The over-representation of Indigenous people in the justice system is an issue that goes beyond the borders of Australia – it reaches as far as Canada. To address this serious and complex issue rooted in racism and colonialism, Canada has released its first-ever federal Indigenous Justice Strategy in March 2025.
A key figure advocating for Indigenous justice is Canadian Indigenous Social Justice Consultant Dr Allen Benson, who has been working in the justice field since 1978. He recently retired as CEO of the Native Counselling Services of Alberta, an Indigenous-run justice and corrections program and agency. His former roles also include serving as chair of the Family Violence Death Review Board and as president of the National Associations Active in Criminal Justice. Aside from these, he is part of a couple of international committees.
At the 4th National Justice Forum, Dr Benson will deliver a keynote on implementing a new model of justice through Indigenous courts, community renewal and prevention. Learn more about the work he’s doing from our Q&A session with him.
How did you transform Alberta provincial courts into an Indigenous-run court that includes ceremony and Elder participation as well as supports workers and navigators?
The Native Counselling Services of Alberta has been delivering Indigenous court work services since 1970. Over that period, we’ve introduced many different practices like youth justice committees and sentencing committees for young offenders.
Over time, the courts have recognised the value and importance of addressing specific needs in court, such as a mental health court, an addictions court, and now an Indigenous court to address the recidivism rate of Indigenous people. The judges have agreed to work closely with us to develop Indigenous models that influence the overall operation of Indigenous courts.
How do we do that? We bring elders into the process to do the smudging ceremony in the court, which is much like the smoking ceremony in Australia. We also decorated the court with Indigenous art. We introduced the eagle feather as a way of swearing information into the court. Holding the eagle feather is a traditional Indigenous practice, so we recognise and honour it as part of a ceremonial practice.
The judge, Crown prosecutor, defence counsel, support workers, navigators and Indigenous court worker all sit at the same table with the accused. Sometimes, family members, Elders and support people review the case along with a healing plan. Often, the table, including the judge, would direct or order a healing plan to be developed for that individual. Once the healing plan is developed, it’s brought back into the court.
And then all the support services required for that individual are brought in to help in the implementation of the healing plan. For instance, it may be a housing issue or addictions counselling, or there’s a need for the individual to participate in a traditional ceremony with an Elder and address the need for identifying their issues, like intergenerational trauma and addictions, and then for having a plan to address those issues. It could be the individual being a victim of sexual abuse, past historic trauma, intergenerational trauma or addictions.
The healing plan then addresses all those issues. Reports are then brought back to the court on how successful the individual was in addressing those issues. Sometimes it takes up to 18 months. Through this process, we have the individuals who sit in the circle in the court and the people who provide the interventions and support services.
How did Indigenous-led courts place a demand for better community supports and resources to prevent individuals from re-entering the justice system?
We have what we call a management table, which responds to the needs of the courts. It’s a representative of the federal Crown Prosecutor’s Office, provincial Crown, defence attorneys, Indigenous lawyers (who are defence attorneys as well), native or Indigenous court workers, support agencies like housing, addiction and family violence agencies, and at least one Elder.
The purpose of the management table is to have ongoing conversations about the support services needed for individual clients, how well they are being coordinated and supporting each other, and the agencies’ challenges in providing support services. As a result, many support services are coordinated for individuals going through an Indigenous court.
What is the importance of developing community resources for services such as housing, family support, intimate partner violence prevention, and addiction counselling and support?
Too often in our court systems in Western society, the courts are left with making decisions on sentencing without knowing what resources are out there, without a coordinated approach. Often, individuals are sent to prison because there’s no option for them to develop a healing plan and get the support they need to address their special needs so they can become healthy members of our society.
If the courts have nowhere to turn but send those who are homeless and have an addiction issue into prison, that’s when an over-representation of our prison system occurs, and the demand is put on the community. If we want Indigenous courts, then we must have better services and supports for individuals going through the courts.
Is there anything you would like to add or highlight regarding your topic? What should people look forward to in your session?
I’ll talk about the history and development of Indigenous involvement in the justice system and how we got to the stage where the importance of developing and implementing an Indigenous court model emerged.
And then I’m going to talk about the Indigenous court itself, use some examples of individuals who have gone through the court system, and share their story and talk about the outcomes. I also have a short film on the Indigenous court where the Chief Justice of the Alberta Court speaks to the importance and success of the Indigenous court.
Don’t miss the chance to learn what an Indigenous court model looks like. Secure your spot for Justice Forum now.
Geraldine is currently the Content Producer for Third Sector, an Akolade channel. Throughout her career, she has written for various industries and international audiences. Her love for writing extends beyond the corporate world, as she also works as a volunteer writer at her local church. Aside from writing, she is also fond of joining fun runs and watching musicals.
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