1st Edition
Justice, Indigenous Peoples, and Canada A History of Courage and Resilience
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
Acknowledgements
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
Bibliography
Index
Biography
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.
