Restorative Justice

Brief discussion of restorative justice and sentencing circles. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Political Economy and Government Thesis (Ph. D.)--Harvard University, 1999.

Peace and Conflict Studies Thesis (M.A.)--University of Manitoba, 2016

Interview with a Gladue writer and a lawyer who answers the question, what does Indigenous law mean to you? Duration: 23:23.

Sociology Thesis (M.A.)--York University, 2014.

Video looks at the landmark decision by the Supreme Court of Canada, one that decreed that judges must take into account the unique circumstances of Aboriginal people when passing sentence on Aboriginal offenders. Discussion includes the original intent, conflicting opinions about it, opportunities it presents, and the work involved in upholding it.

"This curriculum is developed for the purposes instructing Aboriginal Court Workers on how to integrate Gladue Principles into speaking to sentence for an Aboriginal client."

Discusses Supreme Court of Canada (SCC) ruling that requires judges to consider the "circumstances of Aboriginal offenders." Author concludes that while the ruling is positive, it is unlikely to decrease the overrepresentation of Aboriginals in the penal system.

Shortcomings of Aboriginal justice programs and insulation from external critiquing are discussed.

Qualifies traditional Indigenous ideas concerning healing and justice for Aboriginal people.

Lessons to be learned about this approach to juvenile and adult justice.

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.

Events leading up to a healing circle and description of the process in a Labrador community. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Outlines the context of emergence of restorative justice movement, explains principles, and discusses inclusion of community in the process.

Criminology Thesis (M.A.)--University of Ottawa, 1996.

Canadian Plains Studies Thesis (M.A.)--University of Regina, 2014.

Publication of the Aboriginal Healing Foundation aimed at residential school survivors contains letters, photographs, poems, and various articles.

Compares and contrasts some fundamental distinctions between customary law and common law. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Contends that incarceration or placing an offender on probation relieves the offender of any responsibility for restitution of the wrong doing.

Looks at how the Ojibway community of Hollow Water deals with an epidemic of sexual abuse. Duration 48:30.

Examines colonization of Canada, historical trauma, the criminal justice system and community healing programs. Duration: 37:21. Related material: Discussion Guide.

Summary report contains 94 recommendations.

Attributes lack of impact by research to concentrating on historical injustices and racial and cultural differences. Author asserts that new initiatives, like restorative justice, will fail unless subjected to scrutiny.

Sociology Thesis (M.A.)--University of Calgary, 1999.

Proposed model for dispute resolution within an Aboriginal or Torres Strait Islander community. Excerpt from the book Aboriginal Dispute Resolution: A Step Towards Self-Determination and Community Autonomy.

Discussion of the methodologies, ethics, and background of study which centered on womens' experience of violence and doubts as to whether restorative justice would actually improve the situation.

Sociology and Anthropology Thesis (M.A.)--Carleton University, 2004.

Looks at: family law, cultural awareness and services, child protection and the legal system, family violence law, victim assistance, impact of being a witness, police response and restorative justice.

Review of current system and the movement to make alternate arrangements accessible to parolees and aboriginal communities under the Corrections and Conditional Release Act (CCRA).

Interdisciplinary Studies Thesis with a concentration in Ecopsychology (Ph.D.)--Union Institute and University, 2003.

Argues for reform and parallelling that reform with the right for Aboriginal people to develop their own systems of justice.

Sociology and Equity Studies Thesis (Ph.D.)--University of Toronto, 2007.

Excerpt from the Federation of Saskatchewan Indian Nations (FSIN) Strategic Plan for Indian Justice; advocates a system that restores traditions, is community driven and promotes healing. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Legal settlement agreement between Canada and the churches that operated Indian Residential Schools plus the Merchant Law Group.

Indigenous law emphasizes nature, diversity and freedom using civil sanctions rather than criminal.

Looks at the rationale presented in support of the state-driven standardisation process for restorative justice and strategies to be considered for responding to the state’s standardisation programme.

Gives examples of the constraints and opportunities found in agencies such as the Native Counselling Services of Alberta and the Aboriginal Legal Rights Movement of New South Wales.

Looks at the use of Indigenous community representatives who talk to defendants about their offences and assist a judicial officer in sentencing.

Looks at how Indigenous methodologies and experiential knowledge offer alternatives for resisting contemporary colonial realities and legacies of residential schools.

Anthropology Thesis (M.A.)--University of Western Ontario, 1997.

Based on a 1997 discussion. Includes urban offenders' relationship to their community, jurisdiction overlap, programs and service delivery including sentencing circles, restitution, and justice councils.

First Nations Studies Thesis (M.A.)--University of Northern British Columbia, 2013. Focuses on R. v. O'Connor criminal case, the Blackwater v. et al v. Plint et al civil case adjudication, and Hollow Water Community Holistic Circle Healing initiative.

Describes the application of the Community Conference process and how it helped transform the town in a positive manner. Note: This is a sample article from the publication Justice As Healing. Subscriptions are available from the Native Law Centre.

Book review of: Justice As Healing: Indigenous Ways edited by Wanda D. McCaslin.

Case study of the Upper Tanana Wellness and the Circle Peacemaking Programs resulting in nine principles for development based on an Indigenous community approach.

Book reviews of: Black Eyes All of the Time by Anne McGillivray, Brenda Comaskey; Discrimination and Denial: Systemic Racism in Ontario's Legal and Justice Systems, 1892-1961 by Clayton James Mosher; Essays in the History of Canadian Law VIII in Honour of R.C.B. Risk edited by G. Blaine Baker and Jim Phillips; The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives by David Cayley; Final Appeal: Decision Making in Canadian Courts of Appeal by Ian Greene ...