Restorative Justice

Website includes sessions on Aboriginal justice, restorative youth justice, and Intergovernmental tensions. Some links lead to full text access of the presentations.

Looks at the programs based on restorative justice, such as sentencing circles and peacemaker courts, and discusses their similarities and differences.

First Nation strategy dealing with sexual abuse.

Reports that years after Supreme Court decision regarding sentencing in Gladue, Aboriginal over-representation has increased, not decreased due to systemic discrimination in policing and prosecution, and a lack of resources for providing community healing based justice. Duration: 6:25.

Discusses the methods used by the Six Nations of Grand River, Ontario to ensure a relatively crime free social order. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Report designed to support the mandate of the Commission by presenting evidence to negotiate visions for the criminal justice system and redefine justice for all. Excerpt from Legacy of Hope: An Agenda for Change, vol. 1.

Brief description of this initiative, which formed part of the federal government's Aboriginal Justice Strategy. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Reports on the launch of an Aboriginal program that offers an offender in Canada an alternative form of justice in a culturally appropriate environment.

Project offering alternative approaches and services for youth in the present justice system. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Describes principles of restorative justice within the criminal justice system and how certain legal theories make implementation difficult. For Part 2 see, Justice as Healing, Vol. 4, No. 2, Summer, 1999. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Continuation of an article that compares and contrasts aspects of Aboriginal concepts of justice and those practised in the current criminal justice system. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Asserts that the British legal system cannot be successfully transfer to Indigenous people, due to philosophical differences. Excerpt from chapter four of Tough on Kids: Rethinking Approaches to Youth Justice.

Psychology Thesis (M.A.)--University of Regina, 2003.

Law Thesis (LL.M.)--University of Ottawa, 1993.

Indigenous philosophy about sentencing stresses reconciliation and restoring community peace and equilibrium. Reprint of Chapter 3 of the book: Justice in Aboriginal Communities: Sentencing Alternatives. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Examines sentencing circles and their potential to change the lives of victims, offenders, and community; also looks at a new relationship between community and government.

Comments on the Australian Council for Aboriginal Reconciliation and gives examples of injustices and how relations have deteriorated.

Book review of: Aboriginal Self-Government in Canada: Current Trends and Issues., 3rd ed., edited by Yale D. Belanger.

Law Thesis (LL.M)--University of Manitoba, 1995.

Briefly looks at two best practices and policy and implementation of programs.

Discusses the current situation, alternatives to practices, and makes recommendations to address the high incarceration rate of Aboriginal women.

Illustrates how a healing lodge functions as a place of restoration and growth for Aboriginal women in prison.

Looks at an alternative correction centre outside of Maple Creek, Saskatchewan for First Nations women, that practices traditional healing and the contradictions between spiritual and penal philosophies.

Meeting of the Anglican Council of Indigenous Peoples (ACIP) calls for establishment of eight-member commission to address issues arising from residential schools.

Discusses framework of reparations to include the emotional, spiritual, political and social realms all within the context of the particular history of Native peoples. Chapter in book: Reparations: Interdisciplinary Inquiries edited by Jon Miller and Rahul Kumar.

Arguments supporting the sentencing or healing circle as a "valid vehicle for reflecting Aboriginal culture and traditions in the criminal justice system." Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Study conducted over five years consulted with over 150 Mi'kmaq through interviews, focus groups, and community forums in order to develop strategies to address violence.

Steps taken to improve race relations six years after Carney Nerland shot Leo LaChance.

Article from 1993 Conference proceedings, provides some concluding remarks on the Conference discussions of the justice system, its failing of Aboriginal peoples and the necessary reform and commitment to change required. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Discusses the use of restorative justice in Canada, New Zealand and Australia to address the social context in which the crime was committed.

Argues that there must be internal community development of structures and institutions before initiatives can be effectively carried out. In addition, the article discusses four specific programmes in: Indian Brook, Nova Scotia, Sandy Lake and Attawapiskat in Northern Ontario, and Metropolitan Toronto.

Author, a provincial court judge in British Columbia, discusses his experiences with alternative justice. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Describes procedures for alternative measures and extrajudicial sanctions program.

Outlines legislation and policies governing use of alternative measures/extrajudicial sanctions.

Looks at the Commission's focus, the process though which it came into being, and the lack of public knowledge.

Study assesses public reaction to 1996 Criminal Code amendments.

General Synod of the Anglican Church of Canada. Restorative approach to justice.

Discussion of how the judiciary has been the key participant in sentencing circles.

Describes how aboriginal cultural ethics of non-interference have negatively impacted the Aboriginal experience in the criminal justice system.

Examines recent attempts at reconciliation that reflect a current sensibility of revisiting Canadian history. The author also looks at the role guilt plays in Aboriginal writings and how public discussion appropriates and transforms that guilt.

Looks at the impact and response to the Getting it Together conference. While there has been changes in regards to restorative justice initiatives, conditional sentences, and reduced imprisonment for fine defaults, the continued over-incarceration of Indigenous people remains a concern.

Discussion of the Community Intervention Scale (CIS) and Community Risk/Needs Management Scale (CRNMS) which were primarily designed for use with male and Caucasian prison population.

Speaker discusses traditional Indigenous approaches to reconciliation. Duration: 14:18.

Law Thesis (L.L.M.) -- University of British Columbia, 1992.

Discusses the legacy of the Indian Act and the challenges and opportunities for reconciliation with compensation & redress, relationship-building, and governance.

Study suggests that by moving beyond church and state officials, we can better understand ourselves and the history of the incidents in order to heal and reconcile.

English Thesis (Ph.D.)--Simon Fraser University, 2012.

Discussion on the injustices suffered by Aboriginal children in schools, and the compensation offered to address those human rights violations.

A book review discussing the author's analysis of the effectiveness of restorative justice.