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.
Programs in Profile: The Aboriginal Justice Strategy
Articles » General
Author/Creator
Chris Fleming
JustResearch, no. 15, 2008, pp. 37-42
Description
Looks at the strategy started to help communities develop programs to support offenders stay out of the justice system.
On one pdf. Scroll down to page 37 to read article.
University of British Columbia Law Review, Special Edition: Aboriginal Justice, 1992, pp. 5-40
Description
Discusses traditional justice systems, systemic discrimination and cultural clashes in the present act and its application of criminal law, new initiatives in law enforcement, court systems, corrections and rehabilitation, and recommendations for change.
Consists of an interview with non-Indian employed at the Gabriel Dumont Institute in Regina. At the time of the interview he was writing a book on the history of the Metis nation.
Consists of an interview where Fine Day describes the punishment for violation of their hunting code. He also describes the selection and duties of ceremonial officers and the use of buffalo pounds.
Consists of an interview where he gives a description of punishment for violation of the hunting code. He also gives a brief description of saddle making.
Navajo common law seeks justice by offering healing.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
South Atlantic Quarterly, vol. 110, no. 2, Sovereignty, Indigeneity, and the Law, Spring, 2011, pp. 309-327
Description
Looks at the use of British sovereignty over Indigenous criminal jurisdiction in Australia as opposed to Canada, United States and New Zealand, where localized methods are used.
States healing is the solution, starting in Aboriginal communities which can then prevent people from being captured by the revolving door of the justice system.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
International Journal of Punishment and Sentencing, vol. 4, no. 3, 2008, pp. 124-158
Description
Defends the use of restorative justice when dealing with Aboriginal crimes and gives an overview of the present justice system in addressing crime control.
Justice as Healing, vol. 8, no. 1, Spring, 2003, p. [?]
Description
Describes how restorative justice is used to deal with conflict to the benefit of the victim, offender and the community as a whole.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
Justice as Healing: A Newsletter on Aboriginal Concepts of Justice
Punishment versus Healing: How Does Traditional Indian Law Work?
Articles » General
Author/Creator
ÓJames W. Zion
Justice as Healing, vol. 2, no. 3, Fall, 1997, p. [?]
Description
Author states that Canadian and American legal law systems are built on a relationship of superiors to inferiors; are premised on punitive measures, whereas most Indigenous societies are by consensus and equality-based.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
He tells stories of treachery by Americans against the Sioux who had fled to Prince Albert, Saskatchewan after the 1862 Minnesota Massacre, including distribution of disease-infested clothing and food. NOTE: Attempt to verify with R.C.M.P. records. He also sings and explains a very old Dakota song sung by children when rabbit-hunting.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Tony Murdoch
Con Graham
Description
File contains a presentation by Tony Murdoch and Con Graham of the Battlefords Adult Diversion Project. Murdoch delivers a presentation describing the project which exists to reconcile non-dangerous adult offenders with their victims under the direction of a mediator. Murdoch describes the program and its success, as well as the ethnic makeup of the participants (roughly 50% Non-Aboriginal and 50% Aboriginal). Following the presentation Murdoch discusses the program and its particulars with Commissioners Blakeney and Erasmus.
Nine elders in discussion at Saddle Lake Reserve. They talk about aspects of life before contact with whites, Treaty #6, the history of amalgamations and land sales, and a traditional story of a boy raised by buffalo.
Policy Paper Series (Aboriginal Family Violence Prevention and Legal Service Victoria)
Documents & Presentations
Author/Creator
Aboriginal Family Violence Prevention and Legal Service Victoria (FVPLS Victoria)
Description
Reports on current legal and associated services offered in the state, government initiatives addressing family violence, and results from consultations about experiences with the legal system.
Presentation to 6th International Conference on Restorative Justice describing prevention, intervention, rehabilitation and support Program implemented in 1992 in northwest British Columbia.
Research conducted to help the Nunavut Government Department of Justice monitor and assess justice programs and help communities develop local programs suited to Inuit people.
On one pdf. Scroll down to page 5 to read article.