Sentencing

Comparison of approaches in Australia, New Zealand and Canada over the last 20 years shows that while Aboriginal over-representation is viewed similarly, responses have varied, and none have successfully reduced incarceration rates.

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

Law Thesis (M.A.)--Simon Fraser University, 2002.

Law Thesis (L.L.M.)--Queen's University, 2012.

Law Thesis (J.D.)--York University, 1999.

Description of the first of this type of proceeding to be held in the Nunavik region of Quebec.

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.

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

Examines sentencing of youth under the Young Offenders Act using court data from five major Canadian cities.

Examines Aboriginal youth being sentenced differently from non-Aboriginal youth and suggests it may be caused by the number of Aboriginals living in cities where longer sentences are frequently handed down.

Commentary on the decision on s. 718 of the Criminal Code, aimed at reducing the over-representation of Aboriginal peoples in the prison system by using alternate sentencing methods.

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.

Describes the jail sentences given to 6 leaders of the Kitchenuhmaykoosib Inninuwug (KI) First Nation, located in Northern Ontario, over mineral exploration on a disputed land claim area.

Purpose of the article is to compare how legal regulation of Aboriginal and non-Aboriginal girls overlapped and differed based on race, class, and gender oppression.

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.

Comments on the political, colonial and social environment leading up to the trial of a Lieutenant charged with murdering an Aboriginal man.

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.

Comments on the usefulness of written and oral evidence given by historians as based on several different cases.

Looks at the need to inform Aboriginal people about the justice system in Northern Saskatchewan.

The sixth article in a series to provide overview of Appeal decisions, includes brief comments on sentencing of Aboriginal offenders and sentencing circles.

Consists of an interview with George First Rider where he tells the story of the origin of the first Holy Lodge. (A continuation from AA.027) He also tells of the modifications to the Holy Lodge ceremony, the origins of the Group Smoking ceremony and gives the story of Po-Po who foresaw the death of a young man at a Holy Lodge.Note: Dave Melting Tallow, interpreter. Joanne Greenwood, transcriber.

Examines the relationship between the narrator and narratee regarding White Hawk's death sentence in Gerald Vizenor's work, Thomas White Hawk. Entire issue on one PDF. To access article, scroll down to appropriate page.

Submission to Correctional Service Canada, Task Force on Federally Sentenced Women, presented on behalf of the Native Women’s Association of Canada.

Discusses creation of the Vancouver Aboriginal Transformative Justice Services (VATJS) and the development of a Downtown Community Court (DCC).

Author discusses new courses, current issues, and presents a new theory to explain decisions on federal Indian law.

Social Welfare Thesis (Ph.D.)--University of Hawai'i, 2003.

Discusses Vizenor's use of law and literature in the sentencing of Thomas White Hawk. Entire issue on one PDF. To access article, scroll down to appropriate page.

Reprint of a lecture given by Chief Justice of the Saskatchewan Court of Appeal (SaskCA), at the University of Saskatchewan in 1997. This is a two-part sample article, courtesy of the Native Law Centre of Canada. Subscriptions are available from the NLC.

Brief overview of the history of sentencing policies and an examination of public attitude about criminal justice beyond the simplistic question of whether sentences are "tough" enough.

Discusses the cases, trials of, and outcomes for William Henry Jackson and Thomas Scott, two non-Indigenous participants in the North-West Resistance of 1885. Entire issue on one pdf file, scroll to page 41.

Assists tribal governments create community based responses to violence against Native women. Includes examples of various tribal codes.

Discusses conference, Walking on Common Ground: Pathways to Equal Justice, sponsored by the U.S. Department of Justice's Bureau of Justice Assistance. Joint issue with: Indigenous Studies Today Issue 1, Spring 2006.

Report focuses on prevention of trafficking, protection of victims, and prosecution of offenders.

Episode 72: Harold R. Johnson, writer, activist and former lawyer discusses his book, Peace and Good Order. A frank discussion includes the effects of incarceration on Indigenous communities, and the way that jailhouse culture fills the cultural void left by residential schools. Duration: 28:08

Explores the impact of the Gladue decision on alternative sentencing practices, in particular with respect to sec 718.2 e of the Criminal.

Provides overview of case study of one northern youth and the experience of circle sentencing in an attempt to resolve his chronic recidivism and substance abuse.

Discusses the case in which a White farmer was acquitted of both murder and manslaughter in the killing of a 22-year-old Cree man. The accused's lawyer used peremptory challenges to exclude 4-5 visibly Indigenous potential jurors, while the prosecution failed to question White candidates about any racial bias which would prevent them from making an impartial decision. Looks at the systemic racism in the judicial system starting with the execution of "the Battleford Eight" in 1885.

Social Work Thesis (M.S.W.)--University of Manitoba, 2006.

Criminology Thesis (M.A.)--Simon Fraser University, 2012.

Looks at an alternative criminal justice program dealing with Aboriginal offenders and victims whose cases are changed from the regular justice system to an Aboriginal Council Forum.