Self-directed learning activities in Miawpukek First Nation justice programs

Self-Directed Learning Activities -- December

Self-Directed Learning Activities Recording Sheet

Student Dianisia White Term Fall 2010 Date: December 14, 2010

Tracking Sheet

Date of Activity

Duration of Activity

Relevant Quadrant

Met with Justice Manager with Miawpukek First Nation

-hour

Quadrant A, B & C

Healing Circle -- Pre-charge for people in conflict with the law.

hours

Quadrant A, B, C, D

Met Director of Health & Social Services & the community social worker with Miawpukek First Nations regarding mental health

hours

Quadrant A, B, & C

Attended Miawpukek First Nation Annual General Assembly -- (Emphasis on Justice; Health & Social Services)

hours

Quadrant A, B, C, D

Nov 20/10

Viewed Documentary "Kanehsatake 270 Years of Resistance" regarding the 1990 armed standoff of a small group of Mohawk Indians in Kanehsatake Canada.

hours

Quadrant A

Nov 24/10

Viewed Documentary "Griefwalker" 2008 about a counsellor who counsels patients on how to accept death willingly without the fear, grief and anguish that many dying patients experience

2 hours

Quadrant A, B, C, & D

Total hours for term

19.5 hours

Date of Activity: October 20, 2010

Name & Brief Description of Activity: Met with Justice Manager of Miawpukek First Nation.

Duration of Activity: 8:30am to 10am @1.5 hours

Relevant Quadrant: Quadrant A, B & C

Head Heart and Hand Critical Reflection:

Head

What I learned from Tthis meeting is revealed to me that the Miawpukek First Nation (MFN) desires their community to have a greater role in defining problems, developing approaches, reaching decisions, and then implementing those decisions. MFN has some experience in community justice, as they currently; they have two-tier process for dealing with community offences; 1) a pre-charge and 2) a post charge. The first process involves a healing journey. From the time the individual is seen to have commitsted an offence and takes ownership of his actions, he makes application to the Justice Committee. The application involves the individual making an offering to a respected elder, it involves the individual and outlining establishing actions that can be taken possible things he feels he can do to make right the situation his behaviour created (his plan of care). The Justice Committee then reviews and accepts his application. A Healing Circle is organised whereby both the victim and offender can attend including their support persons. Upon completion the individual enters into an agreement of honour with the terms drawn from the consensus of the Healing Circle. There is a time restriction to complete the terms of his agreement, should he fail to do so, formal criminal charges are laidmade.

The second process involves the laying of charges and goes before a Provincial Court system. The individual has to accept responsibility and after a guilty plea, can request a sentencing circle.

The individual and his supporters, the investigators, the Crown, the judge can all sit in the circle. This forum allows all participants to determine the appropriate sentence for the individual.

Heart

What feelings were invoked with regard to this activity? I experienced tremendous feelings of pride, respect and awe as to howin this community's can ability to develop a program based on their own cultural values. To The use of terms like such as "person harmed," "person in conflict with the law," "agreement of honour" as opposed to victim, offender and disposition/sentence, really sets this apart as a community owned, community developed, and community driven process. MFN has a community-based justice model that addresses the weakness inherent in the current provincial system, builds upon Mi'kmaq customs, traditions, instills greater self-governance, and is totally accountable.

Hand

How might I apply learning and feelings associated with this activity?

Community supports are extremely important in determining the success or failure of many intervention programs. However, intervention must be offered on an ongoing and long-term basis if it is to be effective. From a social work perspective, I think it'is important that I remember this and when working with First Nation communities, the key is to only support their "own" development of community-based solutions, not try to "fix" them.

Date of Activity: October 20, 2010

Name & Brief Description of Activity: Met with Director of Health & Social Services & and the community social worker with Miawpukek First Nations regarding mental health services in the community.

