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The MKO First
Nations Justice Strategy was created in response to the 1991 Report
of the Aboriginal Justice Inquiry of Manitoba as a preliminary step
toward the creation and implementation of a First Nations Justice
System as recommended by the Commissioners of the Inquiry. The MKO
First Nations Justice Strategy was formed through a tripartite alliance
with Manitoba Keewatinowi Okimakanak, the Manitoba Department of
Justice and the Department of Justice Canada.
The MKO FNJS
has been operational since 1997 and is operational in Ten of the
Thirty First Nation communities within MKO's jurisdiction. The mandate
of the strategy is to empower First Nations to assume direction
and control of the criminal justice process, thereby creating a
model which is restorative at its core, culturally relevant and
effective. The strategy is a response to clearly identified concerns
regarding access to and the quality of justice services in First
Nations communities.
The strategy
has two main components; the first being a Magistrate's Court, conducted
in Cree that alternates with the Provincial Judges Court. The Magistrate's
Court travels with a Crown Attorney, defense counsel, and a clerk
of court to seven of the ten targeted communities. These courts
are less formal and deal with matters in a more culturally relevant
manner. This court also acts as a primary screening mechanism for
all post charge referrals. The second main component is the formation
and use of Community Justice Workers. The Community Justice Workers
develop and use culturally and community appropriate methods of
dealing with cases diverted to workers by the courts(post charge),
the police and band constables (pre charge) and the community.
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