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Hollow Water, Manitoba: An Explanatory Case Study of the Area, its Community, and the
Holistic Circle Healing Program
Honours Thesis
For the Bachelor of Arts in Criminal Justice
Department of Justice Studies

Morgan Huber

Research Supervisor:
Dr. D. Scharie Tavcer, Department of Justice Studies

Mount Royal University
April 2015

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Contents
Introduction .................................................................................................................................................. 4
Focus ......................................................................................................................................................... 4
Methodology................................................................................................................................................. 6
Case Study Analysis ................................................................................................................................... 6
Collection of Data...................................................................................................................................... 6
Limitations ................................................................................................................................................ 7
Theoretical Framework ................................................................................................................................. 8
Reintegrative Shaming .............................................................................................................................. 8
Restorative Justice .................................................................................................................................. 12
Literature Review ........................................................................................................................................ 14
Aboriginals and the Criminal Justice System .......................................................................................... 16
Colonization ............................................................................................................................................ 16
Residential Schools ................................................................................................................................. 17
Over-representation ............................................................................................................................... 20
The Gladue Decision ............................................................................................................................... 21
Aboriginal Representation in the Correctional Services of Canada ............................................................ 23
The Case of Hollow Water, Manitoba ......................................................................................................... 29
Qualification Criteria ............................................................................................................................... 33
Process for Admission to CHCH .............................................................................................................. 34
Impact and Outcome .................................................................................................................................. 40
Conclusion ................................................................................................................................................... 44
Discussion.................................................................................................................................................... 45
References .................................................................................................................................................. 47
Appendix A: Population Characteristics...................................................................................................... 53
Appendix B: Education Characteristics ....................................................................................................... 55
Appendix C: Workforce Characteristics ...................................................................................................... 56
Appendix D: Household and Dwelling Characteristics ................................................................................ 58
Appendix E: Income Characteristics............................................................................................................ 60

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Introduction
Hollow Water is a small reserve community in northern Manitoba, Canada. In 1984, a
Community Holistic Circle Healing (CHCH) program was started in partnership with
Correctional Service Canada (CSC) in order to combat such issues as sexual abuse, substance
abuse, and a variety of other criminal and social problems within the community. This honours
thesis will examine all aspects of the community of Hollow Water, the issues that led to the
implementation of the CHCH program, the program itself and the outcomes it has led to. This
honours thesis has also examined the cooperation between CSC and traditional Aboriginal
methods of healing that made such a program possible.
Focus
The focus of this honours thesis revolves around the over-representation of Canada’s
Aboriginal population in the criminal justice system compared with the rest of the population.
This honours thesis will examine some attempts to deal with this over-representation undertaken
by Corrections Services Canada, in particular, the Community Holistic Circle Healing (CHCH)
program at Hollow Water, Manitoba. In addition to addressing some of the causes of violent and
non-violent criminal behaviour among the population of Hollow Water, this honours thesis will
include an explanatory case study of the program implemented at Hollow Water from 1984 to
the present in an effort to address crime. The case study will attempt to arrive at some
conclusions that can be used in the future to address crime, its causes, and the many
consequences of Aboriginal overrepresentation within the Canadian criminal justice system.
Furthermore, this honours thesis will reflect on the successful approach undertaken at Hollow
Water and make recommendations for future correctional practices.

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Exploring this community and program is important in order to address issues of equality
and social justice, namely over-representation, among those in contact with Canada’s criminal
justice system. It provides us with insight into the restorative justice approach used to holistically
address the various crimes and corresponding causes and consequences that affected every
person in this community. This honours thesis also addresses the importance of incorporating
multi-cultural views on justice and healing into the existing and adversarial criminal justice
system in an effort to reduce over-representation and improve equality with regard to Canada’s
Aboriginal population.
There is not an abundance of research and review of the CHCH program or similar
programs and their impact on the over-representation Aboriginals within the Canadian justice
system, nor is there much written about the effects of such programs on recidivism rates of
offenders who have participated in them. This thesis is significant as it contributes to the existing
literature of Aboriginal justice and healing initiatives. The CHCH program at Hollow Water also
represents a successful co-operation between the court system, Correctional Services Canada and
the members of the Aboriginal healing community. It also represents a correctional approach
whereby a reduction in the rates of incarcerated Aboriginals is possible. Recidivism rates of the
offenders involved in the CHCH program are also offered in order to illustrate the success of the
program.

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Methodology
This honours thesis comprises a case study detailing the inner workings of the Hollow
Water reserve in Manitoba and its Community Holistic Circle Healing (CHCH) program. In
order to fully understand the unique aspects of human social life, it is necessary to do research
that differs in design from the forms undertaken in the scientific world (Neuman & Robson,
2009, p. 40). The thesis undertook a document analysis approach involving an interpretive
approach. An interpretive research approach hinges on the understanding of the way that human
beings interact with their surroundings (Neuman & Robson, 2009, p. 40). This approach involves
inductive reasoning and an idiographic method of explanation. This requires the researcher to
provide a comprehensive portrayal of all aspects of the research topic (Neuman & Robson, 2009,
p. 41).
Case Study Analysis
The case study portion of this honours thesis involved a longitudinal assessment of the
Community Holistic Circle Healing program in Hollow Water, Manitoba. The approach taken
was an explanatory case study entailing a full and detailed review of the inner workings of the
Hollow Water community and the CHCH program. An in-depth analysis of the CHCH program
and its ability to rehabilitate and reintegrate offenders was also included in an effort to evaluate
the effectiveness of the program. Conclusions are drawn from the analysis of Hollow Water’s
CHCH program to help inform future application of such community development and healing
programs.
Collection of Data
The collection of data for this honours thesis utilized a mixed methods approach.
Although the data collection largely centered on literature and document analysis, quantitative

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research methods were practiced in order to examine Aboriginal incarceration rates, offending
behavior, sentencing and recidivism of those offenders involved in the CHCH program. Data
was collected from academic literature, reports and analyses of the CHCH program by CSC, and
Canadian government data pertaining to Aboriginal offending and the Hollow Water community.
Limitations
Limitations to the chosen methodology include the time allotted to complete the research
project (eight months), the lack of a contact at Hollow Water and the fact that interviews were
not conducted with program participants and, therefore, individual opinions towards the CHCH
program and its effectiveness are not included.

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Theoretical Framework
This research project is supported by John Braithwaite’s theory of reintegrative shaming.
With its focus on interdependency, communitarianism, and shaming with the purpose of
reintegration into the community, the theory provides the basis for understanding the steps and
desired outcomes of the CHCH program.
Given that the research project aimed to explore the CHCH program rather than to
explain the criminal behavior that warranted such a program, the theory of reintegrative shaming
is quite complementary to the project. It helps us understand how and why such a program was
developed and how purposeful it fits with healing with a community. Moreover, reintegrative
shaming helps explain the basic framework of the program. It acts as a supplement in the
understanding of the foundational elements of the program and the reasons it was designed the
way it was. The general tenets of the theory also aid in the understanding of the success of the
program both with regard to the offenders involved and the community as a whole.
Reintegrative Shaming
In his book Crime, Shame and Reintegration (1989), John Braithwaite put forth a theory
of crime that aims to explain how shame can affect crime rates within any given community (p.
102). Using measurements of shame within different types of communities, Braithwaite (1989)
attempted to predict which communities will experience high crime rates, and which will
experience low crime rates (p. 98). The key concepts of reintegrative shaming are:
interdependency, communitarianism, shaming, reintegrative shaming, stigmatization and
criminal subcultures (Braithwaite, 1989, p. 100-101).

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Interdependency is described by Braithwaite as the “condition of individuals”, or their
attachment and bonding with others in their community. This attachment is measured both by the
degree to which an individual relies on others within the community to fulfill certain socially
approved objectives, and the degree to which others within society rely on the individual to
achieve those objectives (Braithwaite, 1989, p. 99-100).
Communitarianism is described as the “condition of societies” whose inhabitants rely
heavily upon one another and trust in one another in order to thrive. In this type of society,
dependency is not frowned upon, but rather celebrated. In such a society, the needs of the group
outweigh the needs of the individual (Braithwaite, 1989, p. 100).
Shaming, arguably the most important concept within this theory, refers to the practices
by which certain actions or behaviors are condemned, with the intent to make an offender feel
regretful about his/her actions or behaviors. Shaming differs from traditional justice-centered
notions of punishment in that it often takes place amongst the members of the community rather
than in a structured or institutionalized manner. Shaming is often used to denounce the actions of
an individual and to gain an understanding of why such actions were carried out in the first place
(Braithwaite, 1989, p. 100).
Reintegrative shaming refers to the aforementioned shaming techniques, but with the
intent of eventually reinstating the shamed individual back into the community. The goal is to
condemn the act but not define the offender as bad or deviant. Reintegrative shaming is a twostep process whereby the condemned act is shamed and more socially favourable behaviors and
actions are endorsed, followed by forgiveness and reintegration back into the mainstream
society.

