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By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler-colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered.
Through the mechanisms of surveillance, segregation, and containment, the criminal justice system ensures that Indigenous peoples remain in a state of economic deprivation, social isolation, and political subjection. By examining the ways in which the Canadian justice system continues to sanction overtly discriminatory and racist practices, the authors in this collection demonstrate clearly how historical patterns of privilege and domination are extended and reinforced
Based on first-hand interviews with victims, offenders, and others on the frontlines, Indictment puts the Canadian criminal justice system on trial and proposes a bold new vision of transformative justice.
In the spirit of truth and reconciliation, judges, lawyers, and law enforcement officers write about working with First Nations, Métis, and Inuit Peoples through their trials and tribulations with the criminal justice system. The stories are a mix of previously published essays from the True Cases anthologies.
The residential schools may not be the only harmful process of colonization that fuels Indigenous over-incarceration. But it has been and continues to be a critical cause behind Indigenous incarceration, and arguably the most critical factor of all. It is likely that for almost every Indigenous person who ends up incarcerated, the residential schools will form an important part of the background, even for those who did not attend the schools. The legacy of harm the schools caused provide vivid and crucial links between Canadian colonialism and Indigenous over-incarceration. This book provides an account of the ongoing ties between the enduring traumas caused by the residential schools and Indigenous over-incarceration.
Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection is an ambitious and timely intervention into one of the most pressing concerns in Canada.
Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions.
An urgent and informed condemnation of the Canadian state's failure to deliver justice to Indigenous people by bestselling author and former Crown prosecutor Harold R. Johnson.
Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments.
In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.
Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions.
This book examines the latest research on indigenous imprisonment rates, and reviews progress on addressing Aboriginal deaths in custody and youth detention reform. How can governments reduce over-incarceration and work with communities to implement interventions? What will it take to unlock the problems of indigenous inequality in the criminal justice system?
Pete, a young Indigenous man wrapped up in gang violence, lives with his younger brother, Joey, and his mother who is a heroin addict. One night, Pete and his mother's boyfriend, Dennis, get into a big fight, which sends Dennis to the morgue and Pete to jail. Initially, Pete keeps up ties to his crew, until a jail brawl forces him to realize the negative influence he has become on Joey, which encourages him to begin a process of rehabilitation that includes traditional Indigenous healing circles and ceremonies.
Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history.
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