Justice in Aboriginal Communities: Sentencing Alternatives

Abstract

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

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