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Braithwaite’s theory stresses a reliance on reintegrative shaming rather than
stigmatization. Shame and stigmatization differ because the shame period only lasts for a certain
period of time and, during the period of shame, the offender is not completely shunned from the
community but rather made to feel loved and valued throughout the process (Braithwaite, 1989,
p. 101). Shaming is a loving and respectful way of addressing deviant behavior. Attaching a
stigma to the offender and his/her deviant behavior is a “disrespectful” form of shaming that
often increases the likelihood of further deviant behavior (Braithwaite, 2000, p. 282).
Stigmatization refers to the same notions of shame, but in this case, there is no attempt at
reintegration back into the community after the shaming period has been carried out. The
offender does not return as a functioning member of society, but rather, the notion of deviance
becomes embedded and often consumes the offender leading to a continuation of the deviant
lifestyle (Braithwaite, 1989, p. 101).
Criminal subcultures are the result of stigmatization and the coming together of
individuals who have been cast out of their societies due to deviant or condemned behavior.
These criminal subcultures sustain criminal lifestyles and provide a place where such behavior is
the norm (Braithwaite, 1989, p. 101).
According to Braithwaite, shame is more effective at deterring future criminal behavior
because the gravity of social punishment outweighs that of traditional punitive measures
implemented by the criminal justice system. In other words, individuals care more about how
they are regarded in their own social circles and by those that matter to them rather than how
they are viewed in the eyes of the law or by members of the court and correctional systems
(Braithwaite, 2000, p. 287).

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Communitarianism and interdependency are the basis of this theory of reintegrative
shaming. If both concepts are not present at the same time in the same place, then reintegrative
shaming cannot be successful. A society cannot be communitarian if interdependency does not
thrive within the population of that community: “thus, a communitarian society combines a
dense network of individual interdependencies with strong cultural commitments to mutuality of
obligation” (Braithwaite, 1989, p. 85). Although Aboriginal justice practices existed long before
Braithwaite’s theory, this theoretical foundation appears to be the basis of the ceremonies and
correctional practices at Hollow Water.
Interdependency and communitarianism are achieved by CHCH as each participant in the
program relies on other participants and community members to support them throughout the
process. The entire community undergoes the healing process in one way or another which
strengthens the bonds and interconnectedness of the community as a whole (Native Counselling
Services of Alberta, 2001, p. 14).
Where CHCH is concerned, the offender meets with his or her victims and members of
the community in an effort to understand the full effects of his or her actions. The actions of the
offender are shamed but the process does not aim to attack the integrity of the individual or to
isolate the offender from the community by means of stigmatization. The CHCH process is one
of development and healing with the priority of restoring the community’s overall health and
balance. The needs of all individuals involved in the CHCH process are addressed in an effort to
restore harmony to the community and reintegrate those who have done wrong (Native
Counselling Services of Alberta, 2001, pp. 20-26).

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Restorative Justice
Restorative justice is a practice of justice that rests, not on the principles of denunciation,
deterrence and retribution, but on the principles of reparation to both the victim(s) of the crime
and the community within which the offence occurred, responsibility, acknowledgement of harm
done, and rehabilitation (Roach & Rudin, 2000, p. 363). In simpler terms, “restorative justice
aims to restore the well-being of victims, offenders and communities damaged by crime, and to
prevent further offending” (Liebmann, 2007, p. 25). The main principles of restorative justice are
as follows: accountability, communication, reparation, rehabilitation, reintegration, and support
for the victim(s) (Liebmann, 2007, p. 26).
Accountability revolves around the offender taking responsibility for his or her actions
and acknowledging that those actions were wrong. Simply serving time in a correctional facility
or being sentenced by other punitive means does not force the offender to think about the harm
they have caused. Restorative justice practices, however, encourage the offender to take
responsibility for his or her actions and to take steps toward making things right (Liebmann,
2007, p. 26).
Communication and interaction with the victim(s) and community is another important
facet of restorative justice. By uniting the victim(s) and offender, both sides have an opportunity
to better understand the situation and come to terms with the harm that has been caused. The
coming together of victim(s) and offender is often not feasible in traditional criminal justice
system proceedings, but, can be extremely beneficial to all involved parties (Liebmann, 2007, p.
26).

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In order for an offender to fully take responsibility for his or her actions, an attempt must
be made to repair the harm done to the victim(s). While this step includes an apology to all
harmed parties, it often involves some form of action on the part of the offender and the
community to reverse the damage. The necessary reparations are decided upon through
communication between the involved parties rather than through a judge in a courtroom
(Liebmann, 2007, p. 26-27).
One of the bonuses of the restorative justice approach is that the offender actually gains
an understanding of just how his or her actions have impacted the victim(s) and community. This
realization can have a profound effect on the rehabilitation of the offender. It must also be noted
though, that there are sometimes outside circumstances surrounding offending behavior such as
substance abuse, which must be simultaneously dealt with within the community and the
community must have access to the means to achieve a solution for these circumstances
(Liebmann, 2007, p. 27).
Reintegration is another crucial aspect of restorative justice. Whether a prison sentence is
involved or not, the offender needs to be reintegrated into society in order to become a
functioning member of that society again. It is also important that the victim(s) is made to feel as
though they too fit into their community, rather than being stigmatized by the offence committed
against them (Liebmann, 2007, p. 27).
Throughout the entire process support and healing for the victim are emphasized. When
an offender is dealt with in a punitive manner, the needs and concerns of the victim are often
pushed aside and not addressed. The overarching aim of restorative justice approach is to
include the victim in every aspect of the restoration process (Liebmann, 2007, p. 26).

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Literature Review
The relationship between the Canadian criminal justice system and Canada's Aboriginal
population is one of much contention and debate. Throughout Canada, both where offending and
victimization are concerned, Aboriginals are vastly over-represented within these categories.
Contact with the criminal justice and correctional systems are disproportionate when compared
to non-Aboriginals in these categories. With respect to victimization, the 2004 General Social
Survey found that Aboriginal people were three times more likely to be victims of violent crime
than non-Aboriginal people and 40 percent of Aboriginal people had reported being a victim of
crime compared with 28 percent of non-Aboriginal people (Scrim, 2010, p. 15).
Problems began with the colonization of Canada's Aboriginal people and those
consequences have continued to grow over the decades impacting generations. With the attempts
made by the Canadian government at forced assimilation and cultural genocide through
provisions laid out in the Indian Act and methods such as residential schools, Aboriginal
populations have suffered immensely. The Indian Act defined who was an Aboriginal, the
cultural practices that Aboriginal populations were and were not permitted to perform, who
Aboriginal people could marry while still keeping their status and where Aboriginal people were
permitted to go (i.e. on and off reserve). The residential school system was implemented with the
purpose of committing cultural genocide by taking Aboriginal children away from their families
and communities, forbidding them to speak their native languages or participate in cultural
practices, and indoctrinating them with Catholic and Christian belief systems. This created a
generation of children who were not parented and who, in turn, did not know how to parent their
own children (Kubik, Bourassa & Hampton, 2009, pp, 21-22). Residential school survivors often

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turned to drug and alcohol abuse in an effort to deal with residual feelings of shame, anger and
guilt. This destructive behavior has trickled down to future generations.
That being said, there are several policies, programs and initiatives in place within
Canada's criminal justice and correctional systems that aim to incorporate traditional Aboriginal
practices of justice and healing in an effort to address this over-representation. One such program
developed by CSC is the In Search of your Warrior (ISOYW) program.
ISOYW is an intensive program designed for Aboriginal men who have a history of
violent behavior or who have been convicted of violent offences in Canada (LaBoucane-Benson,
2009, p. 159). The program takes a holistic approach to healing and focuses on an understanding
of what caused the violent behavior to develop within the offender (LaBoucane-Benson, 2009, p.
169). Offenders who partake in the program participate in a series of sessions and traditional
ceremonies over a period of time ranging from six to 13 weeks (Trevethan, Moore & Allegri,
2005, p.5). The ISOYW program is delivered in a number of federal correctional facilities across
Canada (Trevethan, Moore &Allegri, 2005, p. 5).
The ISOYW program has been fairly successful in reintegrating Aboriginal offenders
into their communities upon their release from prison (Trevethan, Moore, & Allegri, 2005, p.
29). That being said, it is important to recognize that the ISOYW program is often delivered once
an offender has been convicted of an offence and is sent to prison. The drawback to these types
of programs is that they focus on healing after an individual has already come into contact with
the criminal justice system. Rather than being preventative in nature, correctional programs that
take place in correctional institutions can only attempt to heal the offender after he or she has
already landed in prison.

