Sentencing

Displaying 201 - 250 of 359

Louis Riel’s Insanity Reconsidered

Articles » General
Author/Creator
Frank W. Anderson
Saskatchewan History, vol. 3, no. 3, Autumn, 1950, pp. 104-110
Considers Riel’s life and speculates on the role his mental health played in his choices and role as a leader of the Métis people. Entire issue on one pdf file, scroll to page 104.
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Maori and the New Zealand Corrections System

Articles » General
Author/Creator
David A. Yeboah
FORUM on Corrections Research, vol. 12, no. 1, Aboriginal People in Corrections, January 2000, pp. 19-21
Discusses rates of offending and re-offending, socio-economic characteristics of offenders and efforts to reduce number of offences.
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Marie Osecap 2 Interview

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Marie Osecap
Alphonse Littlepoplar
Indian History Film Project
Interview includes a description of life on the reserve that describes milking, sheep-shearing and fishing weirs. It also consists of stories about a woman whose husband turned into a lizard; a story of Wisakedjak; and how Thunder Blanket killed his wife and then himself.
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The Morin Decision: An Excerpt

Articles » General
Author/Creator
A. Sherstobitoff
Justice as Healing, Fall, 1995, p. [?]
Involves case which examined the use of sentencing circles in the Saskatchewan courts. Compete case available hardcopy in the Canadian Native Law Reporter, [1995] 4, page 37. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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Mourning Rites

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
George First Rider
Dave Melting Tallow
Indian History Film Project
Consists of an interview about mourning rites, including death customs, self multilation as a sign of mourning; punishments for adultery and what happens to pipes and bundles when their owners die; and the loss of old mourning rituals and customs.
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The Murder of Melaityappa and How Judge Mann Succeeded in Making ‘the administration of justice palatable’ to South Australian Colonists in 1849

Articles » Scholarly, peer reviewed
Author/Creator
Skye Krichauf
Aboriginal History, vol. 41, no. 1, December 2017, pp. 23-45
Uses the prosecution of Henry Valette Jones and Henry Thomas Morris for the murder of an Aboriginal man to illustrate the shortcomings of the colonial legal system in Australian when it came to prosecuting settlers for violence towards Indigenous peoples.
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The Myth of Swan: The Case of Regina v. Taylor

Alternate Title
The Myth of Swan: The Case of R. v. Taylor
Articles » Scholarly, peer reviewed
Author/Creator
P. Dawn Mills
Canadian Journal of Native Studies, vol. 18, no. 2, 1998, pp. 255-270
Discusses the principles of sentencing circles in Dene and Métis communities and uses the Dene mythic hero Swan to illustrate the principles in relation to several recent cases.
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Names of the Condemned Dakota Men

Articles » Scholarly, peer reviewed
American Indian Quarterly , vol. 28, no. 1/2, Special Issue: Empowerment Through Literature, Winter-Spring, 2004, pp. 175-183
Article lists the names of Dakota men and the sentences imposed on them by the United States government following the “Sioux Uprising of 1862.”
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Native American Women: Our Voice, the Air

Articles » Scholarly, peer reviewed
Author/Creator
Linda Hogan
Frontiers: A Journal of Women Studies, vol. 6, no. 3, Autumn, 1981, pp. 1-4
Discusses the ways in which Native American women influence their communities and the larger Euro-American society.
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Native Lives Matter

Documents & Presentations
Author/Creator
Lakota People's Law Project
Looks at actions of police departments, incarceration rates, victimization, lack of prosecution for offences committed by non-Native Americans, and inadequate funding for tribes. Focus is on South Dakota.
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The Native Offender and the Law

Documents & Presentations
Author/Creator
Douglas A. Schmeiser

Statistics on characteristics of prison population, type of offences committed, use of alcohol, sentencing and recidivism rates.

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North Dakota Supreme Court Review

Articles » Scholarly, peer reviewed
North Dakota Law Review, vol. 82, no. 3, The Pedagogy of American Indian Law, 2006, pp. 1033-1084
Summarized decisions rendered by the North Dakota Supreme Court. Cases have affected previous interpretations of the North Dakota law.
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Northern Aboriginal Offenders In Federal Custody: A Profile

Articles » General
Author/Creator
Joseph C. Johnston
Forum on Corrections Research , vol. 9, no. 3, Special Issue, September 1997
Argues that the offence patterns that have landed offenders in custody can be viewed as a mirror image of their backgrounds.
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Omnibus Crime Bill Sets Stage For Future Mess

