Restorative Justice among the Aboriginal People

Generally, restorative system is seen by the public and government as ‘backward’, undemocratic and traditional practices that are not in line with “broader development goals” (Wojikowska, 2006, p. 13). Therefore, there are concerns that acceptance of restorative justice programs poses the risk of ‘low-quality’ justice for the poor and marginalized (Roder, 2013). Also, this system has been criticized for its inherent flexibility, possible leniency, focus on consensus-based decision making and application of rules that may be applied inconsistently and resulting outcomes that may be arbitrary (Kariuki,

​In conclusion, this article is an eye-opening one that does not necessarily paint Canada’s justice system in a great light. Razack shows through the use of examples how Aboriginal people are treated differently and perceived to be lower than whites on the hierarchy of society, and how this lead to the lack of justice in the murder of Pamela George. It is disheartening to think that simply because she was an Aboriginal and a prostitute that her life is considered less important than those of her (white) murderers, but this is the light that Razack brings to the argument, and she does so

Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.

Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.

We are learning that when genuine 'Indigenous' Justice is hiding under the cloak of Western paradigms, we continue to see the rising population of Indigenous peoples--especially Indigenous women--in prisons. Our programs and rehabilitative initiatives remain under Western paradigms, even when painted with the brush of 'restorative' or 'indigenous'

How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.

Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative

Racial inequality inside of Canadian prisons is shocking and sometimes unbelievable when taken into account the percentage a minority group takes up in Canada’s overall population versus behind bars. The injustices against Canada’s First Nations people are unfortunately not just historic, as their mistreatment is still evident today. Despite representing only 3% of the population, First Nations account for about 25% of the prison population in provincial/territorial facilities. More specifically, 31% of the female population, and 22% of the male population were First Nations in 2015. More than one in five admissions to men’s prisons are of Aboriginal descent, and one in three in women’s prisons. Although it can be said that more and more attention has been drawn to this issue by citizens and politicians alike recently, First Nations people continue to suffer from poverty, injustice, and a lack of opportunities compared to the average Canadian citizen. About one in four native children live in poverty, leading to criminal activity, and eventually

When considering why criminal law is important in achieving justice for Indigenous Australians it is pertinent to recognise that Indigenous people are grossly over-represented in the criminal justice system. Recent data suggests that Indigenous Australians aged 10 and over are 7.5 times

Nancy Macdonald (2016), an editor who works for the Maclean’s, writes an article on the way Indigenous and non-Indigenous citizens are treated by the law and police force. At least 36 per cent of the women and 25 per cent of men, who are Indigenous, were already sentenced to provincial and territorial custody in Canada. Nancy explains, from these scores, these statistics make up at least 4 per cent of the national population. She also explains, if you add in the federal prisons, the statistics will now account for 22.8 per cent Indigenous inmates of the total incarcerated population.

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1991 provided documentation on the death of indigenous Australians in prison or police custody. In doing so the report highlighted the substantial over representation of Aboriginal and Torres Strait Islander people in the Criminal Justice system and provided detailed analysis of underlying factors. The reports findings were believed to be the foundation of change. However, regardless of a range of policy changes and crime prevention programs in repose to the report, over representation in the criminal justice system remains. The issue is one of the most significant social justice and public policy issue in the contemporary Australian criminal justice system. The RCIADIC made 339 recommendations, most of which have been implemented into the criminal justice system over the past two decades. Never the less the systematic over representation remains prevalent. The purpose of this essay is to understand over representation as it exists in the contemporary criminal justice system. Particular emphasise will be placed on the levels of women and youths in the criminal justice system, their contact with the system and empirically based risk factors pertaining to over representation. An evaluation of alternative programs in the pre and post sentencing stage and the impact such programs would have on the over representation will be conducted.

When looking at the current criminal justice system in Canada, New Zealand, and Australia, it is clear that it has failed in the treatment of aboriginal people. This problem has strengthened the idea of restorative justice as a replacement of the traditional system. When looking at implementing circles into that realm of restorative justice, there needs to be an agreement that their practices are diverse, and therefore not to force the issue. Many traditional practices are very spiritually based, and it needs to be evident that

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).

How many inmates were isolated from their communities when they had committed a crime or when they got released from the prisons? And how many effective programs can be helpful for them?Many posts-release prisoners have experienced recidivism and social stigmas due to lack of programs. In fact, restorative justice for people in prison has played a big role in our correctional systems in many different ways.Restorative justice in prison shapes our prisoner 's morals and abilities by providing a suitable technique. Although punishment may play a part in restorative justice techniques, the central focus remains on relationships between the affected parties, and healing reached through a deliberative process guided by those affected parties.( Tsui,2014). For instance, many inmates have attended into reentry programs and educational orientations when they finished their time in prison. These programs cost less money for the government, and inmates can be reintegrated into societies easily. Many post-release prisoners have avoided recidivism after these effective programs taught them the value of lives. This study will examine the importance of restorative justice in prison, which is essential for our correctional facilities. Numerous studies have been done recently which focused on this restorative justice.For example, restorative justice answers the justice question in a different way.(Toews,p.5,2006).