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'Will the Circle be Unbroken?'
Embraced with zeal by a wide array of activists and policymakers, the restorative justice movement has made promises to reduce the disproportionate rates of Aboriginal involvement in crime and the criminal justice system and to offer a healing model suitable to Aboriginal communities. Such promises should be the focus of considerable critical analysis and evaluation, yet this kind of scrutiny has largely been absent. 'Will the Circle be Unbroken?' explores and confronts the potential and pitfalls of restorative justice, offering a much-needed critical perspective. Drawing on their shared experiences working with Aboriginal communities, Jane Dickson-Gilmore and Carol LaPrairie examine the out...
Making Sense of Sentencing
On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.
Criminal Injustice
This volume examines racism within the process of criminal justice. In every society criminal justice plays a key role establishing social control and maintaining the hegemony of the dominant economic classes. The contributors to this anthology argue that the differential treatment of people of colour and First Nations peoples is due to systemic racism within all levels of the criminal justice system, which serves these dominant classes. Ideological and cultural changes are preconditions for the success of anti-racist policies and practices within the criminal justice system and within other state institutions. Recommendations for transformations in justice policy and practice are provided.
The Colonial Problem
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.
How Judges Sentence
How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
Home in the City
During the past several decades, the Aboriginal population of Canada has become so urbanized that today, the majority of First Nations and Métis people live in cities. Home in the City provides an in-depth analysis of urban Aboriginal housing, living conditions, issues, and trends. Based on extensive research, including interviews with more than three thousand residents, it allows for the emergence of a new, contemporary, and more realistic portrait of Aboriginal people in Canada’s urban centres. Home in the City focuses on Saskatoon, which has both one of the highest proportions of Aboriginal residents in the country and the highest percentage of Aboriginal people living below the poverty line. While the book details negative aspects of urban Aboriginal life (such as persistent poverty, health problems, and racism), it also highlights many positive developments: the emergence of an Aboriginal middle class, inner-city renewal, innovative collaboration with municipal and community organizations, and more. Alan B. Anderson and the volume’s contributors provide an important resource for understanding contemporary Aboriginal life in Canada.
Hidden in Plain Sight
The history of Aboriginal people in Canada taught in schools and depicted in the media tends to focus on Aboriginal displacement from native lands and the consequent social and cultural disruptions they have endured. Collectively, they are portrayed as passive victims of European colonization and government policy, and, even when well intentioned, these depictions are demeaning and do little to truly represent the role Aboriginal peoples have played in Canadian life. Hidden in Plain Sight adds another dimension to the story, showing the extraordinary contributions Aboriginal peoples have made and continue to make to the Canadian experience. From treaties to contemporary arts and litera...
Restructuring Relations
Self-determination : foundational value -- Indigenous self-government structures in Canada, Greenland, and Sápmi -- Implementing indigenous self-determination : self-administration, rematriation, or independence? -- Gendering indigenous self-government -- Self-determination and violence against indigenous women -- Indigenous gender justice as restructuring relations
