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| Michael Michel |
Premised on the need to reduce Indigenous overrepresentation in prison, Sudbury’s Indigenous Peoples’ Court was a long-overdue addition to our local criminal justice system. Home to more than 19,000 Indigenous people, Sudbury has one of the largest concentrations of Indigenous Peoples in the country, comprising 11.3 per cent of the city’s population. It also has suffered from a concerning lack of resources, including no permanent Gladue writer since July of 2022. The Indigenous Peoples’ Court is a means to rectify that shortcoming.
The Indigenous Peoples’ Court will not hear trials or preliminary inquiries but can address all other adult charges within the jurisdiction of the Ontario Court of Justice. This includes plea and sentencing, circle conferences, diversion plans and remand appearances. It is a permanent, specialized court that “incorporates Indigenous values, cultural practices, and concepts of justice into court processes and proceedings” with the intent to eliminate overrepresentation, “provide realistic alternatives to imprisonment, and address Indigenous accused in a culturally appropriate environment.” Importantly, an Indigenous accused does not have to plead guilty to participate in the Indigenous Peoples’ Court. Duty counsel and Indigenous court workers are available to assist individuals that cannot retain private counsel (see the attached Indigenous Peoples’ Court Information Document for further information).
For many Indigenous people, a specialized court responsive to their needs is not an available option. Greater Sudbury is the largest geographic municipality in Ontario, and despite its large Indigenous population, it was only the 20th location in the province to receive approval and necessary funding for an Indigenous Peoples’ Court. The Toronto area had at least five of these specialized courts approved, and more are located in communities such as London, Sarnia, Scarborough, St. Catherines, Ottawa, Brantford, Cayuga and Walpole Island First Nation.
Northern Ontario, which contains 78 per cent of the First Nation communities in the province, only has two Indigenous Peoples’ Courts — one in Thunder Bay and now one in Sudbury. This is the first and only Indigenous Peoples’ Court in the entire northeast region, which includes Sault Ste. Marie, North Bay, Timmins, Haileybury, Manitoulin Island, Cochrane and Parry Sound. See Breakdown of Gladue and Indigenous Self-Governing Courts Across the Country” and “Ministry of Indigenous Relations and Reconciliation 10 Year Anniversary Report.”
The addition of an Indigenous Peoples’ Court to the northeast region cannot be understated. As the Chiefs of the Atikameksheng, Sagamok, and Wahnapitei First Nations made clear, our criminal justice system is in dire need of a change. For decades, Indigenous Peoples have been grossly overrepresented in prison, and the current system has shown it is incapable of remedying this crisis. A new approach is needed — one that addresses the root causes of criminal behaviour, provides a voice to all affected parties and incorporates Indigenous beliefs and concepts of justice into the decision-making process. Sudbury’s new Indigenous Peoples’ Court is an important step towards achieving this vision of justice.
While restorative justice programs exist in various First Nations near Sudbury, access to these programs is usually limited to members of the respective First Nation. Urban Indigenous accused often have nowhere to go outside the mainstream criminal justice system to deal with their charges. They may have moved for work or school or may be estranged from their communities and families for various reasons. With the addition of the Indigenous Peoples’ Court, access to justice for these individuals is bolstered.
The Indigenous Peoples’ Court offers increased opportunities to participate in culturally relevant diversion programming, simplified referral processes and the ability re-engage with family and community in an attempt at healing relationships. The court can draw on the Anishinaabe concept of Mino-Bimaadiziwin when making substantive decisions and can frame healing and diversion plans around what all participants believe will lead an accused towards a good life.
Most importantly, these concepts and values are not limited to diversion or healing plans; they can also be incorporated in sentencing decisions. As stated above, the Indigenous Peoples’ Court can hear matters relating to all criminal offences within the jurisdiction of the Ontario Court of Justice, including more serious offences such as manslaughter and sexual assault. For more information about pre-existing restorative justice programs and court assistance near Sudbury, see the Wiikwemkoong Community Justice Program, the Gweyaksijigen Tek intervention service offered by the Sagamok Community Justice Program, the services offered by the Métis Nation of Ontario Advocacy Program and the Aboriginal Court Worker Program offered by the N’Swakamok Native Friendship Centre.
As a defence lawyer in Sudbury, the Indigenous Peoples’ Court is a welcome addition to our local criminal justice system. Through the hard work of various community agencies and First Nations, this court will be able to meet the needs of Indigenous accused that have been underserved for far too long. With increased funding, Gladue writers, diversion options and community participation, Indigenous accused are able to present the strongest argument possible for a non-carceral sentence. It is a long-overdue addition to the northeast region, and one that will benefit Indigenous accused for decades to come.
Michael Michel is an associate lawyer at Michel & Associates Law in Sudbury, Ont. He practises criminal law, real estate, and wills. He obtained his Juris Doctor from the Schulich School of Law at Dalhousie University in May 2022, where he specialized in criminal law and Aboriginal and Indigenous Law. To learn more about Michel, you can visit his LinkedIn profile.
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