Duration of Activity: 10 AM to 12 noon @2 hours

Relevant Quadrant: Quadrant A, B, C

Head Heart and Hand Critical Reflection:

Head

What I learned from observing this activity is: With respect to its mental health services, MFN has outpatient mental health services only as there is no hospital on reserve. Clients needing in service would have to travel one and half hours to Grand Falls-Windsor and can avail of in-patient services thru Central Health at the hospital. Within the community, there is one mental health coordinator who also serves as the mental health Counsellor. She is responsible for the entire intake for all counselling. There is a mental health team which is comprised of mental health coordinator, nurse practitioner, drug and alcohol counsellor, victim services worker, family support worker, early childhood worker and an Elder (male & female). They work with a Mental Health Committee who has representatives from the various factions within the community including Elder (male & female), youth (male & female), MFN's restorative justice initiative, housing department, peopleand people who have varying abilities including mental disabilities. It seems toThese factions work well together. Should one of the team gets a mental health client, they usually refer to the mental health coordinator and she does the intake, which begins at the first session and usually takes 2-3 sessions. It works well as the other teams members can do a short session to determine if it something that the mental health coordinator can help with and sometimes we refer out as well.

Hand

How might I apply learning and feelings associated with this activity? Social workers are vital to mental health service delivery. Social workers provide one on one counselling - for children, youth, adults, couples and families. As well as addictions work, therapeutic group work, social support group work, advocacy, non-profit work, a great deal of volunteering in the community, public presentation work, school presentation work - all in the name of mental health or social types of work. Social workers are also involved in the referrals to more specialized services (psychiatry, etc.). In addition, social workers do networking, are often involved in community justice and housing issues for clients, sit on many types of work committees (i.e. by-law making, healing & sentencing circles) to ensure mental health awareness, and are issues are heard. Comment by mekaro: You should explain how to apply what you have learned in first person as it pertains to this section. This answer seems a little generic and does not really reflect the way that you would apply what you have learned.

Date of Activity: October 20, 2010

Name & Brief Description of Activity: Attended a healing circle

Duration of Activity: 6pm to 10pm @4 hours

Relevant Quadrant: Quadrant A, B, C & D

Head Heart and Hand Critical Reflection:

Head

What I learned from watching this activity. The concept of Wholisic justice (tetpaqa'tekemk) and healing (nepisimk) is a gift from the past and present to the future. This concept can generally be described as a way of dealing with the harm caused by a the wrongdoing of a person in conflict with the law and the community that has been affected. The outcomes that are sought include restoring harmony in the community by repairing, as much as possible, both material and psychological damages to the person who is wronged, and the re-integration of the offender (thereby preventing recidivism) by the use of shame and remorse for committing a wrong action. The person in conflict with the law is expected to "pay" by taking active responsibility for causing the harm and by being accountable to the person who is harmed and the community for repairing or minimizing the injuries. The process helps the person in conflict with the law to experience shame for committing the harmful action -- but in a reintegrative way, in a caring and supporting context. The proponents of Wholisic justice (tetpaqa'tekemk) and healing (nepisimk) believe this approach to be more fair, satisfying, efficient and effective that the conventional, court based, adversarial approach to justice.

Heart

What feelings were invoked with regard to this activity? This new yet very ancient way of dealing with offending behaviors was seen by all key players in our community as a natural extension of the vision for the restoration of Mi'kmaq dispute resolutions. This new approach can flourish only through resource development and continued awareness. From the time the individual is seen to have committed an offence and takes ownership of his actions, he makes application to the Justice Committee. The application involves the individual making an offering to a respected elder, it involves the individual outlining possible things he feels he can do to make right the situation his behavior created (his plan of care). There are special rules that govern the Healing Circle: Comment by mekaro: This is repetitious.

1. There are no special powers or privileges for anyone in the circle.

2. The Circle moves clockwise direction with the sun

3. There are no interruptions while a person is speaking.

4. In a Healing Circle a person may only speak in turn.

5. The laws of the Creator shall govern the person speaking. Those laws are honesty, sharing, kindness, and respect;

6. The circle decisions are made on the basis of consensus

7. All times during the proceedings of a Healing Circle the Keepers of the Circle will maintain the order and the process of the circle.

Hand

How might I apply learning and feelings associated with this activity? It is absolutely essential for Wholisic justice (tetpaqa'tekemk) and healing (nepisimk) to find a place in the Canadian justice system. Participants have the option to speak or remain silent. There were several rounds of speaking. The first go around the individual answers questions such as, "Why did I come today?" And "Why am I here?" The second go round, participants speak to the person harmed and the affect on self, family and community. The final go around participants outline expectations to the person in conflict with the law and stated opinion as to what needs to be done to restore balance; and anyone has the right to ask anyone else questions.

