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.
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: “I want to try and help out as much as I can.”
“I 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.”
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.
“I'll take some information over the phone from them-their charges, their birthdate, other information,” he says. “Then the next step is to figure out how I can help you.”
Kakakeway says part of his job “is to take a load off of the legal aid system, which is overwhelmed with clients.”
“I talk to clients and see what they want to do. There are sometimes options available they might not know about.”
“If 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.”
“With 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.”
“If 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.”
“But I've never had anyone come back to me after doing Alternative Measures.”
Last year, Kakakeway handled “over 1,000 cases” and has a wealth of knowledge about making it through an unfamiliar and often -to the uninitiated-intimidating system.
“A 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.”
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.
“As part of our ongoing training, we are informed of any new changes to the law; and if there are any new precedent-setting cases,” says Kakakeway. “But 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.”
“We can only help you as much as you are honest with us,” he adds. “Communication 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.”
“Sometimes I don't get all the information,” adds Kakakeway. “I'll do what I need to do for you; but I'm not a lawyer. Some information you must give to your lawyer.”
“When 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.”
As an Aboriginal court worker, Kakakeway keeps the court informed concerning other legal issues as they pertain to First Nations people.
“Locally, 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.
“Like 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.”
For the first part of his childhood, Kakakeway was raised on White Bear First Nations by his grandparents, “until I was adopted and shipped off to P.A. (Prince Albert), where I stayed with a non-First Nations couple of Ukrainian ancestry.”
“I went through junior high in P.A.,” he says. “That'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.”
“There 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.”
After completing school in Prince Albert, Kakakeway returned to White Bear. “After losing my grandparents, my aunties took me in, but I was really starting over.”
“With 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.”
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.
At age 60, Kakakeway is considered a young Elder. “Some 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.”
“You 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.”
“I love my culture,” he says. “I teach culture and Cree at the school, and I really love children, too.”
“A lot of them come and see me and I tell them the stories my grandparents told me,” says Kakakeway. “I love telling those and some of my favourites are creation stories-and how things are all interconnected.”
“It's a good feeling and I feel like they're all my children at the school,” adding that two of his children will graduate from WBEC this year.
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 “of many.”
“My wife and and I both talk Cree,” he says. “I 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.”
Kakakeway says that although his jobs vary, they are all a part of what makes up his singular calling.
“Everybody 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.”
To make an appointment with Josh Kakakeway, call (306)-577-4553.