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The Community Holistic Circle Healing (CHCH) Program at Hollow Water, Manitoba is
an example of a community based correctional program that reaches all members of the
community. Given that it is important to view the CHCH through both an historical and an
analytical lens, this study will begin with an historical overview of Canada's relationship with the
Aboriginal population. This case study will include an analysis of the CHCH Program at Hollow
Water and its outcomes and effects in an effort to better understand why it is necessary for the
Canadian correctional system to work together with Aboriginal communities and to summarize
best practices.
Aboriginals and the Criminal Justice System
In Canada, Aboriginal people account for approximately three percent of the overall
population but make up nearly twenty percent of provincially and federally incarcerated inmates
(O’Grady, 2011, p. 159). Manitoba has a total population of just over 1.1 million people and a
population of status Aboriginals of just over 110 000 (see Appendix A: Population
Characteristics). Moreover, Aboriginal people comprise more than half (59%) of Manitoba’s
incarcerated population (Menzies, 2009, p. 299). Furthermore, it should be noted that less than
one percent of the judges and lawyers within the Canadian criminal justice system are of
Aboriginal descent (King & Winterdyk, 2010, p. 57).
Colonization
The Indian Act of 1867 defined an Indian as any man of Aboriginal decent belonging to a
certain band. It was through this definition and the various subsequent Acts concerning
Aboriginals that Canada systematically disempowered and criminalized its Aboriginal people
(Kubik, Bourassa & Hampton, 2009, pp 21-22). Many laws were passed, including those under
the Indian Act, in an effort to control and subjugate Canada’s Aboriginal populations. This

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regulatory discrimination included laws that made it illegal for a resident of a reserve to leave
that reserve without permission from the Indian Agent in charge, that prohibited Aboriginal
people from making any attempt to file a law suit against the Canadian government in order to
enforce any type of right, that did not permit status Indians to vote in federal elections up until
1960 and laws that outlawed many traditional Aboriginal ceremonies (Ross, 2014, pp. 79-80).
As McKaskill (1983) states,
Colonialism involves a relationship which leaves one side dependent on the other to
define the world. At the individual level, colonialism involves a situation in which one
individual is forced to relate to another on terms unilaterally defined by the other. (as
cited in Menzies, 2009, p. 296)
Colonialism has had an immense impact on how Aboriginal people have come to be viewed and
dealt with within present day Canadian society. Poverty, unemployment, under education and
substance abuse all stem from colonialist practices that fully intended to create a society where
Aboriginal people had no place and no power. The current state of Canadian Aboriginal life is
not some sort of new phenomenon, but rather, can be directly linked back to colonialism
(Menzies, 2009, p. 296). It was through the assimilation attempts of early colonizers that the
lives of Canada’s Aboriginal people came to be fixed in a system of social inequality and the
over-representation of Aboriginal people in every aspect of our justice system is a blatant
example of the repercussions of such policies (Menzies, 2009, p. 299).
Residential Schools
One of the ways that the Canadian government attempted to push its assimilationist
agenda onto the Aboriginal population was through the use of programs and policies that were

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designed to undermine the work of traditional Aboriginal institutions, delete their language, force
their conversion to Catholic and Christian religions, and indoctrinate Aboriginal people to ensure
complete assimilation (Menzies, 2009, p. 299). One such program was the notorious residential
school system (Menzies, 2009, p. 301). The forceful removal of Aboriginal children from the
care of their parents in an attempt at cultural assimilation created long reaching issues that are
still being dealt with generations later (Corrado, Kuehn, & Margaritescu, 2014, p. 43). These
issues are often considered symptoms of Post-Traumatic Stress Disorder and include: drug and
alcohol abuse, withdrawal and the refusal to talk about the abuse suffered at residential schools,
depression, high rates of suicide and self-harm, lack of coping skills, shame and anger (Ross,
2014, p. 117).
The forced cultural immersion and abuse that took place in these schools coupled with
the loss of family, language, culture and traditions have created a legacy of pain, brokenness and
dysfunctional communities (Ross, 2014, pp. 95-96). The aftereffects of the residential school did
not only impact those who attended the schools, but continue to shape every aspect of Aboriginal
life today (Bracken, Deane, & Morrisette, 2009, p. 67). As Wesley-Esquimaux and Smolewski
(2004) put it,
The historical trauma that affected Aboriginal people in North America did not stop with
the epidemics. It did not stop with the invaders taking away Aboriginal lands. It did not
stop with the missionaries taking away Aboriginal belief systems. Another type of
cultural genocide was attempted from the 1880s to 1950s—the period known as the
residential school era. Much has already been written about this new brutal form of
colonial control. To summarize briefly: First Nation children were removed from their
families and sent to schools operated by missionaries and later by the Government of

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Canada. The forceful removal of children from their families was, at that time, a lawful
governmental practice intended to destroy Aboriginal social and cultural identity. (as
cited in Bracken et al., 2009, p. 67)
The children then returned home as adults but no longer fit in. They could no longer
speak the languages of their communities or Elders. Those individuals who experienced
residential schools were not parented and when they began to have their own children, they did
not know how to parent them (Ross, 2014, p. 160). Substance abuse was often used by
residential school survivors as a means to deal with feelings of shame, anger, and pain stemming
from their experiences in the residential schools. Substance abuse was also used to combat
feelings of loneliness and isolation in those individuals who returned to their communities but no
longer felt as though they fit in or belonged there (Ross, 2014, pp. 148-149).
Wesley-Esquimaux and Smolewski (2004) also point out that the effects and
consequences of residential schools are important factors in the systemic inequality and
discrimination Aboriginal people face in Canadian society today because they have become
engrained in the social and cultural context of Aboriginal life (as cited in Bracken et al., 2009, p.
68). Residential schools were places of bodily, spiritual and cultural abuse and the Canadian
government has yet to fully recognize the far reaching effects of such thorough abuse. Until
Canada’s social and political institutions begin to realize and acknowledge the long-term effects
of residential schools, Aboriginal people will continue to be marginalized and re-victimized
(Roach, 2014, p. 571).

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Over-representation
It is noteworthy that the western provinces (British Columbia, Alberta, Saskatchewan, Manitoba
and Ontario) have a much higher over-representation rate in their provincial institutions than do
the eastern provinces (Quebec, Nova Scotia, Newfoundland and Prince Edward Island). The
highest rate of over-representation in the west is found in Saskatchewan with an Aboriginal
incarceration rate that is ten times the rate that would be projected based on the provincial
Aboriginal population. Nova Scotia and New Brunswick weigh in with around two percent
higher than expected Aboriginal incarceration rates, while Quebec and Prince Edward Island
have proportional numbers of Aboriginals in their institutions when compared to their respective
provincial populations (LaPrairie, 2002, pp. 185-186). In the west, the majority of offences
committed by Aboriginal people happened away from a reserve, while in the east, the majority of
offences were committed on a reserve (LaPrairie, 2002, p. 187)
Since 1967, a multitude of reports have been commissioned by various Canadian
governments to address the issue of Aboriginal over-representation in the justice system
(Monture-Okanee, 1995). The 1999 Supreme Court of Canada case R v. Gladue was instrumental
in addressing and providing for possible solutions to the issue of Aboriginal over-representation
in the Canadian justice system to reduce the numbers of incarcerated individuals (April &
Magrinelli Orsi, 2013, p. 1). In Gladue, the Supreme Court of Canada recognized this overrepresentation and attributed it to a number of societal factors. These factors include substance
abuse, low income, unemployment and low levels of education. Given that sentencing judges
have the responsibility to issue sentences in a correctional facility, and that these methods of
sentencing (i.e. incarceration) have proven not effective in addressing the needs and causes of
Aboriginal offending, the Supreme Court of Canada underscored the importance of incorporating

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community and other sanctions that also contribute to the principles of sentencing: denunciation;
deterrence; and reintegration (Roach & Rudin, 2000, p. 358-359).
The Gladue Decision
In its landmark 1999 decision, the Supreme Court of Canada rendered an interpretation of
s. 718.2(e) of the Criminal Code of Canada. As s. 718.2(e) states,
“all available sanctions other than imprisonment that are reasonable in the circumstances
should be considered for all offenders, with particular attention to the circumstances of
Aboriginal offenders” (Martin’s Annual Criminal Code, 2012).
The Supreme Court recognized that the over-representation of Aboriginal people within the
Canadian justice system is a direct result of systemic discrimination and inequality (Welsh &
Ogloff, 2008, p. 494). In the interpretation, emphasis was placed on the remedial and restorative
aims of s. 718 (Roach & Rudin, 2000, p. 358). Further, it was made clear that the circumstances
of all Aboriginal offenders were to be considered at the time of sentencing, not just those of
Aboriginals residing on reserves (Roach & Rudin, 2000, p. 356). Prior to Gladue, judicial and
political analysis of Bill C-41 was not focused on the changes made to s. 718 of the Criminal
Code of Canada with regard to sentencing. The Gladue decision brought to light the importance
of these changes (Roach & Rudin, 2000, p. 362).
In other words, the Supreme Court of Canada recognized that something had to be done
in order to restore the state of Aboriginal people and communities in Canada. The negative
effects of colonization on Canada’s Aboriginal population were recognized, as was the greater
propensity for criminal behavior caused by these negative effects. The changes made to s. 718 of
the Criminal Code of Canada allowed for judicial decisions to be made on a specific, case-by-

