Sentencing

Excerpt from the decision of the Supreme Court of Canada regarding principles to be considered in determining sentencing. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Describes the hanging of eight First Nation men on November 27th, 1885; residential school children were taken to view the execution.

Photographs of Aboriginal people in prison shows the colonial violence against the Indigenous people at the turn of the century in north western Australia.

Book review of: Defending Battered Women on Trial: Lessons from the Transcripts by Elizabeth Sheehy.

Looks at the petition for a new trial and the speech given by preacher Samson Occom prior to the public execution.

Book review of: Black Eyes All of the Time by Anne McGillivray and Brenda Comaskey. Focuses on Carol LaPrairie's chapter on sentencing of Aboriginal offenders.

Book review of: Black Glass by Kate Auty. Review located by scrolling to page 203.

Looks at Aboriginal plaintiffs in tort claims and causation requirements.

Explains why proposed tough on crime legislation, resulting in mandatory minimum sentencing, will effect Aboriginal offenders significantly.

Includes case studies of the Community Council Project, Aboriginal Legal Services Toronto and the Hollow Water First Nation's Community Holistic Circle Healing Project.

"This resource guide provides a general introduction to justice issues for people who work with Indigenous clients in the Atlantic Canadian justice system."

Overview of juvenile justice over the past ten years in Australia and discussion about lack of action on reforms to the system as suggested in the report Bringing Them Home.

Report provides overview of women's experiences in the systems, suggestions for policy changes, examination of access to and treatment in justice system, examination of women in the correctional system, and 96 recommendations to the Government of Canada for improvements.

Argues cycle of violence and criminality has emerged from the colonial legacy of assimilationist policies and offers strategies for breaking the cycle.

Law Thesis (Ph.D.)--University of Waikato, 2015.

Law Thesis (LL.M.)--Université Laval, 1997.

Chapter XXVIX, An account of the trial of Riel. Hawkes paraphases and quotes key figures from the trial.

Looks at attitudes and factors involved in the resistance.

Argues that circles, while a step forward, will not succeed because of the imbalance of power between those participating and the Canadian judicial system.

Documentary on innovative program that brings the traditional form of Aboriginal justice-circle sentencing to the Canadian justice system as opposed to prison terms. Duration: 57:48.

Evaluates the contribution of Justice Claire L'Heureux-Dubé to the Supreme Court of Canada with respects to the economic rights of minorities, including women.

Sociology and Social Anthropology Thesis (M.A.)--Dalhousie University, 2011.

Discusses traditional hearings, Elder assisted hearings and community hearings. Duration: 25:09.

Looks at research done on various functions of the Downtown Community Court. Contains six reports providing a look at operations by the staff, community stakeholders, and Downtown Community Court (DCC) participants.

Case summary of R. v. Wells [2000] decision by the Supreme Court of Canada (SCC). Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Looks at court based sentencing processes which has restorative values.

Explains that incarcerated Aboriginal youth are at risk for gang activity and affiliations.

Survey, conducted though interviews with community members, police occurrence reports, and court records, to assess the levels of disorder, found that crimes varied in frequency and severity across individual communities and opinions about how it should be dealt with differed, suggesting that solutions must be tailored to each individual community.

Examines the historical domination and continued oppression created and continued by Western nations and its relation to the perpetuation of crime and injustice in Aboriginal communities.

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.

Lengthy review (100 pages), is a background study for the Law Reform Commission of Canada's report on Aboriginal Peoples and Criminal Justice; covers wide range of topics, both historical and contemporary, concerning the Canadian justice system's treatment of Aboriginal peoples.

Looks at social and cultural inequalities between Aboriginal and non-aboriginal persons in the criminal justice system. Discusses the Indian Act, the White Paper of 1969 and Constitution Act of 1982.

Focuses on the importance of the decision and Gladue reports, which give judges a picture of Aboriginal offender's past experiences and circumstances. These reports are taken into consideration when sentencing decisions are made. Followed by talk by Yvonne Johnson co-author of Stolen Life: The Journey of a Cree Woman. Total duration: 1:05:43.

Law Thesis (LL.M.)--Dalhousie University, 1997.

Discusses jurisdiction west of the Mississippi River the the trial of several Osage Indian men.

Examines the controversy of the 1862 Dakota Conflict in Minnesota, followed by the execution of 38 Sioux men, and questions whether military tribunals can balance civil liberties and state necessities.

Study suggests that policy to move towards more culturally responsive schooling is yet to be realized.

Discusses how the creation of colonial and territorial governments shifted treatment of interracial homicide into the legal arena rather than using past practices of direct retaliation.

Supporters of Harriet Nahanee are calling for a public inquiry as to why the elder was jailed even though she was in a weakened physical state.

Entire issue on one pdf. To access article scroll to p.8.

Focuses on the failure of the Australian Royal Commission to address gender issues arising from deaths of Aboriginal women in custody.

Examines options for decarceration of Aboriginal women once they have been arrested, tried, found guilty, and sentenced to a term of imprisonment of two-years-plus-a-day.

Description for a system employing traditional methods of conflict resolution within Aboriginal communities. For Part 2 see: Justice as Healing, Vol. 5, No. 4, Fall, 2000. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Part two of a description for use of a system of traditional methods of conflict resolution within Aboriginal communities. For Part 1 see: Justice as Healing, Vol. 5, No. 3, Fall, 2000. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Identifies existing diverse First Nations court models and processes which include Elders and spirituality in court proceedings, Healing courts, Gladue courts, and Aboriginal and tribal courts.