聽 聽 聽 聽 聽 聽 Aboriginal court worker and First Nations Elder Josh Kakakeway has transformed his hard-won life experience into a profound sense of empathy, as he helps people in southeast Saskatchewan navigate their way through the criminal court system; with the intention of guiding them towards a better future.
聽聽聽聽聽聽聽聽聽聽聽 For the past six years, Kakakeway-a Level II Courtworker-has helped both First Nations and non-First Nations people make their way through the criminal court system in Carlyle, Estevan and Weyburn. His specialized training has prepared him for legal scenarios as varied as the people he serves, but Kakakeway says that his mandate is simple: 鈥淚 want to try and help out as much as I can.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚 want to do my best for everyone in court. It can be a very intimidating experience; but I really put a lot of my focus on the children. I want to see them have great futures and I want to help them turn their lives around towards a better way. I try to give good advice-like a parent.鈥�
聽聽聽聽聽聽聽聽聽聽聽 Kakakeway's services are free of charge, as he is employed by the Saskatchewan Ministry of Justice. The first step for anyone needing his assistance is to call or contact him to set up an appointment.
聽聽聽聽聽聽聽聽聽聽聽 鈥淚'll take some information over the phone from them-their charges, their birthdate, other information,鈥� he says. 鈥淭hen the next step is to figure out how I can help you.鈥�
聽聽聽聽聽聽聽聽聽聽聽 Kakakeway says part of his job 鈥渋s to take a load off of the legal aid system, which is overwhelmed with clients.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚 talk to clients and see what they want to do. There are sometimes options available they might not know about.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚f it's a traffic case, I can plead out your case for you. You might want to pay the fine or you might choose to work it off with the Fine Options program.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淲ith other charges, a lot of times, we use the Alternative Measures program, for people under the age of 18. They sit at a table with a mediator, both the victim and the offender, where they work to come up with an agreement that is suitable for each of them.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚f it works like it should, the offender won't come out with a criminal record, but it's not an easy program. It's a powerful program. The offender has to sincerely acknowledge their wrongdoing by making amends, writing a letter of apology...They are really accepting the responsibility of the charge(es) they receive and they really have to acknowledge their wrongdoing.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淏ut I've never had anyone come back to me after doing Alternative Measures.鈥�
聽聽聽聽聽聽聽聽聽聽聽 Last year, Kakakeway handled 鈥渙ver 1,000 cases鈥� and has a wealth of knowledge about making聽 it through an unfamiliar and often -to the uninitiated-intimidating system.
聽聽聽聽聽聽聽聽聽聽聽 鈥淎 lot of clients we refer to Legal Aid. But a lot of people have money-they work-but they're on the border of not quite qualifying for Legal Aid. What they might not know is that if they appear in court and are denied Legal Aid twice, then they are able to get a court-appointed lawyer.鈥�
聽聽聽聽聽聽聽聽聽聽聽 As an experienced Level II courtworker, Kakakeway has received specialized training (including courtroom protocol and language) and re-certifies every year, but stresses that his services do not take the place of a lawyer.
聽聽聽聽聽聽聽聽聽聽聽 鈥淎s part of our ongoing training, we are informed of any new changes to the law; and if there are any new precedent-setting cases,鈥� says Kakakeway. 鈥淏ut one of the most important things we do is make sure that the information we receive from our clients is straight and honest. As advocates, we're insured in case someone commits perjury.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淲e can only help you as much as you are honest with us,鈥� he adds. 鈥淐ommunication is the most important thing. Part of a courtworker's job is to make people feel at ease, to try and comfort them and sometimes a little humour helps, too. In an intimidating situation, communication can be uncomfortable; but communication is the best thing.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淪ometimes I don't get all the information,鈥� adds Kakakeway. 鈥淚'll do what I need to do for you; but I'm not a lawyer. Some information you must give to your lawyer.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淲hen you're young, it can be really intimidating stepping into the courtroom, especially if you don't know the system. For older (First Nations) people, language can be an issue and I can help them out because I speak Cree and Saulteux.鈥�
聽聽聽聽聽聽聽聽聽聽聽 As an Aboriginal court worker, Kakakeway keeps the court informed concerning other legal issues as they pertain to First Nations people.
