Giiwedin Anang Council Family Mediation Pilot Project

500-211 Yonge Street Toronto ON M5B 1M4 (T)416.408.4041 or 3967 Toll Free 844-633-2886 (F)416.408.1568 (E)

Proposal

500-211 Yonge Street Toronto ON M5B 1M4 (T)416.408.4041 or 3967 Toll Free 844-633-2886 (F)416.408.1568 (E)

The Giiwedin Anang Councilis an Aboriginal Alternative Dispute Resolution (AADR) process. It is funded by the Ministry of Child and Youth Services and focuses on cases involving Aboriginal families and the child welfare system.

Our approach to dispute resolution comes from an awareness that the Aboriginal community knows best how to help a community member in crisis. The purpose of the Giiwedin Anang Council is to allow parents, children, extended family all participate in the circle process with guidance from community Elders and council members.

Over the past year we have had 20 families referred to us that have a family custody/access dispute that is not directly child welfare related. In November alone we have seen five families requesting services for ADR. We believe this is due to the demand and need in the community to have a culturally appropriate alternative to the traditional court process. Even our clients who participated in court appointment mediation have requested Elders be present for their mediation at 311 Jarvis.

Many of these families have a history of domestic violence in their relationships and wish to keep the adversarial nature the court process to a minimum. Due to their history, many of our clients do not feel comfortable bringing their family conflicts to court unless they are forced to by Ontario Works or a Children’s Aid Society.

We would like to expand our Giiwedin Anang program to families who are not involved with the child welfare system but still wish an Indigenous ADR option. The process and attendant cost per file for such a program would consist of the following:

1)Referral form and intake

2)Meeting with facilitator and Elder (both parties) ($150 x 2=$300)

3)First Talking Circle (2 Elders @$300 each = $600 + 1 Member $150 =$750

4)Aunty or Uncle, meets with children ($150)

5)Second Talking Circle (same as 1st = $750)

6)Elder one on one’s with each parent ($300)

7)Third and Final Circle ($750)

8)$150 for food for Talking Circles$50 x 3 = $150.00

9)$50 for medicines needed for the process

On average the Total Cost per family process: $3200.00

It should be noted that the cost for independent legal advice for the parents with respect to the final agreement is not included but is an essential aspect of the program.

500-211 Yonge Street Toronto ON M5B 1M4 (T)416.408.4041 or 3967 Toll Free 844-633-2886 (F)416.408.1568 (E)

We would propose a pilot project target of 20 families for the 2018-2019 year with a budget of $64,000.00. An extra $5000 for salary for the Caseworker to look after the pilot. 10% administration fee for the Circle process leaving with a pilot project total if 75,900.00

The $3200 per case is slightly cheaper than the cost of one legal aid certificate (10 hours @ the lowest rate for one family member). We believe this is not only cost effective but more importantly, a better way of resolving family custody and access disputes for Indigenous parents. Approaching these disputes from a cultural lens is something that is not currently being offered anywhere else at the moment. Our clients have already identified this as a community need.

In regards to the final resolution for the for the parties. We can do one of the following for the final agreement to become a court order.

Option 1) use Giiwedin Anang Council members who are lawyers to provide advice on the final agreement.

Option2) provide honoraria for outside council to do the ILA for the clients when a final agreement in arranged.

Option 3) Ask LAO to fund a small certificate specifically for ILA for the agreements.