Canada’s first pre-charge Indigenous diversion program launches

A new federally-funded pilot project in Prince George, B.C., is giving Indigenous people accused of certain non-violent offences a chance to avoid criminal charges and instead take part in cultural healing at a newly opened diversion centre on Lheidli T’enneh territory.

The B.C. First Nations Justice Council (BCFNJC) says the pre-charge program is the first of its kind in Canada and allows RCMP officers to refer individuals directly to the centre, where they begin a 90-day diversion process involving a clinical counsellor, a social worker and an Indigenous Elder. It represents a shift from most existing diversion models, which typically begin after charges are laid.

“Our purpose is to lower recidivism and lower the overrepresentation of Indigenous people in jail,” said Elder-in-residence Marcel Gagnon at the launch event on Tuesday. “I believe in my heart this is the program that’s going to do that.”

The BCFNJC, which developed the centre, said the initiative is designed to address long-standing issues in the justice system.

“Enough is enough. No one can argue to me or tell me it’s acceptable Indigenous people are so horrifically overrepresented. That is insane,” said Kory Wilson, Chair of the BCFNJC. “Everybody wants safer communities, everybody wants fiscal responsibility. This is exactly that.”

RCMP Supt. Darin Rappel said officers have already begun training and will soon begin referring individuals who meet the program criteria. “This is different,” Rappel said. “The focus is on the individual that’s involved in a cycle of crime.”

Central to the program is the ceremonial and cultural work led by Elder Marcel Gagnon, who serves as Elder-in-Residence at the centre. A Juno-nominated artist, Gagnon oversees the spiritual and ceremonial components of the healing journey offered to participants.

“We need the clinical part of it, we need the counselling, we need the treatment, don’t get me wrong,” Gagnon said. “But those two have to be balanced. The clinical and the ceremonial have to be in balance. And that’s the recipe for success.”

Gagnon, who was born with fetal alcohol spectrum disorder (FASD), shared that he spent time in jail as a youth and experienced homelessness. He said reconnecting with his Indigenous culture, particularly through powwows, sweat lodges and Sundance ceremonies, was a turning point in his life.

“I did time in jail as a youth. I was on the same trajectory as these men that I work with today, exactly the same. I was homeless,” he said.

He said ceremony isn’t a way around accountability, it’s a way through it and described how transformative his first powwow experience when he was in his late 30s was, recalling, “Here I am, suit and tie with all these dignitaries and I couldn’t hold it back. I just started to cry.” He said a woman approached him at the powwow and said, “I don’t know who you are, my boy, but the drum is calling you home.”

That moment led Gagnon on a lifelong path of learning and sharing Indigenous teachings.

Gagnon emphasized the ceremonial path is rooted in accountability, supported by a strong community.

“I belong to a Sundance group. I have to be accountable morally and everything else to this group of people. If I started to misbehave, I can guarantee you they’re going to call me,” he said.

He added the centre provides similar support to those who walk through its doors.

“They come in and I meet them and I’ll take them into the room and I say, ‘When was the last time you smudged, bro?’ Oh, I don’t know, quite a while ago. I get out a smudge. And we sit there and we do a smudge and then they just start talking about where they are.”

The goal, Gagnon said, isn’t necessarily to create radical transformations overnight but rather to offer people a path toward stability.

“Will these guys become next Prime Minister of Canada? Probably not. But you know what? They’re going to live a life of staying out of the system, hopefully, and being productive members to the community.”

The BCFNJC and Prince George RCMP hope the program becomes a model for similar initiatives across Canada. Amanda Carling, CEO of the BCFNJC, said the centre and training were developed “hand in hand” with the RCMP, which she believes will be key to its success.

For Gagnon, success looks like one person at a time choosing a new direction.

“Even one guy, like my friend Paul, after 13 years, still slugging away at the same job, doing the same thing, living a good life. That to me is success,” he said.

While acknowledging the long road ahead, Gagnon believes reconnecting with Indigenous ceremony can lead to lasting change. “We have to go back to the very core of what’s real,” he said. “If that’s stepping back in time and finding those old ceremonies, then there’s nothing wrong with that. Do that. Find what works for you.”

The Prince George Indigenous Justice Diversion Centre is open and receiving referrals through its programs.