used against a person

for any reason.

It ismy hope that through

sharing

my experience andunderstanding, the

reader

hasa

view on

how

traditional ceremonies, teachings and symbols can provide meaningin a

healing process. Because theWestern restorative justice process does not have the

underpinnings

of

traditional elements, it might be more difficult to represent meaning in

a mediation-session. The only way to express meaning and to leadvictims and

offenders to understanding in aWestern mediation-session is

by

words. To express

meaning inwords, however, is not always easyandproductive.

3 2 f ediators

i

U A fifth

distinctive

feature ofAboriginal justice isthe use of

Elders

as mediators.

f The

process

of restoration and healing draws upon deep

currents

of

Spirituality which arebrought to bearon the resolution

of

conflictnot by

university trainedprofessionals but by eldersand community leaders.

\

Jackson, 1992:

195

While inWestern mediation processes the mediator is a trained stranger ; the mediator

in an Aboriginalhealing processis a communitymember, anElder.

4^

f

we wantto

understand

why Aboriginal societies use

Elders

as

mediators,

we

first

have to be conscious

of

the role Elders playwithin Aboriginal communities.

BJ


45/62

ljg

The prominent position accorded to eldersis a striking feature of

Aboriginal societies.

(ManitobaJustice Inquiry,

1991:

19)

Elder is an ascription given to you by others The status Elder is never clearly defined

The general standardis acceptanceby the community as an Elder . The prominent

position Elders havein Aboriginal communities

has

nothing to do with age

perse Elders

may be eithermaleor female Eldershave gained respect fortheirwisdom andtheir

experience; and for their living ofan

Aboriginal

lifestyle. The task ofanElder is to look

after the well-being andgood health

of

the tribe Elders arethe healers teachers,

counsellors, spiritual advisers and guides of the community.

Eldersbringgreater wisdom, love, spiritual meaning andunderstanding

in their rolesas healers, counsellors, guides andkeepers of the Aboriginal

teachings andceremonies. The communities and

families

respect the

Elders and value their wisdom and guidanceand provide for them asthey

have provided for their children andgrandparents They are seenasthe

strength for the positive building of their families and communities

through their teachings.

(Nechi Institute, 1998: 341)

In themodernsociety, Elders still havea

place

of prominence withinAboriginal

communities. A lot

of

the Aboriginal people I met, still

locating the roots of restorative justice in traditional aboriginal philosophy

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