聽聽聽聽聽聽聽聽聽聽聽 鈥淟ocally, there are things like hunting charges and also bylaws that are put through by the chief and council that the court might not be aware of. I also let the court know if they're infringing on a treaty right.
聽聽聽聽聽聽聽聽聽聽聽 鈥淟ike any advocate, we let the court know about our clients' history. I know a lot of people's background here; and a lot of people here have a residential school background. That's something I would inform the court about.鈥�
聽聽聽聽聽聽聽聽聽聽聽 For the first part of his childhood, Kakakeway was raised on White Bear First Nations by his grandparents, 鈥渦ntil I was adopted and shipped off to P.A. (Prince Albert), where I stayed with a non-First Nations couple of Ukrainian ancestry.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚 went through junior high in P.A.,鈥� he says. 鈥淭hat's where I learned to speak Cree. I didn't learn it in school, because they didn't teach it in schools back then, but there were a lot of Cree-speaking people in P.A. and I learned (Cree) from them.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淭here were also a lot of First Nations members in the penitentiary there. I played with city teams that played ball and hockey against the prisoners' teams, and some of them were my famly members.鈥�
聽聽聽聽聽聽聽聽聽聽聽 After completing school in Prince Albert, Kakakeway returned to White Bear. 鈥淎fter losing my grandparents, my aunties took me in, but I was really starting over.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淲ith my green eyes and light complexion, I've always been a stranger. I understand the feeling of not knowing who you are or where you belong. That's why I really put a lot of my focus on the children. I really want to see them have great futures.鈥�
聽聽聽聽聽聽聽聽聽聽聽 In addition to helping First Nations youth who find themselves in legal trouble, Kakakeway makes it a personal priority to do his best for all of White Bear's children and youth- as an Elder in the community and as a culture and Cree language teacher at White Bear Education Complex.
聽聽聽聽聽聽聽聽聽聽聽 At age 60, Kakakeway is considered a young Elder. 鈥淪ome of the things an Elder does is go to funerals, to comfort people in a cultural way, to attend gatherings and to go to Elders' gatherings. But it's less about what you do and more about who you are and what you give to your community.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淵ou really just become an Elder. You know who you are, you know your culture, you know your ceremonies.You get to that place in life where you fulfill a more responsible role. You think a little differently than you did when you were younger. You think a little differently about the future and the past-and you try and help out as much as you can.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚 love my culture,鈥� he says. 鈥淚 teach culture and Cree at the school, and I really love children, too.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淎 lot of them come and see me and I tell them the stories my grandparents told me,鈥� says Kakakeway. 鈥淚 love telling those and some of my favourites are creation stories-and how things are all interconnected.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淚t's a good feeling and I feel like they're all my children at the school,鈥� adding that two of his children will graduate from WBEC this year.
聽聽聽聽聽聽聽聽聽聽聽 Married for 29 years to his wife Madeline, the Kakakeways speak Cree at home, and are the parents of nine children (one son is deceased) and the grandparents 鈥渙f many.鈥�
聽聽聽聽聽聽聽聽聽聽聽 鈥淢y wife and and I both talk Cree,鈥� he says. 鈥淚 can't express the feeling I get when a child knows the language and understands what you're talking about when you speak Cree. It's so satisfying to see the little children gain an understanding of their language and culture.鈥�
聽聽聽聽聽聽聽聽聽聽聽 Kakakeway says that although his jobs vary, they are all a part of what makes up his singular calling.
聽聽聽聽聽聽聽聽聽聽聽 鈥淓verybody has a purpose and my purpose is to help people. If you can learn from your mistakes; it will help your future. I learned from mine and my mistakes in the past made me a great teacher today.鈥�
聽聽聽聽聽聽聽聽聽聽聽 To make an appointment with Josh Kakakeway, call (306)-577-4553.
