An Indigenous court in S'ólh Téméxw: a transferability assessment

There have been several Indigenous initiatives established in response to the overrepresentation of Indigenous people in the justice system and to deliver culturally appropriate services (Government of Canada, 2016, para. 7). Although there are two Indigenous initiatives in Chilliwack, including the Native Courtworker and Counselling Association of BC and Qwí:qwelstóm Wellness, there are still gaps in connecting Indigenous people involved in the court system to community-based justice and wellness services. In 2018, Qwí:qwelstóm Wellness hosted a meeting and invited former Chief Judge Thomas Crabtree to present on the purpose of an Indigenous court and the feasibility of establishing a court in Chilliwack. When the proposed initiative was presented to the Stó:lō political leadership, they requested additional information, including the potential risks of having an Indigenous court in Chilliwack and assessing the transferability of existing models and practices to the proposed court in Chilliwack. A transferability assessment was undertaken to determine the extent to which practices from Indigenous court models found in British Columbia could be transferred to a proposed Indigenous court in Chilliwack. Qualitative research for this Major Paper was completed through interviews with the participants who have roles within Stó:lō Nation and some existing Indigenous courts. There are six common aspects of Indigenous courts that are believed to be essential to their success, including the inclusion of local Indigenous culture, the Elders’ role, the victim’s role, the strengthening of relationships between the court and the Indigenous community, the clients’ greater and easier access to community resources, and the consideration of Gladue principles. This major paper presents a transferability analysis and offers suggestions for consideration during the establishment of an Indigenous court in S’ólh Téméxw.