Restorative Justice

Research Paper # 99160

Canadian Studies > Government and Government Policy
Canadian Studies > History, Culture
Criminology > Criminal Justice and Corrections

Restorative Justice

This paper discusses healing circles and Aboriginal sentencing circles in regard to restorative justice in Canada.

3,300 words () | 20 sources | MLA | 2007 United States

Paper Summary:

In this article, the writer notes that Canada is a unique society, in that the modern nation was created out of the conquest of the original inhabitants of the land - the Aboriginals. The writer maintains that it is possible to argue that this unique circumstance of our origins predicates a different approach to justice - at least with regards to the subjugated people. One suggested approach has been the use of restorative justice, as an alternative model to retributive justice. In this specific context, this would require the use of traditional Aboriginal restorative justice practices, including healing circles and Aboriginal sentencing circles. This paper introduces this topic with a broad overview of the key issues; describes healing circles and Aboriginal sentencing circles; evaluates the strengths and weaknesses of these circles; analyzes the implications for our current retributive system; and concludes with a critical analysis and general conclusions.

From the Paper:

"All of this is clearly evident from the fact that the Aboriginal population is so over-represented in our prison systems. While Aboriginals comprise less than 2% of the Canadian population, they account for almost 10% of the population of federal incarceration facilities, and much greater percentages of the territorial and provincial institutions. It has also been noted that for Aboriginal sub-groups, such as youth and women, the percentages may be even more disproportionate. In an holistic sense, it would be wonderful to have a justice system that not only coped with the immediate problem of how we as a society deal with criminal offenders, but also contributed in a much more holistic sense to the greater good of our society as a whole."

Sample of Sources Used:

Bar and Bench Daily News Digest. "Natives Pass Sentence." (Oct. 31, 1997): VII.208.
Campbell, Jane and Associates. "Sentencing Circles - A Review." Ottawa: Justice Canada, Aboriginal Justice Directorate, 1995.
Cawsey, R.A. "Justice on Trial: Task Force on the Criminal Justice System and its Impact on the Indian and Metis People of Alberta." Edmonton: Province of Alberta, 1991.
Chartrand, Larry. "The appropriateness of the lawyer as advocate in contemporary justice initiatives." Alberta Law Review, 33.4 (1995): 874+.
Clalifoux, Troy. "A Need for Change: Cross-Cultural Sensitization of Lawyers." Alberta Law Review (1994): 32.4.