locating the roots of restorative justice in traditional aboriginal philosophy
TRANSCRIPT
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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
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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
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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
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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
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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
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\ 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
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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
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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
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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).
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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
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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
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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
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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
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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:
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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)
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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)
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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
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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
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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,
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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.
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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
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^|
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
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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
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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
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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
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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
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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)
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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)
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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
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^^
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
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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
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^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.
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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
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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
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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
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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
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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