Through the many inquires which have been made over the past decades in to
the Canadian justice system(Brizinski,1993,395) it has over and over again been stated that the present justice system has and is failing Aboriginal people. It is not suited for their cultural needs and does nothing to rehabilitate offenders but rather does the offender more harm then good. It does not address the underlying conditions causing criminal behavior or in assessing what specific needs must be addressed to rehabilitate.
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
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
... middle of paper ...
... Aboriginal Self Government in Canada.
Brizinski, Peggy(1993) “Knots In A String” 2nd ed, University Extension Press,
Donlevy, Bonnie (1994) “Sentencing Circles and the Search for Aboriginal Justice.” Indian and Aboriginal Law, University of Saskatchewan
Hylton,John(1999) “Aboriginal Self Governmnet in Canada: Current Trends and Issues” 2nd ed, Purich,Saskatoon,Sk
Katapamisuak Society, (1993) Katapamisuak society Protocol. Pound maker
Cree Nation, Saskatchewan
LaPrairie, Carol (1996)”Sentencing Circles and family Group Conferencing”
Australian and New Zealand Journal of Criminology, Vol.29 #1 march 1996.
Rudin, J. and Russsel, D.(1993)”Native Alternative Dispute Resolution
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
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