ABSTRACT

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.

chapter |9 pages

Introduction

part 1|93 pages

Questions of Theory and Justice

chapter Chapter 1|24 pages

Justicia Canadiana

chapter Chapter 3|23 pages

Frail Legitimacies

Examining the Settler-Colonial Legal-Politics Underlying the Wet'suwet'en Crisis

chapter Chapter 4|20 pages

A Strategy for Achieving Indigenous Justice

A Seven “Rs” Plan

part 2|122 pages

Features of the Criminal Justice System

chapter Chapter 5|18 pages

A Commentary on First Nations Policing

chapter Chapter 6|27 pages

Swimming Upstream in the Criminal Justice System

The Role of the Bail System in the Over-representation of Indigenous Peoples in Canadian Correctional Facilities 1

chapter Chapter 7|25 pages

Attempts at Reconciliation Through Criminal Law

Tracing the Historical Applications of the Gladue Principles

chapter Chapter 9|25 pages

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

part 3|78 pages

In/Justice in Practice

chapter Chapter 10|8 pages

Family Matters

Home is at the Heart of the Indigenous Prison Crisis 1

chapter Chapter 11|23 pages

Indigenous Identity and Correctional Programming

The Effects of a Contemporary Colonial Project

chapter Chapter 12|21 pages

Leaving the Iron House

The Red Road out of Prison

chapter Chapter 13|12 pages

The Duty to Do Better

Trauma-Informed Lawyering

chapter Chapter 14|12 pages

Indigenous Peoples' Courts

Practitioners' Views from Eastern Ontario