Falling Between the Cracks of Retributive and Restorative Justice

Abstract

In 1996, the Canadian government introduced progressive sentencing law reforms that called for special consideration of the conditions in Aboriginal communities as legacies of colonialism and to limit the use of incarceration. At the same time, feminist-inspired law reforms sought compulsory criminalization and vigorous prosecution of gendered violence. Since that time, there has been a doubling of the rate of imprisonment of Aboriginal women, and gendered violence is three and a half times greater in Aboriginal communities. Using the sentencing decisions of two cases involving Aboriginal women convicted of manslaughter, the author explores the practice of law as a site of backlash and an appropriation of feminist-inspired antiviolence strategies. The author draws on feminist and critical race studies of restorative justice in the context of gendered violence to examine why the victimization–criminalization continuum has not been fully recognized in the practice of restorative justice.

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