Justice in Aboriginal Communities
Sentencing Alternatives
Will be published approx. on 1. June 1998
Book
Paperback/Softback
192 pages
978-1-895830-10-1 (ISBN)
Description
Combining qualitative research, personal experience, and scholarly literature Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based against the Aboriginal concepts of justice. Using his personal experiences as a defence lawyer, case studies of several communities, as well as interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees, Green approaches the criminal justice system from multiple angles. Against this backdrop, he analyzes the successes of and challenges to the innovative sentencing approaches currently evolving in Aboriginal communities.
More details
Series
Language
English
Place of publication
Saskatoon
Canada
Target group
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 229 mm
Width: 152 mm
Weight
280 gr
ISBN-13
978-1-895830-10-1 (9781895830101)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
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 Tough on Kids: Rethinking Approaches to Youth Justice (Purich Publishing, 2003), which won a Saskatchewan Book Award for scholarly writing.
Content
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
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