Articles » General
Author/Creator
Doug Cuthand
Start Phoenix, November 18, 2011, p. A13
Argues that implementing the crime bill will reverse restorative justice programs and will have a negative impact on Aboriginal People.
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On Being A Northern Judge

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Claude Fafard
pp. 403-404
Article from 1993 Conference proceedings, explores the question of credibility of the criminal justice system, stating consideration ought to be given to a social justice healing process 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.
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Ontario Federation of Indian Friendship Centres Submission to the Standing Senate Committee on Legal and Constitutional Affairs in Response to Bill C-10, Safe Streets and Communities Act

Alternate Title
OFIFC Submission to the Standing Senate Committee on Legal and Constitutional Affairs on Bill C-10 ...
Documents & Presentations
Author/Creator
Ontario Federation of Indian Friendship Centres (OFIFC)
Argues that with its emphasis on mandatory minimum sentences, limitations to conditional sentences, shift away from rehabilitation and reintegration of young offenders, the Bill would disproportionately target Aboriginals and result in even higher incarceration rates.
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An Option to Jail

Articles » General
Author/Creator
Richard Martell
Saskatchewan Indian, vol. 5, no. 1, January 1976, pp. 35-36
Fine payback program offers an alternative to imprisonment.
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Overincarceration of Indigenous People: A Health Crisis

Articles » Scholarly, peer reviewed
Author/Creator
Davinder Singh
Sarah Prowse
Marcia Anderson
CMAJ: Canadian Medical Association Journal, vol. 191, no. 18, May 06, 2019, pp. E487-E488
Authors argue that incarceration is a social determinant of health and that it disproportionately affects Indigenous people because of disparities in rates of incarceration; cite statistical analysis that indicate the specific effects of incarceration and notes historic and contemporary calls to address the situation.
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Overrepresentation of Indigenous People in the Canadian Criminal Justice System: Causes and Responses

Documents & Presentations
Author/Creator
Scott Clark
Literature review includes topics of colonialism, socio-economic marginalization, culture clash, systemic discrimination in policing, courts and corrections, and initiatives such as Gladue courts and changes to sentencing policy. Identifies gaps in efforts to reduce overrepresentation and suggests ways to improve the situation.
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Page 5 Chatter

Alternate Title
Page Five Chatter
Articles » General
Author/Creator
Beverly Carter
Windspeaker, vol. 28, no. 7, October 2010, p. 5

Article presents three different news reports: Inquiry into the investigation of serial killer Willie Pickton, the Métis Nation-Saskatchewan's 2004 election scandal, and the Great Bear Rainforest RAVE project.

Entire issue on one pdf. To access article scroll to p.5.

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Part Two: The Theory and Practice of Sentencing

Alternate Title
The Theory and Practice of Sentencing: Are They on the Same Wavelength? [Part Two]
Articles » General
Author/Creator
Edward D. Bayda
Justice as Healing, vol. 2, no. 4, Winter, 1997, p. [?]
Reprint of a lecture given by Chief Justice of the Saskatchewan Court of Appeal (SaskCA) at the University of Saskatchewan in 1997. Note: This is a two-part sample article available courtesy of the Native Law Centre of Canada. Subscriptions for the publication are available from the Centre.
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Pierre Carriere Interview

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Pierre Carriere
Murray Dobbin
Indian History Film Project
Pierre Carriere was a close friend of Jim Brady. He talks about the history of Cumberland House, social life as it changed from the pre-war period to the present ; Jim Brady's role as a leader in the community ; the fishing and forestry industry ; the CCF government and its programs ; Malcolm Norris and his activities ; the effect of the war on the town and the role of the Legion.
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Preparing an Aboriginal Rights Case: An Overview for Defence Counsel

Documents & Presentations
Author/Creator
Anja P. Brown
Bruce Stadfeld McIvor
Provides resource for defence counsel that needs a legal aid referral where an Aboriginal right is used as a defence. Looks at treaty rights, Gladue rights, restorative justice etc. Information provided not for legal advice.
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Progressive Reforms or Maintaining the Status Quo? An Empirical Evaluation of the Judicial Consideration of Aboriginal Status in Sentencing Decisions

Articles » Scholarly, peer reviewed
Author/Creator
Andrew Welsh
James R. P. Ogloff
Canadian Journal of Criminology & Criminal Justice, vol. 50, no. 4, July 2008, pp. 491-517
Discusses a study conducted to examine the judicial consideration of section 718.2(e) of the Criminal Code and the complexity of the over-representation problem.
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