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case basis while also attempting to ensure greater emphasis would be placed on non-carceral,
restorative justice practices rather than carceral sentences based in punishment and retribution.
In its decision, the Supreme Court reasoned that, in some cases, a sentence served in the
community has the possibility of being even more trying for the offender than a custodial
sentence given the aspects of shame, acknowledgement and personal responsibility and
accountability that are present in a restorative justice based approach to sentencing (Roach &
Rudin, 2000, p. 234-235).
Although the number of Aboriginal people housed in correctional institutions decreased
after the introduction of Bill C-41 and the Supreme Court’s decision of Gladue, the number of
offenders dealt with by means non-carceral sentences increased more than the decrease in use of
incarceration (Renwick, 2008, p. 230). The 1999 Supreme Court decision of Gladue seemed like
a promising move toward better equality within the Canadian justice system but, almost fifteen
years later, Canada has yet to see significant reduction with regard to Aboriginal overrepresentation in the justice system (Rudin, 2013, p. 354).

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Aboriginal Representation in the Correctional Services of Canada
Up until the 1960s, the population of Aboriginal inmates in federal corrections was
actually underrepresented compared to their numbers in society, at least in federal facilities
(Office of the Correctional Investigator, 2012, p.11). Since the problem of Aboriginal overrepresentation began to arise in the 1970s, several initiatives and practices have been adopted in
an attempt to curb recidivism and further Aboriginal encounters with the criminal justice system
Office of the Correctional Investigator, 2012 p. 11).
During the 1975 National Conference on Native Peoples and the Criminal Justice System
in Edmonton, Alberta it became clear that, among other things, it was explicitly necessary for
Aboriginal communities to be more involved in the correctional process of Aboriginal offenders
(Office of the Correctional Investigator, 2012, p. 12). In 1988, the Task Force on Aboriginal
Peoples in Federal Corrections agreed that legislation needed to be enacted to ensure Aboriginal
people more control over corrections (Office of the Correctional Investigator, 2012, p. 12). In
1991, the Aboriginal Justice Inquiry of Manitoba asserted that the foundational principles of the
criminal justice system did not apply to Aboriginal values or culture and concluded that
Aboriginal communities be allowed to supervise Aboriginal offenders within an Aboriginalcentered justice system. The Law Reform Commission of Canada agreed, denouncing the
homogeneity assumed between offenders by the current Canadian justice system and
recommending an Aboriginal controlled justice system that conforms to Aboriginal values and
beliefs with correctional programs and facilities set up in their own communities (Office of the
Correctional Investigator, 2012, p. 12). Finally, in its 1995 report, the Royal Commission on
Aboriginal People found that “the justice system has failed Aboriginal peoples” and reinforced

24

the idea that programs and facilities that cater to Aboriginal values and needs are a necessity for
the Canadian justice system (Office of the Correctional Investigator, 2012, p. 12).
The Corrections and Conditional Release Act (CCRA) was enacted in 1992 with the
intent of:
contributing to the maintenance of a just, peaceful and safe society by: (a) carrying out
sentences imposed by courts through the safe and humane custody and supervision of
offenders; and, (b) assisting the rehabilitation of offenders and their reintegration into the
community as law-abiding citizens through the provision of programs in penitentiaries
and in the community. The principles guiding the CCRA during the period covered by
this investigation include: (a) the protection of society be the paramount consideration in
the corrections process; (b) the Correctional Service of Canada use the least restrictive
measures consistent with the protection of the public, staff members and offenders; and
(c) correctional policies, programs and practices respect gender, ethnic, cultural and
linguistic differences and be responsive to the special needs of women and Aboriginal
peoples, as well as to the needs of other groups of offenders with special requirements”.
(Office of the Correctional Investigator, 2012, p. 8)
In other words, while public safety is imperative in correctional practices, the needs of both
society and offenders are to be considered when deciding upon the most effective correctional
method. The unique needs of Aboriginal offenders and communities are to be taken into account
by correctional authorities. Rehabilitation and reintegration should be emphasized in a culturally
relevant way.

25

There are some sections of the CCRA that specifically address the treatment of
Aboriginal offenders under correctional care. Section 81 gives Aboriginal communities the
ability to be involved in an offender’s correctional care during any time that they wish to do so
(Office of the Correctional Investigator, 2012, p. 9). It reads as follows:
81. (1) The Minister, or a person authorized by the Minister, may enter into an agreement
with an aboriginal community for the provision of correctional services to aboriginal
offenders and for payment by the Minister, or by a person authorized by the Minister, in
respect of the provision of those services.
(2) Notwithstanding subsection (1), an agreement entered into under that subsection may
provide for the provision of correctional services to a non-aboriginal offender.
(3) In accordance with any agreement entered into under subsection (1), the
Commissioner may transfer an offender to the care and custody of an aboriginal
community, with the consent of the offender and of the aboriginal community.
According to Mann (2009), the reasons as to why Canada’s Aboriginal population is
more likely to come into contact with the justice and correctional systems can be related to a
variety of factors. These factors include physical and sexual abuse, drug and alcohol abuse,
poverty, and longstanding social and relational problems stemming from experiences in the
residential school system (p. 4). It is also important to note that Canada’s Aboriginal population
has a higher rate of growth than non-Aboriginal populations and is, on average, much younger
than the rest of the Canadian population (Mann, 2009, p. 5). Due to these factors, Aboriginal
over-representation in the correctional system is getting higher rather than lower (Mann, 2009, p.

26

6). This will undoubtedly have far-reaching impacts that CSC will have to tackle in the coming
years.
Differences between Aboriginal offenders and non-Aboriginal offenders include family
background, cultural differences and geographical differences. Aboriginal people from northern
or more remote areas of Canada often have a more trying time in a correctional institution than
do Aboriginal offenders from urban areas (LaPrairie, 1996, p.36). A high rate of (28%)
Aboriginal offenders are incarcerated for some type of sex offence (LaPrairie, 1996, p. 40).
Programming received by Aboriginal offenders while in the custody of CSC is more
likely to be effective if the programs involve a higher degree of community support and
interaction. This is due, in part, to the increased stability and acceptance that the offender feels
after release (LaPrairie, 1996, p. 75).
A holistic correctional method is necessary in order to understand and correct Aboriginal
offending. These methods must focus on healing in a culturally meaningful way if the overrepresentation of Aboriginal people in the Canadian correctional system is to be resolved (Mann,
2009, p. 6). Healing programs and initiatives headed by Aboriginal communities began to gain
popularity around the 1980s (Solicitor General Canada & the Aboriginal Healing Foundation,
2002, p. 4). Healing takes place both at the level of the individual and the community and can be
described as a restoration process where the individuals and communities gradually move toward
wholeness and well-being (Solicitor General Canada & the Aboriginal Healing Foundation,
2002, p. 44).
Community development utilizes the existing strengths of all members of the community
in question in the process of healing and change (Community Development, 1994, p. 7). Three

27

central premises are present in community development; the community learns together how to
grow and change in the ways it deems necessary for the success of the community, the
community relies on what it knows about the past and the present in order to inform future
changes, and, most importantly, the awareness that the entire community must be involved in the
process (Community Development, 1994, p. 8). It is imperative that government stakeholders in
the criminal justice system engage in a partnership with the community. This partnership must
involve an element of support and the willingness to participate in, and learn from the
community and its particular process (Community Development, 1994, p. 9).
The CHCH program at Hollow Water is an example of a community-based healing
model and was undertaken as a joint initiative between CSC and the local community. The
program is funded by both the Government of Canada and the Government of Manitoba
(Correctional Service Canada, 2001, p. 25). The CHCH was conceived and developed, in part,
because the Canadian criminal justice system recognized the community-based process as more
culturally relevant and better suited to meet the needs of Aboriginal offenders (Community
Development, 1994, p. 14).
Although many promising programs and initiatives have been adopted by CSC in an
attempt to deal with Aboriginal offenders’ recidivism and reduce their over-representation within
the justice and correctional systems, significant positive effects are yet to be seen (Mann, 2009,
p. 12). That is to say that the over-representation of Aboriginal populations within the Canadian
criminal justice and correctional systems have yet to be successfully resolved.
Access to programs is one of the largest hindrances facing the Aboriginal population
under correctional care. Many programs have been designed and implemented as a coordinated

28

effort between CSC and Aboriginal communities, however, such programs must be made
available throughout the nation before significant improvement is observed (Mann, 2009, p. 14).

