1st Edition

Justice, Indigenous Peoples, and Canada A History of Courage and Resilience

Edited By Kathryn M. Campbell, Stephanie Wellman Copyright 2024
    370 Pages 13 B/W Illustrations
    by Routledge

    Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments.

    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. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.

    Table of Contents

    List of Figures

    List of Tables

    List of Contributors

    Foreword by The Honourable Murray Sinclair


    Introduction: Kathryn M. Campbell

    Part 1: Questions of Theory and Justice

    Chapter 1: Justicia Canadiana. By Jean Teillet

    Chapter 2: Settler Colonialism and the Criminalization of Indigenous People in Canada. By Adam J. Barker and Emma Battell Lowman

    Chapter 3: Frail Legitimacies: Examining the Settler-Colonial Legal-Politics Underlying the Wet’suwet’en Crisis. By Jeremy Patzer

    Chapter 4: A Strategy for Achieving Indigenous Justice: A Seven “Rs” Plan. By Irwin Cotler and Kathleen Mahoney

    Part 2: Features of the Criminal Justice System

    Chapter 5: A Commentary on First Nations Policing: By Chief Peacekeeper Dwayne Zacharie

    Chapter 6: Swimming Upstream in the Criminal Justice System: The Role of the Bail System in the Over-representation of Indigenous Peoples in Canadian Correction Facilities. By Megan Mitchell and Chery Marie Webster

    Chapter 7: Attempts at Reconciliation Through Criminal Law: Tracing the Historical Applications of the Gladue Principles. By Jacob Medvedev, Michael A. Crystal and Gilbert Terrance Jr.

    Chapter 8: Criminal Justice Reform and the Mass Imprisonment of Indigenous People in Canada. By Jane B. Sprott, Cheryl Marie Webster and Anthony N. Doob

    Chapter 9: Indigenous Women: Living in a State of Injustice: Reflections on the Aboriginal Justice Inquiry of Manitoba and the Continued Legacy of Injustice for Indigenous Women in Canada. By Aimée Craft

    Part 3: In/Justice in Practice

    Chapter 10: Family Matters: Home is the Heart of the Indigenous Prison Crisis. By Ryan Beardy

    Chapter 11: Indigenous Identity and Correctional Programming: The Effects of a Contemporary Colonial Project. By Stephanie Wellman

    Chapter 12: Leaving the Iron House: The Red Road out of Prison. By Danny Homer and Melissa Munn

    Chapter 13: The Duty to Do Better: Trauma-Informed Lawyering. By Myrna Lynne McCallum

    Chapter 14: Indigenous Peoples' Courts: Practitioners' Views from Eastern Ontario. By Neha Chugh and Anne-Marie McElroy

    Appendix A: First Nations Policing in Canada

    Appendix B: Estimating the Indigenous Imprisonment Rate




    Kathryn M. Campbell is a Full Professor of Criminology at the University of Ottawa, Ontario, Canada. She holds a BA in Psychology (McGill), an MPhil in Criminology (Cantab), a PhD in Criminologie (Université de Montreal) and a BCL/LLB (McGill). Professor Campbell has long been interested in studying issues of social justice, including questions of equality and rights under the law, for various individuals and groups. Professor Campbell has published extensively in the areas of miscarriages of justice, young persons and criminal law and Indigenous justice issues.

    Stephanie Wellman is Manitoba Métis from Treaty One Territory, now residing on the traditional unceded, unsurrendered Territory of the Anishinaabe Algonquin Nation. She holds an MA in Criminology from the University of Ottawa; her research focused on Indigenous over-incarceration in Canadian prisons and issues of identity. She is currently the Director of Social Development at the Assembly of First Nations.