Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people. Bopp and Bopp (2007: 45) argue that the tendency of making use of uniform strategies in restorative justice loses values and often overlooks the heterogeneity of identities as well as the experience of the native people. This means that it is important to acknowledge the differences amongst the aboriginal people. It is evident that the use of retributive model of justice has been used in many of the corrections in Canada. Despite that, this method has not been effective in reducing crime amongst the aboriginal people. Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu... ... middle of paper ... ... integrate their cultural value system. Restorative justice helps the Aboriginal people through connection with the various social, interpersonal and also other challenges that are believed to contribute to criminal behavior. Works Cited Barsh, R. 2005. Aboriginal peoples and the justice system: Report of the national round table on Aboriginal justice issues (Book Review). Great Plains Research, 359-362. Bopp, J., & Bopp, M. 2007. Responding to sexual abuse: Developing a community-based sexual abuse response team in Aboriginal communities. Ottawa: Solicitor General of Canada, pp. 45-49 Brookes, D. 2008. Evaluating restorative justice programs. Humanity and Society, 22, 23-37. DOI: 10.1177/0011128799045001001 Crnovich, M. 2005. Report on sentencing circles in Nunavik. In Pautuutit Women’s Association, Inuit Women and Justice: Progress Report, 4(8), pp. 8-11
The purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
Native-American justice systems are very different than the traditional American criminal justice system in that the Native-American systems are “based on a holistic philosophy where law is a way of life and justice is part of the life process” (Melton, 1995). These systems have unwritten laws that are passed down and the process involves a circle of justice that connects everyone as they are focused on the center, which represents the issues that need to be fixed to maintain peace (Melton, 1995). The American system “is based on a retributive philosophy that is hierarchical, adversarial, punitive, and guided by codified laws and written rules, procedures, and guidelines” (Melton, 1995). Since the victim has suffered, it is believed
Aboriginal women account for 24.9% of the general population and 32.5% of the incarcerated female population (Amey Bell, Shelly Trevethan & Nicole Allegri, 2004). Aboriginal female offenders are also responsible for violent crimes (Bell et al., 2004). Aboriginal female offenders have an adverse childhood; the childhood for Aboriginal women are centred around family violence, instability and substance abuse (Colleen Dell & Jennifer Kitty, 2012). The Canadian government is attempting to solve the over representation by implementing bills such as 718.2(e) (Gillian Balflour, 2012). This becomes a challenge to the correctional system since Aboriginal female inmates account for a great number of the prison population despite the bill 718.2(e).
Despite the decreasing inequalities between men and women in both private and public spheres, aboriginal women continue to be oppressed and discriminated against in both. Aboriginal people in Canada are the indigenous group of people that were residing in Canada prior to the European colonization. The term First Nations, Indian and indigenous are used interchangeably when referring to aboriginal people. Prior to the colonization, aboriginal communities used to be matrilineal and the power between men and women were equally balanced. When the European came in contact with the aboriginal, there came a shift in gender role and power control leading towards discrimination against the women. As a consequence of the colonization, the aboriginal women are a dominant group that are constantly subordinated and ignored by the government system of Canada. Thus today, aboriginal women experiences double jeopardy as they belong to more than one disadvantaged group i.e. being women and belonging to aboriginal group. In contemporary world, there are not much of a difference between Aboriginal people and the other minority groups as they face the similar challenges such as gender discrimination, victimization, and experiences injustice towards them. Although aboriginal people are not considered as visible minorities, this population continues to struggle for their existence like any other visible minorities group. Although both aboriginal men and women are being discriminated in our society, the women tends to experience more discrimination in public and private sphere and are constantly the targeted for violence, abuse and are victimized. In addition, many of the problems and violence faced by aborigin...
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
In 1977, Eglash coins the term restorative justice (Gavrielidies, 2012), a term that not many people know of due to the lack of mainstream popularity, yet it is clearly evident that restorative justice practices can impact the community in a positive manner. An idea that supporters of restorative justice constantly sends out with good reason though, as the case of (Guest speaker), the case in the Diamond article (2012), and the case of Mr. Kelly (2016) clearly show that restorative justice can improve the life of an individual. This is a welcome sight as restorative justice provides a different perspective on crime, and more recently, another version of restorative justice has emerged from psychometric research (Flynn, 2014), which people refer
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
Striving to reduce incarceration (Walther, 2006), restorative justice, apart from other measures such as paroles and community services have been implemented. Although restorative justice allows reparation and closure on part of victims, Sanders (2002) questioned whose purpose it serves. He argued that victims should be allowed to see prosecution papers and officials have the responsibility to bring the victim through the judicial processes, even to allow victims participation in parole decisions. In reaffirming such concerns, Rock (2004) opined that restorative justice might only serve as a tool to punish offenders and reduce re-offending through emotional confrontation, depriving the victim of their desires for explanations and offender’s sincere acceptance of responsibility.
The concept of restorative justice was heavily shaped by the work of John Braithwaite (1989) who in turn was inspired by indigenous practices in New Zealand and Australia, whereby the significance of family value...
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
Section 718.2 (e) of the Criminal Code tries to fight systematic oppression with selective inequality, this section of the criminal code is alarming as it gives us a false sense of equality, liberty and neutrality. This section completely undermines the reality of the Canadian criminal justice system, as although Aboriginals have faced huge injustices, the story of Mr. Ladue or Mr. Ipeelee is not unique to Aboriginals. These circumstances are similar to those of other marginalized groups in society, specifically the working class poor where drug addiction and other vices are rampant. While Section 718.2 (e), alleviates certain injustices in society it does not address the main issues which is inequality itself. What the legal system should be doing is preventing marginalized groups from ending up in such circumstances rather than alleviating injustices which where created by the criminal justice system itself.