29

The Case of Hollow Water, Manitoba
The Hollow Water reserve lies roughly 190 kilometers north of Winnipeg, Manitoba and
occupies 4000 hectares of land. Given its prairie location, much of the infrastructure of the
reserve stems from fishing, hunting, trapping, logging, construction and harvesting. It is an
Ojibwe speaking area with a registered population of just over 1700 people and an on reserve
population of just over 1000 residents (See Appendix A: Population Characteristics). Hollow
Water’s population is very young, with low education and low employment rates (See Appendix
A: Population Characteristics; Appendix B: Education Characteristics; and Appendix C:
Workforce Characteristics). The area of Manitoba that Hollow Water lies in is a predominantly
Aboriginal area with three neighbouring Metis communities: Manigotogan, Aghaming and
Seymourville (Bushie, 1999, para. 1).
The residences at Hollow Water are largely old, being built before 2001, and rundown.
Many require major repairs. The median household income at Hollow Water is just over
$36, 000 with an average personal income of just over $21,000 (See Appendix D: Household and
Dwelling Characteristics; and Appendix E: Income Characteristics).
The Community Holistic Circle Healing program at Hollow Water was conceived by a
resource team of volunteers, political leaders and service providers from any agencies operating
in the area after an investigation into the issues facing Hollow Water’s young people undertaken
in 1984 (Solicitor General Canada & the Aboriginal Healing Foundation, 2002, p. 27). CHCH is
mainly used to address sexual offending, however, offenders who committed other types of
crime have also been participants in the process. These other types of crime include assault, theft,
break and enter, gross indecency and second degree murder (Native Counselling Services of
Alberta, 2001, pp. 137-140).

30

The main societal issues addressed by CHCH include crime, substance abuse and suicide.
In order to understand the causes of these issues, the family histories of the young people were
examined (Ross, 1993, p. 243). The resource team was comprised to work on healing and
development within the community of Hollow Water and its surrounding communities (Bushie,
1999, para. 2).
The resource group was formed on the basis that it would fulfill two fundamental roles
within the community. The first role of the resource group is to provide support and guidance to
those individuals who desire to embark on a journey of healing. The resource group includes
many community members who are in the process of undergoing their own healing journeys and
their main role is to assist other community members to do the same. The aim of this first role is
to ensure Hollow Water and its surrounding communities are safe and healthy for future
generations (Bushie, 1999, para. 2).
The second role the resource group is to fulfill is the implementation of the program
across all facets of the community. This includes healthcare, politics, the education system, the
economic realm and spiritual and religious areas. If the program is integrated into every area of
daily life in the community, a long term development process can begin to take hold (Bushie,
1999, para. 2).
During the mid-1980s, there were many, many societal issues the community was facing;
alcohol and drug abuse was rampant as alcoholism was widely used as a mechanism to deal with
anger, pain and problematic behavioral issues. Unemployment was high and it seemed to be
agreed upon that children needed to be educated in their own culture in order to help alleviate
some of the criminal and social problems they were facing. Even though many members of the

31

resource group had been personally affected by sexual abuse, it was not talked about openly
within the community. The first disclosure of sexual abuse came in 1986, two years after the
resources team was formed (Bushie, 1999, para. 3).
In order for the community of Hollow Water to succeed in economic and political realms,
it was recognized that there was a lot of personal healing needed within the community. The
resource group then began to communicate with other groups in North America dealing with
similar issues. From there, a training program was set up, referred to as S.A.F.E. (SelfAwareness for Everyone). This program was modelled after the New Directions training from
Alkali Lake. The newly implemented program led to a large number of abuse disclosures from
members of the community (Bushie, 1999, para. 4).
These disclosures highlighted the difference between how the criminal justice system
deals with offenders and what the community needed in order to heal. The goal was to negotiate
a relationship with all agencies involved in dealing with sexual abuse including: child protection
workers, police, the courts, judges, mental health workers, victims, victims’ families, offenders,
offenders’ family and other community members (Bushie, 1999, para. 6). This newly formed
cooperation would develop a method of how to proceed with dealing with disclosures by the
courts in an effort to aid in the healing process. A basic system was created and later refined:
Community Holistic Circle Healing (Bushie, 1999, para. 7).
CHCH is based on the Seven Sacred Teachings of the Anishnabe culture. This is what the
whole process is centered around. These Teachings include the following elements which were
retrieved from the Native Counselling Services of Alberta (2001):

32

Courage - To face responsibility of one's actions; to seek forgiveness; to say "I'm sorry".
Knowledge - Before one becomes an Elder with wisdom, one must have knowledge. One
must understand the Creation Story, what it means to be Anishnabe and the full meaning
of the Seven Sacred Teachings. It is through spiritual knowledge and purity of spirit that
our ancestors “knew” what would be happening to our youth today. It is necessary to
know what knowledge must be given to enable the Aboriginal person to be proud of
his/her identity/heritage.
Respect - We do not gossip about others; when an Elder or community member dies, and
children are home from school, they show respect by supporting the family in need. It is
not a free day off. People are different. Respect their differences. There isn't only one
way of doing things. Honor your Elders. Speak with gratitude about them. Respect
Mother Earth who gives freely of her land and is saddened when cigarette butts, pop
cans, paper is strewn on her soil. Respect your wife/husband/family.
Honesty - To know that honesty frees one, lightens the burden. Be honest with yourself,
your family, and your people. Do not tell lies to protect yourself. Sometimes it requires
great bravery to be honest. Focus on the bravery, on honesty.
Humility - Know that you are a sacred part of creation, and that creation is vast. You are
a magnificent part of the whole. Respect and love your wonderful creation, your gifts, but
be humble. Don't let your ego rule. Attempt to achieve egolessness. You will become
pure and spiritual as a result.
Love - When you express love, you draw in all the good in your life. Your energy is
clearer. To know love is to release your desires to the love of the Creator. If you see love

33

in others, and do not judge, you will have peace. For you will have a deeper
understanding of the people with whom you interact; you will see them through love, and
will credit them with being who they are at this particular point in time.
Truth - Truth is to know all of the above, and to be at peace. (p. 26)
CHCH has a deep spiritual core which sets it apart from mainstream justice and
corrections initiatives. Unlike traditional justice practices, CHCH involves the victim, offender,
and the families of both along with other members of the community. The aim is to restore peace
and balance to the community as a whole.
These Teachings all refer to the need for accountability, apology and respect for one’s
self and everything and everyone surrounding the individual in the healing process. The
Teachings underline the importance of embracing cultural differences and traditions in an effort
to better understand one’s self and their community members. The importance of spirituality and
the ability to understand circumstances and situations from the perspectives of others are also
paramount to the Teachings. It is the practice of these seven Teachings that forms the basis for
the CHCH program and allows for its successful restoration of health and balance to the
community upon completion of the process.
Qualification Criteria
After an offender must admit to the crimes he or she has committed and be willing and
eager to go through the program rather than the adversarial justice system in order to be
considered for CHCH. Once accepted into the program, the offender must embrace the healing
process and charges laid against him or her. The offender must also plead guilty to the criminal
charges at the earliest opportunity possible (Ross, 1993, p. 244). The support team then asks the

34

courts to defer sentencing for a minimum of four months in order to ensure the sincerity of the
offender’s wishes to be involved in the healing process through the 3 steps outlined below
(Bushie, 1999, para. 10). Probation orders for offenders involved in the CHCH program include
mandatory conditions that are personalized to the offender and an agreement to cooperate fully
with the healing process (Ross, 1993, p. 244-245). It is important to note that the victims are
involved throughout all stages of the process either through liaison with a member of the
resource team or through participation in the healing circles (Ross, 1993, p. 245). Ultimately, this
is the beginning of a long process of healing (it may take anywhere from 2-5 years), the goal of
which is to conclude the program when reconciliation and restitution are reached (Bushie, 1999,
para. 10).
Process for Admission to CHCH
Step 1: An intervention team (CHCH members, child & family services, band constable)
is implemented to conduct an investigation into the situation and the circumstances surrounding
it. A record is then made of the victim’s account of the abuse. Throughout this step, the victim’s
safety and wellbeing is ensured through the presence of reliable and trustworthy community
members and members of the resource team (Bushie, 1999, para. 7).
Step 2: Once the facts of the abuse have been determined, the offender is confronted and
charged. Both the law and community intervention are used in an effort to encourage the
offender to take responsibility for his or her abusive behaviour and the offender is consulted to
determine if he or she desires to participate in the CHCH process. If the offender wishes to take
part in the healing process, he or she must plead guilty to the charges laid, at which point, he or
she is sentenced to probation. The conditions of the probation include mandatory and full
cooperation with the CHCH process. If the offender refuses to plead guilty to the charges, or if

