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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.
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 literatu...
Discursive Constructions of Consent in the Legal Process
As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts. Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.
Pathways to Ruin?
Individuals who have committed a number of crimes over their lifetimes have had complex, multi-faceted life experiences often characterized by extreme disadvantage and victimization. Those who are formally designated as "high-risk" by the Canadian criminal justice system often have a record of violent or sexual crimes. As a result, they are usually subject to additional monitoring in the community after completing a prison sentence. Pathways to Ruin? disentangles the numerous elements and pathways that lead to high rates of reoffending by focusing on developmental periods of childhood, adolescence, and adulthood. The book uses a case-study approach to consider individuals’ entire crime pat...
Black Eyes All of the Time
Arising out of a 1995 Winnipeg study involving twenty-six Aboriginal women, this book is a compelling acount of the domestic violence they experienced, first as children and later as wives and mothers.
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.
Restorative Justice
Restorative Justice brings together key international writings that trace the development of restorative justice from its diverse beginnings to current global policies and practices.
