Restorative Justice

Reports on a conference held in 2000 to discuss what possible alternatives might mean for victims of domestic or sexual abuse.

Law Thesis (LL.M)--University of British Columbia, 1998.

Final Report.

Comments on the sexual violence inflicted upon Native American women and the difficulty prosecuting the criminals due to jurisdictional issues.

Law Thesis (LL. M.)--University of Calgary, 2002.

Book review of: Aboriginal People and Other Canadians edited by Martin Thornton, Roy Todd, and David N. Collins.

Report commissioned by the Department of Justice. Volume contains annotated bibliographies, including documents, reports and position papers.

Report commissioned by the Department of Justice to provide a review of pertinent literature, which the author found lacking and therefore supplemented with knowledge of individuals who were contacted directly. This volume focuses on academic and scholarly materials.

Book reviews of: Algonquian Spirit: Contemporary Translations of the Algonquian Literatures of North America edited by Brian Swann. Building on a Borrowed Past: Place and Identity in Pipestone, Minnesota by Sally J. Southwick. The Cambridge Companion to Native American Literature edited by Joy Porter and Kenneth M.

Examines the problem of overrepresentation and suggests the need to reform the system to recognize Aboriginal values, traditions and beliefs.

Emphasizes the need for a flexible and contextualized approach to tort claims by Aboriginal survivors of institutional and historical abuses.

Discusses the resurgence of power and knowledge that can be used by Indigenous people to deal with challenges and issues.

He tells a story of a woman who was taken prisoner and carried off to live in an enemy camp; her treachery against her brothers and husband when they came to rescue her; how she was killed by her own mother because of her treachery; her mother's atonement after the killing.

Psychology Thesis (M.A.)--The University of Manitoba, [2014].

Looks at the lesser known compensation elements coming out of the Indian Residential Schools Settlement Agreement.

Session Three from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Role of class council, non-class lawyers and legal fees. Duration: 1:04:17.

Argues that federal institutions have created systemic sociocultural problems and there is a need for community-based intervention strategies to promote cultural healing.

Discussion about locating Aboriginal thought in academia.

Reports on research done using semi-structured face-to-face interviews to examine Indigenous practices around conflict resolution. Findings indicate that Indigenous practices: are more flexible than formal court proceedings, focus on consensus building, and aim to restore harmony rather than on punishment.

Brief paragraph on the decision which laid groundwork for interaction of Saskatchewan courts and sentencing circles. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

File contains an individual presentation by David Nuke focusing on the justice system and how it fails Innu people regarding summary offences. He cites statistics for incarceration of an inmate for one year and feels that amount would be better served providing community programs for Innu youth in Labrador, thus avoiding criminal activity by young people.

File contains a presentation by Emile Bell relating to the negative effects of residential schools and the impact of AIDS on Aboriginal people in Canada. Bell, a co-founder of Joe Duquette High School in Saskatoon, works with street people in Saskatoon where the majority are Aboriginal. He calls on the Commission to help provide financial compensation for survivors of residential school abuse, and funding for a shelter for those living on the streets. Following the presentation is a question-and-answer session with the Commissioners.

File contains an individual presentation by Ken Ward, an Aboriginal man from Enoch First Nations who is living with AIDS. He asks how can Aboriginals have a strong economic base "when these employed people are hurting." He calls for an after care program for Aboriginals leaving the correctional system, which includes elders.

File contains a presentation by Darrell Bretton, First Nations Freedom Network. Bretton discusses his organization which he says is "a unique agency which deals with the transition from incarceration to reintegration of our people into overall society...developing a network of aboriginal groups and professionals to address the widespread societal problem of aboriginal recidivism."

File contains a presentation by Harvey Thunderchild relating to high rates of illiteracy among Aboriginal inmates, and the high proportion of incarcerated Aboriginal people for crimes committed involving drugs and alcohol. He states that Aboriginal inmates are prevented from entering treatment programs due to a shortage of programs. He also expressed concern with Aboriginal young offenders lacking appropriate programs as well. He introduces Alfreda Trudeau.

File contains a presentation by Norma Shorty, Kwanlin Dun First Nation. Shorty describes the history of the Kwanlin Dun First Nation, and its reserves in the Whitehorse area. Shorty suggests that since the government contributed to the destruction of traditional systems of Kwanlin Dun learning, it should contribute to rebuilding them. Following Shorty's presentation the assembled Commissioners discuss language, education, and rights issues with Shorty.

File contains a presentation by Wilson Plain. Plain, an Aboriginal Community Liaison and Resource Co-ordinator with Corrections Canada discusses his own work, community based justice, and rehabilitation concerns. Following the presentation Commissioner Erasmus discusses some of the issues raised with Plain.

Discusses the history of injustice against Indigenous peoples and ethnocultural minorities in British Columbia, and a case study that looks at the impact of reparation displacement.

Describes the destruction caused by the forced relocation of Aboriginal children into the residential school system.

Discusses five themes which emerged during meetings with focus groups: barriers to implementation, facilitators of implementation, role of the community, concern for victims, and successes of the Section designed to address overrepresentation of Aboriginals in federal prisons.

Excerpt from Appendix 3 of the Interim Report of the Hollow Water First Nations Community Holistic Circle Healing describing their activities from 1993-94. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Excerpt from author's discussion paper, Surfing the Flux: Exploring the Roots of the Aboriginal Healing Perspective (Rough Draft, March, 1994). Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Discusses the importance of contextual sentencing for Aboriginal offenders within the context of section 718.2(e) of the Canadian Criminal Code.

Psychology Thesis (Ph.D.)--Simon Fraser University, 2004.

Includes general explanation of when and how to apply criteria for a sentencing circle, what the rules are that govern a circle, and sentencing options to consider. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Argues that sentencing circles have inadequately addressed social injustice and inequality issues; and in some cases have revictimized survivors.

Sociology and Anthropology Thesis (M.A.)--University of Windsor, 2001.

Discussion of the impact of the decision on the sentencing, clarification of duty to consider factors in the sentencing of Aboriginal offenders. Sample articles from the publication Justice As Healing are provided courtesy of the Native Law Centre of Canada. Subscriptions are available from the Centre.

Chief negotiator of the Indian Residential Schools Settlement Agreement for the Assembly of First Nations discusses personal experiences and important role the Assembly played.

Describes how concept of reintegrative shaming differs from that of stigmatization or disintegrative shaming and the implications for crime rates.

Looks at restorative justice practices and diversion programs aimed at street-based workers; and argues for a shift in focus, regarding the conceptualization of victim, harm, and reparation needed.

Reports some findings from a larger research project that focused on post-genocide healing practices in Rwanda. Advocates for community-based and traditional methods for solving socio-economic problems and rebuilding social relations; examines implications for social work education and practice.

Concluding remarks regarding six papers published in this issue and presented at a conference entitled Changing Punishment at the Turn of the Century in Saskatoon, September,1999.

Statistics show there is a breakdown of Indigenous community and family due to an erosion of traditional, customary law functions that address behavior. Looks at recognition of Aboriginal title using various cases as examples.

Human and Social Development (M.A.)--University of Victoria, 2007.

Article from 1993 Conference proceedings, discussing the disproportionate and increasing rate of incarceration of Indigenous peoples, contributing factors, disparities in sentencing, fines, bail etc., sentencing circles and the need for change. 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.

Explores two court cases related to archival records and the Truth and Reconciliation Commission in Canada. Archival records are created and shaped with a colonial imprint for the constitution of a settler archival memory.