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Unsettling Colonialism in the Canadian Criminal Justice System: 14. Earth and Spirit: Corrections Is Not Another Word for Healing

Unsettling Colonialism in the Canadian Criminal Justice System
14. Earth and Spirit: Corrections Is Not Another Word for Healing
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“14. Earth and Spirit: Corrections Is Not Another Word for Healing” in “Unsettling Colonialism in the Canadian Criminal Justice System”

Chapter 14 Earth and Spirit Corrections Is Not Another Word for Healing

Charles Jamieson

Indigenous people in prison continue to be denied access to supports and programs that address the underlying issues associated with their experiences with the violence of colonialism without the overwhelming presence of Westernized ideologies. Today, this overwhelming influence of Westernized ideologies exists within the Indigenous-Integrated Correctional Program modules implemented by Correctional Service of Canada (CSC). Indigenous people in prison and their supporters continue to (politely) ask the CSC to accept the traditional teachings on their own, without the correctional interventions, as credible resources for healing its people and to (intelligently) effect change.

Recognizing the effort that CSC has made to introducing Indigenous perspectives into mainstream curriculum, it must also be recognized that corrections developed (made sure) the revised Indigenous-Integrated Correctional Program modules contained Westernized ideologies of correcting and rehabilitating (assimilating) Indigenous people, in reference to Indigenous healing traditions. This approach negates any and all authenticity that the traditional teachings offer “on their own.”

Let’s be very honest: in corrections (yesterday and today) there does exist an opinion that traditional methods (rehabilitation) are too anachronistic to effect change. Traditional teachings “on their own” are too (weak) open-ended to effect change. Traditional methods of healing are not (intelligent) enough to be described as an approved prescription of conduct. In corrections, there exists a strong opinion (even some Indigenous) that although seeking information from traditional teachings is excellent, its relevance in today’s society is at question.

Prescription for conduct is in a person’s mannerisms, intelligence, and behavioural traits (how a person conducts themselves). For people whose behaviour is expressed in “antisocial” ways, in corrections, the notion of change suggests addressing their underlying issues. For Indigenous people, we are discussing traumas that have affected Indigenous people over generations, mentally, emotionally, spiritually, and physically. In the absence of addressing these colonial issues, nothing about a person will change. We will continue to get what we have always gotten. The diabolical cycle does not go away.

Although traditional teachings are dated in our society, this opinion relates to the belief that traditional teachings cannot move Indigenous people into (internalizing) rehabilitation. Corrections does not believe that traditional teachings, of their own merit, can be a reliable source for “pro-social” change. I (unequivocally) disagree. Incorporating Westernized ideologies into Indigenous-Integrated Correctional Program modules is not only insensitive but highlights a misunderstanding and ignorance of traditional teachings. CSC has never wanted to acknowledge that Indigenous people do not need their influence to (rehabilitate) change.

There is no need for a handbook entitled, “For all Aboriginal people in prison in CSC: This is How you Rehabilitate.” Teaching Indigenous people in prison how to fill out identification forms, submit tax returns, open chequing accounts, and obtain a driver’s licence should be the extent of Westernized (ideologies) influence concerning the rehabilitation and healing of Indigenous people. When it comes to these underlying colonial issues, Indigenous people in prison should have the choice, which comes without consequences.

I concede that Corrections offers an opportunity for Indigenous people in prison to address these issues with an Elder. However, they (must) will still be referred to participate in their Indigenous-Integrated Correctional Program modules to address the issues they have identified as contributing (criminogenic) factors. This additional (required) step is unnecessary for Indigenous people in prison. Why? That individual sought out a method of treatment that they were able to identify with on a personal and cultural level. That contact (identification) with their Elder was already the driving force that propelled the individual to reconnect with their culture and spirituality. These individuals then made an intelligent and informed decision to address underlying issues in a religious way; religion referring here to the active and full participation in any and all traditional ceremonies, traditional rules of ethical conduct, and traditional views of a spirit dominated universe. These are views that did not simply come into being on their own. They were created.