35

the offender does not wish to participate in the CHCH process, he or she will be dealt with by
means of the traditional court and correctional systems (Bushie, 1999, para. 8).
Step 3: After the offender has expressed a desire to complete the CHCH process, an
assessment is completed to ensure the sincerity of the offender’s desire. The assessment lasts a
minimum of four months during which the offender must show that he or she understands the
impact and consequences of the offending behaviour. This is determined through the use of four
circles (Bushie, 1999, para. 9).
In the first circle the offender must recount his or her abusive behaviour. This stage often
takes quite some time to complete as it can be difficult for the offender to offer specific detail
regarding the offence. During this stage, the offender is required to meet on a weekly basis with
a sexual abuse counsellor and, at times, a psychologist (Bushie, 1999, para. 10).
The second, third and fourth circles also requires the offender to admit to the abuse that has
been committed. The second circle includes the offender’s nuclear family, the third circle
includes the offender’s extended family, and the fourth circle includes and members of the
community who wish to be present. If the offender successfully completes all of these circles, his
or her commitment to the CHCH process is deemed sincere and the rest of the process is carried
out (Bushie, 1999, para. 11).

36

The complete CHCH healing process includes a total of thirteen steps retrieved from the
Native Counselling Services of Alberta (2001):
1) Disclosure
2) Protecting the Victim/Child
3) Confronting the Victimizer
4) Assisting the Spouse
5) Assisting the Family/ies/the Community
6) Meeting of assessment team/RCMP/Crown
7) Victimizer must Admit and Accept Responsibility
8) Preparation of the Victimizer
9) Preparation of the Victim(s)
10) Preparation of All the Families
11) The Special Gathering
12) The Healing Contract is Implemented
13) The Cleansing Ceremony (pp. 91-101)
Each of these 13 steps adapts to the specific circumstances of the case in question and
evolves through the process of learning undertaken by the CHCH staff. Each case of abuse is
distinct in its own way and the steps of the CHCH must be flexible enough to meet the needs of
everyone involved. This includes the offenders, victims, the families of both the offender and the
victim and the staff involved with the CHCH (Native Counselling Services of Alberta, 2001, p.
91).
Disclosures occur when the resource team becomes aware of abuse that has occurred. Abuse
disclosures take place as the result of a member of the community coming forward to alert the
resource team of abuse. Anyone from the community can make disclosures, including the victim
or the offender. After disclosure occurs, all individuals involved with the abuse are contacted in

37

order to gain insight into the details surrounding the abuse and a strategy is devised as to how to
most effectively commence with the healing process. This is the stage where the police are first
contacted.
Throughout the process the safety of the victim (whether child or adult) is the priority. The
second step involves assuring that the victim has the support that he or she needs to move
forward in the healing process. This includes ensuring that the victim has a safe place to stay
where he or she will be safe. Child and Family Services is involved in this step in an effort to
assure the victim’s needs are being met.
The third step involves informing the offender of the disclosure if he or she is not already
aware and ensuring that the offender understands what will happen throughout the rest of the
healing process. While it is imperative that the offender receive support throughout this step to
minimize the risk of the offender becoming harmful to him or herself or to others, it is also
important that the offender be made aware of the severity of the situation. The roles of the court
system as well as the community throughout the rest of the healing process are explained to the
offender. Further, any needs that the offender may have are outlined in this step (mental health,
substance abuse, etc.).
The fourth step mimics the third, but with the offender’s spouse. The spouse is informed of
all that has happened since the disclosure and is made aware of the steps and agencies involved
in the healing process. The step provides the spouse of the offender with a support network
offender that will be available to answer and address any question or concerns he or she may
have.

38

The fifth step is similar to the third and fourth steps, but includes the families of the victim
and the offender as well as the community as a whole. The victim and offender are almost
always both members of the Hollow Water community. It is also common for the victim and
offender to be from the same family (immediate or extended) and so, this step provides all
individuals who have been affected by the abuse and subsequent disclosure to begin the healing
process together.
The sixth step involves a conversation between the resource team, the police and the Crown.
After all of the information that has been gathered through conversations with the offender, the
victim, their families and the community has been discussed, the course of action to resolve the
abuse situation is decided upon. This step determines whether the offender will be dealt with
through the court system or through the CHCH program. The resource team, police and Crown
then draft a Healing Contract that will be presented to the offender (Native Counselling Services
of Alberta, 2001, p. 95).
The seventh step involves the offender taking responsibility for his or her actions. The
offender must admit to what he or she has done and hold him or herself accountable for the
abusive actions. If the offender wishes to proceed with the CHCH program, this is the step where
he or she must agree to certain conditions that are outlined in the Healing Contract previously
agreed upon by the resource team, the police and the Crown.
The eighth step involves a meeting between the offender, the victim, their families and
members of the resource team. All involved parties will be given an explanation of what has
happened and what will happen as the healing process moves forward. This includes a discussion
of the requirements of the offender throughout the healing process.

39

The ninth step is similar to the eighth step, but with the victim. The victim must indicate
what she or he is willing to do to aid in the healing process.
The 10th step mimics the eighth and ninth steps, but includes any family members of the
victim or offender who have been selected to take place in the healing process.
The Special Gathering occurs in step 11. This is the most arduous step of the process. The
Special Gathering takes place in the form of a circle with the offender, the victim, and members
from both of their families present. The details regarding the abuse are outlined, and the offender
must publicly admit his or her guilt and take responsibility for his or her actions. All other
individuals present at the ceremony have the opportunity to speak in the circle should they so
desire. The Healing Contract that was drafted in step 6 is presented to the circle as they must
agree with and support its conditions if the healing process is to be successful. The Healing
Contract contains elements of punishment, as well as treatment for the offender and conditions to
minimize the possibility of continued abuse (Native Counselling Services of Alberta, 2001, p.
100).
During step 12, the offender carries out and completes the Healing Contract. If the offender
breaks any of the conditions of his or her Healing Contract during this step, the CHCH program
will be discontinued and the offender will be dealt with through the traditional court system.
The final step of the process occurs at the cleansing ceremony. It often takes years to move
through all of the steps included in the CHCH program, and step 13 takes place in the form of a
community wide celebration. The community comes together to celebrate the completion of the
CHCH program for the offender.

40

Impact and Outcome
The CHCH process at Hollow Water has been extremely beneficial in a number of ways.
The process allows for entire communities to heal and provides extended support for offenders,
victims and their families. The CHCH process is more cost effective than the adversarial system
while keeping offenders out of prison and further reducing costs that would be incurred by
incarcerating the offenders. Furthermore, offenders who participate in the CHCH process have
an extremely low rate of recidivism, speaking to the holistic and healing effects of a community
based correctional program. All of these points are addressed below.
A total of 107 offenders went through the CHCH process from its commencement in
1984 through to 2001(Native Counselling Services of Alberta, 2001, p. 25). Moreover, up to 500
victims, family members and other community members were directly involved with the healing
process between those years, and the healing brought about by this process has spread
throughout the whole community (Native Counselling Services of Alberta, 2001 p 77). CHCH
has led to a reduction of violence within Hollow Water and the creation of a more safe
community, a strong support system within the community that encourages healing and balance
and successful reintegration of those who have completed the CHCH process (Native
Counselling Services of Alberta, 2001, pp. 63-64).
It is quite difficult to accurately compare the costs incurred by processing offenders
through CHCH with the costs that would be incurred if those offenders were processed through
the adversarial justice system. This is partly due to the fact that a dollar value cannot be attached
to healing, rehabilitation or the rebuilding of an entire community (Native Counselling Services
of Alberta, 2001, p. 67). Assumptions have to be made in order to effectively compare
mainstream justice sentences with CHCH. Firstly, it is to be assumed that the CHCH participant

41

would have been found guilty at trial and his or her sentence would similar to that of the national
average for the offence committed. Secondly, it is to be assumed that the offender would spend
two thirds of his or her sentence in prison (Native Counselling Services of Alberta, 2001, p. 71).
According to the Native Counselling Services of Alberta (2001), pre-incarceration costs
are conservatively estimated to be $19, 500 per offender. Pre-incarceration costs include costs
relating to the investigation into the offence, costs relating to remand and costs relating to court
dates and trials (p. 72). Taking into account the gender and age (adult or youth) of the 107
offenders dealt with by CHCH between 1984 and 2000, a conservative estimate of the cost to the
government that would have been incurred had the offenders been sentenced to prison would be
well in excess of seven million dollars (Native Counselling Services of Alberta, 2001, pp. 7677). These figures do not take into account wages or money spent on victim services. Every year,
Hollow Water receives funding in the amount of approximately $120, 000 for CHCH from both
the federal and provincial governments. When other funding contributions are included, the total
amount received per year is around $300, 000 (Native Counselling Services of Alberta, 2001, p,
78). Clearly, the financial cost to run a program such as CHCH is significantly lower than the
cost to punish offenders through the traditional justice system.
CHCH boasts an extremely low recidivism rate. Of the 107 individuals admitted to
CHCH between 1987 and 2001, only two offenders recidivated (Native Counselling Services of
Alberta, 2001, p. 23). This is the lowest recorded rate of recidivism of any correctional program
or initiative under CSC (Native Counselling Services of Alberta, 2001, p. 23). The
overwhelming success of the program is largely accredited to its holistic, non-labelling and nonstigmatic approach to healing and the involvement of the entire family and community of both
the offender and the victim (Native Counselling Services of Alberta, 2001, pp. 23-24).

