"Alternative Sentencing"

"Aboriginal communities are not a separate category entitled to less protection because the offender is Aboriginal. Where the breach of a [long-term supervision order] goes to the control of the Aboriginal offender in the community, rehabilitation and reintegration into society will have faltered, if not failed." Justice Marshall Rothstein

It was a nice, liberal bow to the culture and heritage and insistence of First Nations that their form of restorative justice worked better for aboriginals than the White Man's version of criminal prosecution and subsequent punishments reflecting the severity of the crime committed. In deference to aboriginal sensibilities, it was thought useful to instruct judges to consider sentencing in light of aboriginal ancestry.

In so doing, society was giving if not a 'free' pass, then something closely aligned to it, to First Nations people who tested the boundaries of society's patience in persistent and sometimes very violent criminal acts committed in their own communities and further throughout general society. It is true that aboriginal inmates in federal penitentiaries are over-represented in their incarcerated numbers.

But it is not so true that the fault for that fact, that First Nations youths in particular in committing various types of crimes against society and one another, should be given lighter sentences in recognition of their background. Much crime is ignited by the use of alcohol and drugs, and it is also a fact that aboriginals are highly susceptible to such addictions. And those addictions are often the cause of criminal acts.

But aboriginal backgrounds also include the fact that despite the original unblemished culture so dreadfully spoiled by the appearance of the White Man on North American shores that were already occupied by people whose ancestral lands it represented, at the present time First Nations living on reserves do not frequently parent well. Children brought up in homes where parents are disinterested in their welfare and more interested in drinking and drug use do not make ideal role models.

Manasie Ipeelee, a 39-year-old Inuk from Iqaluit became an alcoholic by age 12 after his alcoholic mother died leaving him an orphan. By age 19 he had 36 convictions of brutal beatings, and rapes. Frank Ladue, a 50-year-old Dene Indian was orphaned by the death of alcoholic parents. Sent to a residential school at age five, he began consuming alcohol at age nine, then went on to using drugs. His speciality was assaulting women, raping them when they were drunk or unconscious.

Neither of these two men represent potentials for rehabilitation and integration back into the communities where they terrorized and threatened people, committing their brand of violence. Correctional Services of Canada has done their best to be conscious of the aboriginal background, attempting to imbue their inmates with the support of aboriginal elders through culturally specific measures.

But these were not men in search of their cultural roots, prepared to worship their heritage and reform their brutal natures. They were clearly psychopaths and it is unclear how much of that character that they presented was due to their native heritage corrupted by misfortune and neglect, or just plain nasty inherited genes, such as can be found in any society represented by any ethnic group.

The tender ministrations attempted on behalf of people such as these two is horribly misplaced. Miserable criminals who inflict terror and dreadful violence on others are simply incorrigible. The result of their predations on others should be incarceration to protect society from their malign presence.