Anishinabek consider the Earth a sentient being that helps generate life, and many believe that the Creator created a universal bond between all living things that placed the earth at the centre of a vast web of kinship relations. CSC does not acknowledge the connection between Earth and Spirit. It is this refusal that does not allow traditional teachings the authenticity and validation that they deserve. In CSC, the meaning of equality and fairness is specified in the principles of justice, which also require that equal basic rights be assigned to all persons; the constitutional category under which Anishinabek people have a right to their spiritual (religious) beliefs is section 35(1) Part II of the Constitution Act, 1982. A contemporary applied example of this principle is provided in the issue involving the Cape Croker Indian Reserve. This challenge revolved around a piece of land that held spiritual significance regarding land called the Alvars that have an age between 4200 BCE and 2700 BCE. Scientists, lawyers, band counsellors, grandmothers, Elders, and medicine people, drew strongly on Anishinabek law, respecting Anishinabek spiritual beliefs. This led to a (positive) resolution.

Anishinabek people have multiple viewpoints on religion and spirituality. Yet despite diverse perspectives, the land’s sentience is a fundamental principle in Anishinabek law, one upon which many Anishinabek people attempt to build their societies and relationships. Of course, they have not always been successful in this regard; like most peoples, they often fall short of their highest ideals. Nevertheless, it is a (present-day) principle of central significance that has tremendous implications for how we live with one another on the earth’s surface.

This brief review of Anishinabek law demonstrates that Anishinabek beliefs concerning the Earth as a living being can be (legally) recognized and affirmed. I am stating that CSC should give relevance, authenticity, and validity to traditional teachings as an appropriate (rehabilitative) method. In this context, Indigenous people in prison are not refusing to rehabilitate, nor are they refusing treatment. They are choosing a method that they can identify with.

Are traditional teachings too anachronistic to effect change? The Anishinabek take their identity and traditions from their ancestors. This (sacred) story is part of what Anishinabek people call the Grandfathers. Stories of this nature are set in time immemorial; they explain how the world came to have its present form and furnish embedded observations of how the beings (who currently inhabit earth) should relate to one another.

Are traditional teachings (not) intelligent enough to be described as advancing pro-social conduct? In addition to the pervasiveness of Anishinabek thought regarding the Earth, there are strong and formalized Anishinabek structures to give this belief even greater coherence. For example, the Midewiwin society is regarded as the traditional Anishinabek religion. It teaches the people how to appropriately relate to the Earth and other living beings (who currently inhabit earth).

Are traditional teachings too open-ended? CSC needs to recognize that traditional methods (of rehabilitation) are not solely based on sweats, spirit baths, and Elder one on ones. Through these ceremonies, individuals begin to appreciate that rehabilitation at CSC is a very small portion of their rights and responsibilities that they will have to undertake should they choose to live an Anishinabek lifestyle.

Indigenous program facilitators do have the training to make accurate assessments regarding Indigenous people’s amenability toward (internalizing) traditional teachings. The facilitators have the (education) ability to provide a professional opinion regarding an individual’s suitability for participation in a Healing Plan. Indigenous Liaison Officers have the insight and training to interpret the Offender Management System and to make appropriate referrals regarding individual program needs. The Indigenous Liaison Officers can make informed decisions that distinguish between those who would benefit from Healing Plans and those who are not ready.

For Indigenous people in prison, having made a cultural and spiritual connection was the catalyst that encouraged them to address their traumas in a holistic way. When an Indigenous person asks for the program room to be smudged, what does the program facilitator say to such a request? When an Indigenous person asks their parole officer to be discharged from the Indigenous-Integrated Program because it does not provide cultural and/or spiritual connection, what does parole officer say to such a request? Indigenous people in prison are being told that the environment they are in is not appropriate for smudging and that regardless of the reason why, if that offender stops going to their core program, there will be consequences.

Traditional teachings and those who undertake their rights and responsibilities need to be protected. Those who work with a facilitator and Elder developing a Healing Plan should receive Constitutional and Charter protection under Section 2(a) of the Charter and Section 35(1) Part II of the Constitution Act, 1982. Those methods of protection should be conclusive so that authenticity is not compromised. Otherwise, the person becomes oppressed with nothing to make a connection to. That’s the Indigenous person we need to protect.

The Indigenous person we need to protect is choosing to return back to the (Reservation) community and they are making intelligent and informed decisions, choosing to participate in religious ceremonies to address their underlying issues. It is a spiritual choice, but this is not an Indigenous issue; this is a Constitutional challenge and you people are the law.

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15. Shit: A Poem Dedicated to All Incarcerated Sisters
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