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Justice in Aboriginal Communities: Sentencing Alternatives

Price: $ 29.00 Back

Ross Gordon Green

192 pages, 1 map, 8 photographs, index, paper 6 x 9, summer 1998
ISBN 1-895830-10-9 / ISBN 13 978-1895830-101

 

 

 

Acknowledgements
Illustrations
Introduction


Part 1 Conventional and Aboriginal Systems of Justice and Sentencing Compared
1.   Sentencing Law and Practice in Canada

2.   An Historical Overview of Aboriginal Perspectives on Justice

3.   Aboriginal People and the Canadian Justice System
     The Circuit Court as Absentee Justice System
     The Misinterpretation of Aboriginal Offender Information and Behaviour at Sentencing

4.  Opportunities for Community and Victim Participation and Sentencing Discretion in
         Conventional Sentencing

     Opportunities for Community and Victim Participation
     Community and Victim Participation in Diversion Outside the Court System
     The Role of Appellate review in Sentencing Discretion
     Jury Sentencing in the United States
     A Search for New Approaches

Part 2 Case Studies

5.   The Sentencing Circle
     Status of Circle Recommendations in the Criminal Code
     Criteria for Circle Sentencing
     Deterrence through Circle Sentencing
     Circle Sentencing at Hollow Water, Manitoba
     Circle Sentencing at Sandy Bay, Saskatchewan

6.  The Elders' or Community Sentencing Panel
     The Elders Justice Advisory Council at Waywayseecappo, Manitoba

7.  The Sentence Advisory Committee
     The Sentence Advisory Process at Pelican Narrows, Saskatchewan

8.  The Community Mediation Committee
     The Justice Committee at the Mathial Colomb Cree Nation, Pukatawagan, Manitoba

Part 3 Evaluation and Thoughts for the Future

9.   The Development and Impact of Community Sentencing and Mediation Initiatives

10. Post-Colonialism, Legal Pluralism, and Popular Justice

     Post-Colonialism
     Legal Pluralism
     Popular Justice

11. Justice and Policy Issues Raised by Community Sentencing and Mediation
     The Court's Supervisory Role in Community Sentencing Approaches
     Political Influence and Judicial Independence
     Financial Infrastructure or Volunteer Support?
     Expansion of Community Sentencing Approaches
     The Potential Effect of Statutory Reform and Appellate Sentencing Review on the
         Development of Community Sentencing
     Policy Implications of Expanded Community Sentencing

12. Conclusion

Notes
Index


[A] lot of these guys go to jail, and they sit around this ten-by-twelve cell…And they get very bitter. Here in a sentencing circle, we make sure somebody tells the offender that we're here to help. - Harry Morin from Sandy Bay, as quoted in the book.

Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities within the structure of the current Canadian justice system. At the heart of the book are case studies of several communities, which Green uses to analyze the successes of and challenges to the innovative sentencing approaches currently evolving in Aboriginal communities.

This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer. Those concerned with criminal justice as well as practising lawyers will find this book a valuable resource.

Ross Green holds a degree in commerce, and Bachelor and Master of Laws degrees. He has practised law in several of the communities described in this book and has advocated for the kind of sentencing alternatives he describes. He taught sentencing at the Saskatchewan Bar Admission Course and has taught a course on Alternatives to Criminal Justice for the University of Regina. He currently lives in Yorkton, Saskatchewan, where he is a Provincial Court Judge. He is also the co-author with Kearney Healy of our 2003 book, Tough on Kids: Rethinking Approaches to Youth Justice.

Price: $ 29.00 Back

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