As National Day for Truth and Reconciliation approaches on Sept. 30, it is an opportunity to learn more about the ongoing challenges Indigenous Peoples face and how the effects of historical policies remain visible within the justice system.
Andre Landry is a bail hearing lawyer with Legal Aid Alberta. Although he is not Indigenous, he has spent more than a decade representing Indigenous clients in rural Nova Scotia, Nunavut and Edmonton. Through that work, he has seen how intergenerational trauma, displacement and systemic barriers can affect a person’s experience with the justice system.
You’ve spent much of your career working with Indigenous clients in rural and northern communities. Can you talk to us about the impacts of the residential school system that continue to be felt today?
It goes far beyond the residential school system. There are a number of damaging historical policies that have led to many types of intergenerational trauma that Indigenous communities are dealing. This can create barriers to accessing community supports, housing and health care. A lot of these circumstances lead to negative interactions with the justice system and law enforcement.
Can you talk to us about the overrepresentation in the justice system and how to address it?
The overrepresentation of Indigenous Peoples has been a problem with the justice system since the beginnings of Canada. There is a lot of need to recognize the impacts of intergenerational trauma, so things like lower rates of education, higher rates of unemployment, higher rates of family separation and community displacement, just to name a few. Recognizing these circumstances as a starting point for a lot of these Indigenous clients is very important.
Why is it important for the courts to address this overrepresentation through things more culturally sensitive avenues like Indigenous Court or Mental Health Court?
Courts like these try to recognize a person’s background as much as possible to come to a fair decision on what happens with an Indigenous person in the justice system.
In Indigenous Court, for instance, they have an elder present, incorporate practices like smudging and the room is designed to be all on one level. Those types of aspects are important in giving voice to cultural practices of Indigenous people.
How do you approach supporting Indigenous clients as a lawyer — especially as someone who is not Indigenous?
I’ve done a lot of work and have a lot of experience of living in Indigenous communities, living in Nunavut and working in Mi’kmaq communities in Nova Scotia as well. A lot of it is being able to see where my Indigenous clients come from, what types of circumstances they are living in and what types of challenges they are dealing with.
In my work, I’m a bail lawyer so I represent about 10 to 12 clients a day and I have about 15 minute to relate to my clients, so that experience is invaluable. It leads to the ability to read witness or police statements and to be able to read between the lines and sometimes pick out inherent biases. Recognizing those things and giving a voice to that for the client really makes them feel validated and vindicated, and it helps you represent your client far more accurately.