Sentencing

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

2nd edition.

Reviews the November 1992 conference on the need for an Aboriginal justice system.

Statistical tables for the general situation, custodial sentencing and disciplinary action, and parole and probation.

Related material: Aboriginal Customary Laws: Discussion Paper. Aboriginal Customary Law: Background Papers.

Looks at Aboriginal over-representation in all aspects of the criminal justice system in Canada, New Zealand and the United States. Uses the Royal Commission into Aboriginal Deaths in Custody to focus on deaths in police custody and prison in Australia.

Formative evaluation monitors program activities, tests for progress in achievement and identifies areas for improvement throughout the process of program delivery.

Looks at current and historical trends at provincial/territorial and federal levels using data from the Adult Correctional Services Survey conducted by Statistics Canada.

Argues that the growth of youth population concentrated in urban cores and off reserve increases risk for incarceration.

Government of Manitoba created this Commission as a result of the Public Inquiry into the Administration of Justice and Aboriginal People. The Public Inquiry was a response to the deaths of Helen Betty Osborne in The Pas and John Joseph Harper in Winnipeg. Includes links to: Final Report, Quarterly Reports, Recommendations and Consultation Papers from the Implementation Commission.

Recommendations are made to government of Manitoba, Federal and Aboriginal governments as well as joint initiatives. Increased Aboriginal participation in the administration of justice and sentencing alternative development are among priority suggestions.

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

Examines section 718.2(e) of the Criminal Code which states that a judge is to consider "all available sanctions other than imprisonment that are reasonable in the circumstances for all offenders, with particular attention to the circumstances of Aboriginal offenders."

Comparison of North American Indian, Metis and Inuit/Innu offenders; based on data gathered by Correctional Service of Canada’s Offender Management System (OMS), Offender Intake Assessment (OIA) process, and Community Intervention Scale (CIS).

Analyzes whether certain cities contribute to the problem of over-representation and explores whether regional variations exist.

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

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.

Covers: historical factors, demographics, socio-economic factors, aboriginal people and the justice system, changes within the present system, and points for discussion.

Discusses on-reserve and off-reserve jurisdiction, as well as advising the Aboriginal accused of their rights and other procedural matters.

Psychology Thesis (M.A.)--Simon Fraser University, 1999.

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

Looks at the limited role that the sentencing process plays in trying to correct the over incarceration of Aboriginal peoples in Canadian penal institutions.

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

Comments on the Constitution and the historical indifference of the criminal justice system toward Indigenous women.

Criminology Thesis (M.A.)--Simon Fraser University, 2009

Resource meant to assist teachers in giving an overview of law as a whole, as well as procedures, rights, meaning of custody, consequences and sentencing.

Act discusses the lawful possession of lands, proceedings used to eject people not in lawful possession, penalty for persons selling liquors, and much more. The Act has 24 sections in total.

Legislative changes include issues relating to the death of a person dying intestate (without a will), bequeathing property, punishments for those found gambling or drunk, and punishments for failing to send children to school.

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.

Criminology Thesis (M.A.)--Simon Fraser University, 1990

Sociology Thesis (Ph.D.)--York University, 2003.

Allan Quandt has lived in northern Saskatchewan for over 30 years. He was a friend of Malcolm Norris and Jim Brady.

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.

Identifies class as the key variable for explaining the overrepresentation of Indigenous peoples in the prison system.

First Nations Justice System provides future opportunity to apply alternative forms of treatment in correcting the behaviour of First Nations people who violate Provincial Wildlife Regulations/Law.

A comprehensive statistical analysis of the effect and repercussions of violent crime among Native Americans as both victims and offenders.

Study assesses public reaction to 1996 Criminal Code amendments.

Interview with the respected storyteller and singer Antoine Lonesinger. Interview includes the Legend of Cut Knife Hill and stories of BlackRock and Chokecherry Wood.

Interview includes two stories: the first about a boy who saves a boy and wins a wife in the process; a second about a boy who upon returning to his band with a wife becomes chief.

Interview includes a biographical account of Antoine Lonesinger's life that includes stories about farming, trapping, house construction and the making of charcoal and lime. He also tells of the murder of an Indian Agent at the hands of a Blackfoot named Owl Eyes.

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

Law Thesis (LL.M.)--York University, 2014.