Teslin Tlingit Council one step closer to independent administration of justice

The Teslin Tlingit Council (TTC) has taken another step toward administering its own justice system, with the signing of a funding agreement with the federal government.

Ottawa will provide the Yukon-based First Nation with $5 million this fiscal year plus another $2 million annually to establish a local land-based healing camp which would be part of the nation's corrections system. 

Minister of Crown-Indigenous Relations Gary Anandasangaree was one of the signatories this past weekend.

"The Canadian justice system has not served First Nations," said Anandasangaree, referring to the over-representation of Indigenous people in federal prisons. 

The agreement signed on Saturday, called the corrections and community services amendment, is part of a larger federal, territorial and Teslin Tlingit government project that has been in the works for more than a decade. 

A justice system rooted in tradition

The Administration of Justice Agreement, signed in 2011, allows the First Nation to enact its own laws in a variety of areas, including wildlife protection, and control of the First Nation's settlement land. It also supports restorative justice measures rooted in Teslin Tlingit culture, values and way of life — known as Haa Ḵusteeyí (Our Way).

Kimberley Smarch is the director of implementation and negotiations for the Teslin Tlingit Council and she's been working on the initiative for many years. She says the land-based healing camp will not be just for those who have violated the Criminal Code. 

"It's for anyone who's broken our Teslin Tlingit laws. Anyone who's living out of balance," she said.

Smarch says the program will be about addressing trauma and the root causes of negative behaviours. 

"We all have trauma from our personal lives growing up," Smarch said, also referring to intergenerational trauma.  

For that reason, the camp will be open to any Teslin Tlingit citizen who wants to engage in a healing journey. 

"I can self-refer. My family could refer me, my clan could refer me, our health and social services could refer me," said Smarch. 

The camp will be staffed with therapists, counsellors and elders. 

She says part of the idea is to move away from a punitive approach and toward a healing-centric model. 

Outgoing Naa Shaáde Háni (Chief) Eric Morris, who represented the Teslin Tlingit Coucil at the signing, says citizens being accountable to their clan has been found to be effective. He says in the past, when a judge would come to Teslin to administer justice, they would have a clan elder sit next to the judge. 

"Our citizens would rather face a judge than have to look their clan elder in the face," says Morris. 

Minister Anandasangaree, a former lawyer with experience in Indigenous restorative justice programs across the country, agrees.

"What this will do is really bring it within the community. Having to face your community is such a driving force for deterring things from happening," he said.

The new amendment builds on a 2021 agreement that enabled Teslin Tlingit Council to establish mediation between perpetrators and victims through its peacemaker court. Now, with a corrections and community services framework in place, Morris says the First Nation is one step closer to exercising its self-government jurisdiction over matters of justice.

Anandasangaree says Canadian law will still apply to Teslin Tlingit citizens. 

"What we're talking about here is a set of offences that does not meet the federal threshold," said Anandasangaree. 

But he says, for lesser crimes, he's hopeful this system will help address recidivism.

"What we're talking about is an individual who may be facing a criminal offence, like stealing a car, but in this case, they will be working through the community justice system to take accountability, show remorse, and find the path to heal and ultimately reintegrate into their community."  

Moving beyond incarceration

With the new amendment signed, Teslin Tlingit Council will move forward with consultations to select a site for the healing centre. The council is also considering how to integrate the roles of community safety officers and the RCMP into its justice framework.

"Teslin will be able to determine what that system looks like, what notion of justice is appropriate in a particular case, and that is truly unique," said Anandasangaree.

He pointed out that incarceration often perpetuates cycles of harm rather than addressing root causes.

"Incarceration in a facility far from here is not going to help that individual heal," Anandasangaree said. "What we're doing today is breaking that tide and ensuring that the system going forward is rooted in [Teslin Tlingit] values."

The agreement is intended to align with Canada's commitment to reconciliation, the United Nations Declaration on the Rights of Indigenous Peoples, and the Truth and Reconciliation Commission's calls to action.