N.S. prosecutors introduce policy for fair treatment of Indigenous people in courts
Policy references years of dislocation, lack of economic opportunity, forced family disruption
Nova Scotia's Public Prosecution Service now has a blueprint to help ensure Indigenous people receive fair treatment when they encounter the justice system.
The policy, announced Tuesday, covers every step in the process from the decision to prosecute, through arraignment, bail and finally — if found guilty — sentencing. At each step, prosecutors are cautioned to watch for possible issues of racism and discrimination.
Ingrid Brodie, chair of the Public Prosecution Service's equity and diversity committee, said Indigenous people are over-represented in the system.
Figures provided by the province show that while Indigenous people make up less than three per cent of Nova Scotia's population, they make up eight to 10 per cent of the people in custody.
"Historically we didn't accept some responsibility for identifying Indigenous defendants," said Brodie, who helped draft the new policy.
"It can be a tad awkward, uncomfortable. We recognize, however, that because the Supreme Court of Canada has told us that, we need to recognize Indigenous Peoples and their history and deal with their cases differently."
Cultural competency
Josie McKinney, who is Indigenous and works as a senior Crown attorney, has spoken to lawyers in the province about the need for "cultural competency" when looking at cases involving Indigenous people.
"Our Supreme Court of Canada has made it clear, Parliament has made it clear in the Criminal Code that Indigenous people are unique in this country, and equality and fairness doesn't always mean treating everyone exactly the same," said McKinney, who also worked on the policy.
The Public Prosecution Service owes its existence in large part to the most famous case of a Nova Scotia Indigenous person in conflict with the law.
The Royal Commission on the Donald Marshall Jr. Prosecution nearly 30 years ago recommended the creation of an arms-length prosecution service that would not be subject to undue influence from government.
4th province to create policy
Martin Herschorn, the prosecution service's director, said the service recognized it was time to develop a policy that reflects two key decisions from the Supreme Court of Canada on Indigenous rights.
"They called for special treatment of Indigenous persons in the criminal justice system due to their history of deprivation and dislocation that had occurred with the resulting impact upon the economic situation and increased criminality," Herschorn said.
Nova Scotia is the fourth province to implement such a policy after Ontario, B.C., and New Brunswick. But Brodie said the Nova Scotia policy is more detailed and offers more guidance to Crowns at every step in the court process.
The policy follows the creation of a special Indigenous court on the Wagmatcook First Nation last year and the introduction of eagle feathers as an alternative to the Bible for affirmations or oath swearing.