Prisons and the pre-contact worldview of the peoples of turtle island
By Harley Eagle, Restorative Justice facilitator
Harley Eagle is of the Dakota/Salteaux First Nations, enrolled in the Wapaha Ska Dakota First Nations Reserve, in Saskatchewan, Canada. He and his wife Sue share a position in Winnipeg as co-coordinators of Mennonite Central Committee Canada’s work with Indigenous people. In addition, Harley is a Circle facilitator and Dismantling Racism trainer. He has co-facilitated workshops for the Center for Restorative Justice and Peacemaking in Minnesota, with a Tribal Judges Symposium in Montana, with the Black Feet Tribal Courts, and in numerous other locales.
Foundational to the life ways of Indigenous* peoples, to the cultures of Turtle Island* prior to contact with Europeans, was the need to maintain a respectful, balanced existence in all relationships, including our relations with the land, plants, and animals. There was no need to dominate, control, conquer or eradicate the life around them. What resulted was the development of complex societies that helped maintain long-term sustainability and diversity within the natural cycles of the entire environment, rather than just for humans or a select few humans.
Of course individuals or even groups strayed from this worldview way of life from time to time. Ways of dealing quickly with such situations were needed so that the community could get back on track. The processes used by Indigenous peoples were based on the comprehensive participation and voice of all affected. They focused on those harmed, on communal rights and responsibilities, on the accountability of the harmer to make things right to all affected, and to the best of everyone’s ability, the restoration of relationships.
Prisons, in the modern sense of behavioral correction by confinement for the breaking of certain laws of the land, did not make sense for several reasons. Each member of the community had roles to fulfill in the maintenance of the way of life. The time and energy consumed constructing jails and guarding and caring for prisoners would not be practical for communities where ease of movement and communal responsibility were paramount. Correction of aberrant behaviors was vital – but not by way of the present day formal justice system, which is designed to fit the worldview of the dominate society.
One of the frustrations that I often hear from Indigenous communities where restorative process are being encouraged by the Federal justice system, is that there is a lack of understanding of these basic worldview conceptual differences. Indigenous understandings of restorative justice make sense when the surrounding worldview supports it. Where there is a lack of support from the foundational worldview, restorative justice runs the risk of becoming just another program. So how do we remedy this worldview difference or make sense of using restorative justice in today’s dominate society, especially for Indigenous peoples? More and more, folks involved in the process of restorative justice, whether as clients, advocates or supporters, recognize that for authentic restoration to take place, the entire surrounding worldview must also change.
Canadian aboriginal citizens are disproportionally represented in our prison population: In 1997, aboriginal people represented close to 3% of the total population but 12% of the federal prison population. In 2007, this proportion had increased to 19.6% of federal prisoners. Fear-Driven Policy, CLR, May ‘10
Some years ago while trying to use restorative justice processes to deal with conflict in an Indigenous community rife with social problems – high unemployment, overcrowded homes, and lack of infrastructure – I had to sit back and ask myself, What is the use? What is it I am helping folks to be restored too? Restoration back in to an unhealthy community was not making sense to me. But upon further reflection I realized that I was involved in the restoration of a culturally appropriate restorative process whereby folks could get some sense of the genius and brilliance of our ancient ways. With this understanding, we are planting a seed of hope for breaking free of the patterns of oppression that lead to unhealthy people and communities, and the prisons that have captured our minds and spirits.
Harley Eagle is of the Dakota/Salteaux First Nations, enrolled in the Wapaha Ska Dakota First Nations Reserve, in Saskatchewan, Canada. He and his wife Sue share a position in Winnipeg as co-coordinators of Mennonite Central Committee Canada’s work with Indigenous people. In addition, Harley is a Circle facilitator and Dismantling Racism trainer. He has co-facilitated workshops for the Center for Restorative Justice and Peacemaking in Minnesota, with a Tribal Judges Symposium in Montana, with the Black Feet Tribal Courts, and in numerous other locales.
Foundational to the life ways of Indigenous* peoples, to the cultures of Turtle Island* prior to contact with Europeans, was the need to maintain a respectful, balanced existence in all relationships, including our relations with the land, plants, and animals. There was no need to dominate, control, conquer or eradicate the life around them. What resulted was the development of complex societies that helped maintain long-term sustainability and diversity within the natural cycles of the entire environment, rather than just for humans or a select few humans.
Of course individuals or even groups strayed from this worldview way of life from time to time. Ways of dealing quickly with such situations were needed so that the community could get back on track. The processes used by Indigenous peoples were based on the comprehensive participation and voice of all affected. They focused on those harmed, on communal rights and responsibilities, on the accountability of the harmer to make things right to all affected, and to the best of everyone’s ability, the restoration of relationships.
Prisons, in the modern sense of behavioral correction by confinement for the breaking of certain laws of the land, did not make sense for several reasons. Each member of the community had roles to fulfill in the maintenance of the way of life. The time and energy consumed constructing jails and guarding and caring for prisoners would not be practical for communities where ease of movement and communal responsibility were paramount. Correction of aberrant behaviors was vital – but not by way of the present day formal justice system, which is designed to fit the worldview of the dominate society.
One of the frustrations that I often hear from Indigenous communities where restorative process are being encouraged by the Federal justice system, is that there is a lack of understanding of these basic worldview conceptual differences. Indigenous understandings of restorative justice make sense when the surrounding worldview supports it. Where there is a lack of support from the foundational worldview, restorative justice runs the risk of becoming just another program. So how do we remedy this worldview difference or make sense of using restorative justice in today’s dominate society, especially for Indigenous peoples? More and more, folks involved in the process of restorative justice, whether as clients, advocates or supporters, recognize that for authentic restoration to take place, the entire surrounding worldview must also change.
Canadian aboriginal citizens are disproportionally represented in our prison population: In 1997, aboriginal people represented close to 3% of the total population but 12% of the federal prison population. In 2007, this proportion had increased to 19.6% of federal prisoners. Fear-Driven Policy, CLR, May ‘10
Some years ago while trying to use restorative justice processes to deal with conflict in an Indigenous community rife with social problems – high unemployment, overcrowded homes, and lack of infrastructure – I had to sit back and ask myself, What is the use? What is it I am helping folks to be restored too? Restoration back in to an unhealthy community was not making sense to me. But upon further reflection I realized that I was involved in the restoration of a culturally appropriate restorative process whereby folks could get some sense of the genius and brilliance of our ancient ways. With this understanding, we are planting a seed of hope for breaking free of the patterns of oppression that lead to unhealthy people and communities, and the prisons that have captured our minds and spirits.