Date of Activity: October 21-22, 2010

Name & Brief Description of Activity: Attended Miawpukek First Nation Annual General Assembly

Duration of Activity: @8 hours

Relevant Quadrant: Quadrant A, B, C & D

Head Heart and Hand Critical Reflection:

Head

What I learned a great deal about the gistory of the MFN from through this observing observation this activity. is: For instance, Tthe Miawpukek First Nation (MFN) in Conne River is situated on the South-East coast of Newfoundland. It was officially recognized as a band under the Indian Act in 1984, and the reserve was created in 1987. The only recognized band and reserve in Newfoundland; it has a total membership of 2,800 with approximately 850 members living on reserve and the remaining 1,950 living off-reserve members. MFN is recognized as one of the most advanced bands in Canada, having a sound governance structure, providing innovative programming, and following solid administrative practices, based on transparency and accountability. Currently there is a hundred percent seasonal employment through a work for welfare type initiative, which means if you're able bodied you cannot receive welfare but have to work for benefits which enables you to qualify for employment assistance (usually 16-20 weeks). The hourly rate is ten to fifteen dollars an hour depending on specific criteria (i.e. If you have dependents, own your own home etc.). You cannot avail of this just out of high school as the emphasis is on students availing of post secondary education. Students have to sign a contract for funding of their education program and have to return to the community to contribute in that field. (Usually 1-2 years)

Heart

What feelings were invoked with regard to this activity: Certainly an immense sense of pride as so often we only see the negativity associated with First Nations as they struggle to combat oppression, internalized oppression and the hundreds of years of colonization. To see the community of Conne River govern themselves based on their cultural, traditions and beliefs as they face their challenges, was truly remarkable.

Hand

How might I apply learning and feelings associated with this activity? Again I think as a social worker it is imperative, I look to the pillars of culture when working with any community whether First Nations or non-First Nation. And althoughEven though MFN is truly a model First nation community, it is important I remember they are unique as they only came under the Indian Act in 1985 which meant they did not have to deal with residential school nor Indian Agents which I thinklikely attributes to their success.

Date of Activity: November 20, 2010

Name & Brief Description of Activity: Viewing of Documentary "Kanehsatake 270 Years of Resistance" regarding the 1990 armed standoff of a small group of Mohawk Indians in Kanehsatake Canada.

Duration of Activity: 8pm to 10pm @2 hours

Relevant Quadrant: Quadrant A

Head Heart and Hand Critical Reflection:

Head

What I learned from watching this documentary associated with Quadrant A

The fundamental cause of the Mohawk peoples in Kanehsatake is both historical and fundamental to human rights and especially to the rights of indigenous peoples. Wwho have been historically driven off many acres of land, which had been previously promised to them. Kanehsatake is a small Indian reserve in the village of Oka CA. The standoff occurred due to encroachment of the Kanehsatake land by the Oka village with the intent of expanding a golf course already on the land and building luxury homes (a historical encroachment of the village on "commons" protected as Indian land) with a 270-year history of dispute. The land holds a sacred grove of pines as well as an Indian burial site dating back to the late 17th early 19th century. The indigenous people feel they have a right to continue to protect and preserve this land with several generations of history supporting their struggle.

Heart

What feelings were invoked with regard to this activity? Feelings of concern for the many individuals (about 50) who were directly involved in the struggle as well as strong feelings of concern for all indigenous peoples who are affected by the seemed continual land grabbing of non-indigenous peoples. There is also a strong sense of anger associated with the extreme militaristic response the government had to this event. The extreme social injustice of this situation is foundational to a serious need to look directly at the claims and realities of the situation and for the government to put into better perspective how they might respond to such concerns in the future. It very much seamed from theThe documentary as if therevealed that the situation left many people with the potential for long-term, social, emotional, psychological and physical detrimentdamage and the continued concern over the land will likely add considerably to this risk.

Hand

How might I apply learning and feelings associated with this activity? Indigenous peoples all over the world deal with the