Combined Academic Publishers

Justice in Aboriginal Communities

9781895830101: Paperback
Release Date: 1st June 1998

9781895830545: EPUB
Release Date: 1st August 1998

9781895830453: PDF
Release Date: 1st August 1998

Dimensions: 152 x 229

Number of Pages: 192

Series Purich's Aboriginal Issues Series

UBC Press

Justice in Aboriginal Communities

Sentencing Alternatives

Using several Aboriginal communities as case studies, Green analyzes the successes and challenges for alternative sentencing within the Canadian criminal justice system.
Paperback / £24.99
EPUB / £27.00
PDF / £27.00

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.


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
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


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.