Reshaping a B.C. court to include Indigenous values

Hamilton Spectator

15-05-2025

By Nora O'Malley
Local Journalism Initiative Reporter
Tofino, B.C. – Direct efforts are underway to address the distrust and problematic history First Nations face within Canada's justice system.
At the beginning of May, Tofino Provincial Court was relocated from the Tofino Community Hall to the Tin Wis Conference Centre on Tla-o-qui-aht-First Nations traditional territory. Court will continue to be held at this new location on Tla-o-qui-aht land for the next few years.
Tin Wis is the former site of Christie Indian Residential School.
'It used to be the gymnasium of the residential school. It holds a lot of significance,' said Tla-o-qui-aht Justice Manager Curtis Joseph (Tayiisimčił).
Members of the newly formed Tla-o-qui-aht Justice Committee will also be present during the sentencing process to ensure community members are represented – and to allow for accountability.
Elder Gloria Frank is a member of the Tla-o-qui-aht Justice Committee. Frank, alongside all nine members of the justice committee, has taken an oath of confidentially.
'Whatever happens, it stays (in the court),' said Frank. 'We are there to have a serious impact on victims. We want to give them a positive voice and make sure they are safe. We offer comfort and reassurance that it's not (their) fault. We want to take that fear away from our victims.'
'On one side, we are the loving, guiding, community members, but we also have to be unbiased and non-judgmental,' elder Debbie David adds.
Dezerae Joseph, Tla-o-qui-aht's women and girls project co-ordinator, also sits on the justice committee. She says since its inception a couple years ago, more people are coming forward, wanting to see justice.
'People are speaking up about sexual assault, violence and impaired driving,' said Dezerae. 'We are seeing the change. We are seeing people not wanting to be silenced.'
Provincial Court Judge Alexander Wolf said what Tla-o-qui-aht is doing is 'indigenizing' mainstream court; they are creating a one-of-a-kind concept that is distinct from First Nations/Indigenous Courts.
'One of the difficulties we have [with] the mainstream court systems is they are sort of exclusive,' Judge Wolf told the Ha-Shilth-Sa.
He added that these court systems can exclude the needs of a community, disregarding the wishes of elders 'and alternatives that exist to mainstream problem solving.'
'From the judiciary side, this is a great national example of how reconciliation is a process and it's a journey,' said Judge Wolf. 'It's not a destination, to me. Some people, when they look at reconciliation, they say, 'Well we can't have it because we can't go back to a time and place and restore a sense of harmony that never existed.' But I think, as we go forward, that judiciary with communities can go forward and make one view and belief compatible with another.'
The Law Foundation of BC granted Tla-o-qui-aht's justice initiative $1 million over four years, under the same stream of funding that Indigenous Courts are funded, according to Joseph.
The Tla-o-qui-aht Justice Committee is the primary forum for discussions between the Tofino RCMP, and the two parties have created a formal Letter of Expectation (LOE), with input/approval from Tla-o-qui-aht Chief and Council. Youth Engagement is listed as the top priority in the draft letter for this year.
'It's about building that relationship,' said Joseph. 'Sgt. Owen Smith has been very co-operative with us. He gives us an idea of where we need to focus energy on, and a lot of that is alcohol related.'
Tofino/Ahousaht RCMP Detachment Commander Sgt. Owen Smith expressed positivity towards the shift to include Indigenous values.
'In the 18 months that I have worked with (the justice committee), the focus and impact of our work has expanded significantly,' said Sgt. Smith in an email. 'Communication is critical to a good working relationship, and I feel TFN and the RCMP have been great partners in recent months.'
'I hope that our work with the committee removes a lot of the unknown about policing, highlights the work the RCMP is doing to keep community members safe, and demonstrates that we're working together, toward the same goals,' he said.
Joseph says they are in regular conversation with Crown Counsel and are also working on a Memorandum of Understanding (MOU) with Port Alberni Community Corrections and a MOU with the West Coast Community Resources Society for third-party reporting for sexual assault.
Sgt. Smith confirmed that 'all but two officers in Tofino and Ahousaht are now trained in the use of, and equipped with, body-worn cameras. They are a great addition, providing many benefits to the public, officer and court files.'
Judge Wolf urged all First Nations communities to create a stronger partnership with the judiciary and to focus on creating a healthier environment, especially for Indigenous women and girls.
'We have a national crisis of children in care, and we put more Indigenous women in jail than any other group. The atrocity to me nationally is how higher incarceration rates are for Indigenous girls aged 12 to 18,' said Judge Wolf.
He offered words of wisdom from retired Judge Barry Stuart, who uplifted justice reform in the Yukon by implementing the Peacemaking Circle:
'Stuart said, 'You don't need money to make change, you just need a pot of coffee and a dozen donuts and some people that want to make change'. You need people and you need heart. That's essentially what we did here,' said Judge Wolf.
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Caption
Circled by provincial peace officers and Crown Counsel, members of the Tla-o-qui-aht Justice Committee elder Gloria Frank, elder Debbie David (front seated), Justice Manager Curtis Joseph, Judge Wolf and women and girls co-ordinator Dezerae Joseph honour a milestone first week of relocating Tofino Provincial Court to Tin Wis on May 5. (Nora O'Malley photo)