42

According to the Native Counselling Services of Alberta (2001), the state of the general
population of Hollow Water has improved as well. At the time their research was conducted,
education rates of the residents of Hollow Water had increased, high school dropout rates had
decreased and some individuals who had previously dropped out of high school had returned in
order to finish their diplomas (p. 38). Three child development programs were also implemented
at Hollow Water; P.E.E.R., Head Start and Day Care. P.E.E.R. is a program for mothers of
babies and toddlers that teaches parenting skills and makes mothers aware of the community
resources available to them. Head Start is a program that teaches parents (mainly stay-at-home
moms) of young children the language, culture and traditions of the Anishnabe people. The
parents can then pass on their new found knowledge to their children as they grow up. Day Care
is a program developed to help working mothers with children under five years old access
supervision for their children. The children attend daily and are taught culturally relevant lessons
(Native Counselling Services of Alberta, 2001, pp. 40-41).
The prevalence of alcohol abuse amongst the residents of Hollow Water decreased
markedly in the first 10 years after the introduction of CHCH. Many of the middle aged and
older adults at Hollow Water reported a complete discontinuance of alcohol as a coping
mechanism (Native Counselling Services of Alberta, 2001, p. 46). That being said, rates of drug
use among the younger population of Hollow Water were, at best, not changing at all (Native
Counselling Services of Alberta, 2001, p. 46).
Although the facts presented above speak to the benefits of CHCH, there are some
criticisms of such programs. These criticisms come from both individuals within the Hollow
Water community and individuals within society at large. One criticism argues that CHCH is too
focused on the offender and the victim may feel as if they have no choice but to agree to the

43

CHCH process. Another holds that the traditional values at the core of CHCH are not values that
the entire community shares or agrees with. Furthermore, arguments have been made that
government funding received by CHCH could be better utilized elsewhere (Native Counselling
Services of Alberta, 2001, p. 1). There are shortfalls of every system, however, and the success
of CHCH and the need to reduce Aboriginal over-representation in Canadian correctional
institutions supports the continued use of CHCH and other holistically based correctional
methods.

44

Conclusion
Overall, the CHCH program at Hollow Water has been largely successful. The community as a
whole has seen substantial growth and healing. Shaming offenders with the intent of
reintegration and healing has turned them into successful, contributing members of the
community and promoted healing throughout the community. With its foundations in the
practice of restorative justice, the CHCH program has led to rehabilitation of the community as a
whole. Furthermore, restoration for the harm caused by sexual abuse has been made.
The CHCH program at Hollow Water represents an Aboriginal led initiative in an attempt
to alleviate some of the issues facing Canada’s Aboriginal population both with regards to
overrepresentation within the justice system and societal and criminogenic factors that influence
that overrepresentation. With its holistic focus on healing and Aboriginal values and needs the
opportunity arises for entire communities to heal. The overwhelming success of the CHCH offers
evidence supporting a shift to a justice and correctional system more focused on restoration and
healing rather than punishment and stigmatization of offenders. The benefits of correctional
programs such as CHCH are self-evident. In order to combat the issues surrounding Aboriginal
overrepresentation within the Canadian criminal justice system, CHCH must be embraced and
similar programs established throughout the country.
CHCH has shown that correctional programs focused on healing and the needs of both
Aboriginal offenders and communities have the capacity to be much, much more effective than
traditional punitive measures. The evidence laid out in the case study is clear; these programs are
more cost effective than prison, they lead to significantly lower recidivism rates when compared
with offenders who serve prison time, and they provide the opportunity for entire communities to
embrace each other and heal together.

45

Discussion
This thesis has shown the immense positive impacts of a restorative justice centered, holistic
approach to corrections. Through the case study of CHCH and Hollow Water, the benefits of a
holistic, community based approach to corrections have been illustrated. Had there have been
more time to complete the project, analyses of other community based, holistic healing programs
could have been included in an effort to more fully address the need for such initiatives within
the Canadian justice and correctional systems.
The methodology used for the completion of this thesis could have been more
supplemental to the project as a whole had there have been direct contact with staff or
participants of the CHCH program at Hollow Water. With the opportunity to interview staff and
participants of the CHCH program, a more complete picture could have been painted with regard
to the far-reaching impact of such a program. That being said, there is a wealth of existing
literature regarding community based healing initiatives in place of traditional, punitive methods
of healing.
Areas for further research or longitudinal study include the effect of the CHCH program
on educational attainment, workforce participation, poverty levels and the prevalence of
substance abuse. With the continued use of the program, the general success of Hollow Water in
all sectors of the community will serve as an example as to why such programs should be
implemented and utilized more frequently. Furthermore, a study into the prevalence of
destructive behavior such as substance abuse at Hollow Water could speak to the usefulness of
such a program in realms other than punishment and crime reduction.

46

Braithwaite’s theory of reintegrative shaming has shown that shaming is much more
beneficial to both society and the offender than punishment, incarceration and stigmatization. No
one benefits from such measures. If healing circles were to be implemented by CSC and utilized
instead of traditional measures of punishment, the state of Aboriginals within the justice system
and Canadian society could be greatly impacted for the better.

47

References
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Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc
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(accessed April 21, 2015).

48

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Corrade, R, R., Kuehn, S., & Margaritescu, I. (2014). Policy issues regarding the
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King, D., & Winterdyk, J. (2010). Diversity, inequality and Canadian justice. Whitby, Canada:
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Kubik, W., Bourassa, C., & Hampton, M. (2009). Stolen sisters, second class citizens, poor
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LaPrairie, C. (2002). Aboriginal overrepresentation in the criminal justice system: A tale of nine
cities. Canadian Journal of Criminology, 44(2), 181-205.
Mann, M., M. (2009). Good intentions, disappointing results: A progress report on federal
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Community Holistic Circle Healing process. Retrieved from Correctional Service Canada
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-wtr-eng.pdf
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Investigator of Canada. Retrieved from http://www.ebrary.com

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Renwick, G., P. (2008). Conditional acceptance of the conditional sentence. Canadian Criminal
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/tlj.2014.0018
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Ross, R. (2014). Indigenous healing: Exploring traditional paths. Toronto, Canada: Penguin.
Rudin, J. (2013). There must be some kind of way out of here: Aboriginal overrepresentation,
Bill C-10, and the Charter of Rights. Canadian Criminal Law Review, 17(3), 349-363.
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Crime Research Digest, 3(1), 15-20.
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Mediation and Restorative Justice Centre.
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52

Aboriginal Communities. Retrieved from:
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Trevethan, S., Moore, J., & Allegri, N. (2005, November). The “In search of your Warrior”
program for Aboriginal offenders: A preliminary evaluation. Retrieved from Correctional
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/hv%209274%20t74%202005-eng.pdf
Welsh, A., & Ogloff, R., P., J. (2008). Progressive reforms or maintaining the status quo?: An
empirical evaluation of the judicial consideration of Aboriginal status in sentencing
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http://dx.doi.org/10.1353/ccj.0.0026

53

Appendix A: Population Characteristics
Aboriginal Affairs and Northern Development Canada. 2015a. Hollow Water number 23.
Population Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc
-aadnc.gc.ca/fnp/Main/Search/FNPopulation.aspx?BAND_NUMBER=263&lang=eng
(accessed April 20, 2015).
263

MANITOBA

Population in 2011

680

1,174,345

Population in 2006

620

1,133,515

2006 to 2011 pop change (%)

