Whither Restorativeness? Restorative Justice and the Challenge of Intimate Violence in Aboriginal Communities

Abstract

The issue of partner and family violence in Aboriginal settings has long presented unique challenges for communities and criminal justice. Dissatisfaction with conventional legal responses, and especially with mandatory charging policies whose implications for victims and families are, at best, mixed, has initiated a shift toward restorative justice, which is perceived to be more culturally appropriate and respectful of Aboriginal families. However, there are significant challenges arising from issues of community, culture, and context that must be seriously engaged before restorative justice can offer viable, safe, and sustainable alternatives to Aboriginal communities struggling with violence. Drawing upon years of work with Cree communities, this article explores the realities of intimate violence and restorative responses, arguing that there is additional work to be done before restorative processes can be applied to intimate violence in these communities.

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