KENORA — A recent court decision on the law around intermittent sentences and how it affects indigenous offenders from remote communities has garnered a response from the grand chief of Nishnawbe Aski Nation.
In a lengthy decision ruled Friday, an Ontario judge agreed how the law discriminates against residents of Pikangikum, a remote First Nations community north of Kenora.
On Monday, Oct. 5, Grand Chief Alvin Fiddler described Judge David Gibson’s decision as “thoughtful and well-reasoned” and reaffirms the need for transformation of the justice system as it pertains to Indigenous offenders.
“The colonial justice system simply doesn’t work for our communities,” Fiddler said in a statement. “I acknowledge his respectful consideration of the history of injustices faced by the members of Pikangikum and his finding that members who reside in the community do not receive equal treatment of the law.”
The case centres around six Pikangikum members and their inability to serve intermittent sentences in their home communities. Judge Gibson said in his decision the right to equal benefit of the law under the Charter of Rights and Freedoms was violated for the six individuals involved, according to a NAN media statement.
“(Judge Gibson) captured the disparities and discrimination experienced by Pikangikum First Nation and the suffering that has transpired due to the corrosive effects of colonization,” Fiddler said.
Friday’s court ruling also highlighted the need to transform the justice system so it is culturally relevant and inclusive of Indigenous history and traditions, Fiddler said. He also called on the Crown to “not waste time by seeking an appeal and seize this opportunity to transform the administration of justice.”