9.7

3.6

2011

2006

Total

Male

Female

Total

Male

Female

Total All persons

680

340

340

620

315

305

Registered Indian

655

330

330

595

300

295

Not a registered Indian

25

10

10

20

15

10

Total All persons

680

340

340

620

315

305

Age 0-19

360

190

170

305

160

150

Age 20-64

295

140

155

290

150

145

Age 65 and over

25

10

10

20

10

10

Median Age

18.7

18.1

19.5

20.6

20.5

20.8

Age characteristics

Province: MANITOBA
2011

2006

Total All persons

Total
1,174,345

Male
Female Total
579,970 594,380 1,133,515

Male
Female
556,925 576,590

Registered Indian

110,800

53,115

49,095

Not a registered Indian

1,063,545

526,855 536,695 1,031,705

507,830 523,870

Age characteristics
Total All persons

1,174,345

579,970 594,380 1,133,515

556,925 576,590

Age 0-19

312,345

160,205 152,130 308,455

158,380 150,075

Age 20-64

704,500

347,855 356,645 673,250

331,955 341,295

57,685

101,810

52,720

54

Age 65 and over

157,510

71,905

85,605

151,810

66,585

85,225

Median Age

37.9

37.0

38.9

37.8

36.8

38.8

55

Appendix B: Education Characteristics
Aboriginal Affairs and Northern Development Canada. 2015b. Hollow Water number 23.
Education Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc-aadnc.gc.ca
/fnp/Main/Search/FNEducation.aspx?BAND_NUMBER=263&lang=eng (accessed April
21, 2015).
2011

Education characteristics

2006

Total Male Female Total Male Female

Highest Degree or Certificate
Population 15 years and over

415

200

210

380

185

190

No degree, certificate or diploma

240

125

120

245

125

125

High school diploma or equivalent only

90

40

45

45

20

20

Trades/apprenticeship or other non-university
certificate

60

25

30

60

40

25

University certificate below bachelor level

10

0

0

10

0

10

University degree (bachelor level or higher)

20

0

15

20

0

15

MANITOBA

2011

2006

Population 15 years and over

Total Male Female Total Male Female
946,940 463,125 483,825 908,450 441,335 467,120

No degree, certificate or diploma

237,610 123,235 114,380 267,745 135,755 131,990

High school diploma or equivalent only

262,495 126,425 136,070 242,200 113,440 128,760

Trades/apprenticeship or other nonuniversity certificate

239,735 119,070 120,665 225,295 112,250 113,045

University certificate below bachelor level 38,600 16,780 21,820 36,740 15,615 21,120
University degree (bachelor level or
higher)

168,500 77,610 90,885 136,465 64,265 72,200

56

Appendix C: Workforce Characteristics

Aboriginal Affairs and Northern Development Canada. 2015c. Hollow Water number 23.
Workforce Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc-aadnc.gc.ca/fnp
/Main/Search/FNWorkforce.aspx?BAND_NUMBER=263&lang=eng (accessed April 21,
2015).

Workforce Characteristics

2011

2006

Total Male Female Total

Male

Female

Participation rate

47.6

47.5 47.6

52.0

59.5

43.6

Employment rate

39.0

37.5 42.9

37.3

40.5

33.3

Unemployment rate

17.9

21.1 10.0

28.2

31.8

17.6

Population 15 years and over 410

200

210

380

190

195

Agriculture, resource based

35

30

0

30

25

0

Manufacturing, construction

15

15

0

25

20

10

Wholesale, retail

10

0

0

10

10

10

Finance, real estate

0

0

0

0

0

0

Health, education

55

0

50

55

15

45

Business services

0

0

0

15

10

10

Transportation, warehousing

0

0

0

0

10

0

Other services

95

45

50

55

30

25

Population 15 years and over 410

200

210

380

190

195

Management

25

10

20

Not available Not available Not available

Natural sciences, health

20

0

10

Not available Not available Not available

Social sciences, gov't

70

15

55

Not available Not available Not available

Sales and service

30

0

20

Not available Not available Not available

Trades and related

45

35

10

Not available Not available Not available

Primary industry

35

30

0

Not available Not available Not available

Other Occupations

0

0

0

Not available Not available Not available

Labour Force Indicators

Industry

Occupation

57

MANITOBA

2011

2006

Total

Male

Female Total

Male

Female

Labour Force Indicators
Participation rate

67.3

72.2

62.6

67.3

72.8

62.0

Employment rate

63.1

67.6

58.8

63.6

68.8

58.7

Unemployment rate

6.2

6.4

6.0

5.5

5.5

5.4

441,330

467,120

44,105

31,860

12,240

Manufacturing,
construction

102,665 83,330 19,340 102,340

79,735

22,605

Wholesale, retail

99,020 51,515 47,500 96,605

50,535

46,060

Finance, real estate

36,785 14,500 22,275 33,940

13,310

20,630

Health, education

147,575 35,860 111,720 134,390

32,435

101,955

Business services

53,795 30,070 23,720 53,380

28,420

24,955

Transportation,
warehousing

35,705 28,140 7,570

37,080

29,140

7,940

Other services

170,835 84,455 86,385 157,045

77,020

80,025

Population 15 years and
over

946,945 463,120 483,820 908,450

441,330

467,120

Management

179,160 77,160 102,000

Not
available

Not
available

Not
available

Natural sciences, health

84,990 38,265 46,730

Not
available

Not
available

Not
available

Social sciences, gov't

89,735 29,875 59,865

Not
available

Not
available

Not
available

Sales and service

159,280 66,945 92,335

Not
available

Not
available

Not
available

Trades and related

101,685 96,430 5,255

Not
available

Not
available

Not
available

Primary industry

20,410 16,090 4,325

Not
available

Not
available

Not
available

Other Occupations

46,525 29,890 16,645

Not
available

Not
available

Not
available

Industry
Population 15 years and
over

946,945 463,120 483,820 908,450

Agriculture, resource based 35,435 26,800 8,640

Occupation

58

Appendix D: Household and Dwelling Characteristics
Aboriginal Affairs and Northern Development Canada. 2015d. Hollow Water number 23.
Household and Dwelling Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc
-aadnc.gc.ca/fnp/Main/Search/FNHousehold.aspx?BAND_NUMBER=263&lang=eng
(accessed April 21, 2015).
Household and dwelling characteristics

2011

2006

Total - All private households

155

155

One family households

110

110

Couple family households

75

75

Female lone parent households

30

25

Male lone parent households

10

15

Multi-family households

15

20

Non-family households

25

25

Median household income ($)

36,066 29,056

Household type

Selected Occupied Private Dwelling Characteristics
Total number of Dwellings

155

155

Dwellings constructed more than 10 years ago

115

120

Dwellings constructed within the past 10 years

40

35

Dwellings requiring minor repairs only

60

35

Dwellings requiring major repairs

65

105

MANITOBA

2011

2006

Household type
Total - All private households

465,800 448,780

One family households

308,270 297,370

Couple family households

260,655 250,785

Female lone parent households

37,810

38,075

Male lone parent households

9,805

8,515

Multi-family households

9,315

7,450

Non-family households

148,215 143,960

Median household income ($)

57,299

47,875

59

Selected Occupied Private Dwelling Characteristics
Total number of Dwellings

465,800 448,780

Dwellings constructed more than 10 years ago

416,875 407,240

Dwellings constructed within the past 10 years

48,925

Dwellings requiring minor repairs only

134,330 135,220

Dwellings requiring major repairs

49,695

41,535
46,040

60

Appendix E: Income Characteristics
Aboriginal Affairs and Northern Development Canada. 2015e. Hollow Water number 23. Income
Characteristics (table). Ottawa, Ontario. http://fnp-ppn.aandc-aadnc.gc.ca/fnp/Main
/Search/FNIncome.aspx?BAND_NUMBER=263&lang=eng (accessed April 21, 2015).
2011

Income characteristics
Persons 15 years of age and over with income

2006

Total Male Female Total Male
360
170
185
365
180

Female
185

Avg. total income (all persons with income ($)) 21,005 21,823 20,250 14,978 14,272 15,683
All persons with earnings (counts)

195

Avg. earnings (all persons with earnings ($))

29,026 30,941 26,935 18,077 16,274 20,358

Composition of total income (100%)

100

97

97

99

100

100

Earnings - % of income

75

83

67

72

79

70

Government transfer - % of income

25

15

35

25

20

29

Other money - % of income

2

3

1

2

3

1

MANITOBA

100

90

220

125

2011
Total

Male

100

2006
Female Total

Male

Female

Persons 15 years of age and over with
income

901,035 441,490 459,550 865,400 421,490 443,910

Avg. total income (all persons with
income ($))

36,696 42,867 30,768 31,321 37,317 25,627

All persons with earnings (counts)

663,020 344,940 318,085 650,410 337,715 312,695

Avg. earnings (all persons with earnings
($))

37,579 43,197 31,486 31,318 36,837 25,356

Composition of total income (100%)

100

100

100

100

100

100

Earnings - % of income

75

79

71

75

79

70

Government transfer - % of income

13

9

17

13

9

18

Other money - % of income

12

12

12

12

12

13