Indigenous Flashcards
Restorative Justice
Traditional Indigenous justice systems often emphasize restorative justice rather than punitive measures. This approach seeks to repair harm caused by an offense by focusing on healing the offender, the victim, and the community.
The idea is to restore balance and harmony within the community rather than merely punishing the offender.
Restorative justice practices in Indigenous communities can include talking circles, community meetings, or mediation where all parties (victim, offender, and community members) engage in dialogue.
Elders and Traditional Knowledge Keepers
Elders, knowledge keepers, and spiritual leaders play a central role in Indigenous justice systems. They are seen as trusted guides and sources of wisdom, helping to mediate disputes and offering spiritual and moral guidance to offenders.
Elder-led sentencing circles or healing circles may be used, where Elders provide input on appropriate resolutions that consider the context of the community and the individual’s life experiences.
These circles are part of a broader approach that emphasizes community-based justice and healing.
Cultural Relevance in Sentencing
the mainstream legal system in Ontario recognizes the importance of considering Indigenous cultural practices and historical context when sentencing Indigenous individuals.
Section 718.2(e) of the Criminal Code of Canada requires judges to take into account the unique circumstances of Indigenous offenders, including the impact of colonialism, residential schools, and systemic discrimination.
Indigenous communities often seek alternatives to incarceration, such as community-based programs, to address the root causes of offending, such as trauma, poverty, and intergenerational harm caused by colonial policies.
Alternative Sentencing and Healing Programs
There are several Indigenous-led alternative justice programs and healing initiatives in Ontario that focus on rehabilitation and reintegration into the community. Some of these programs include:
Sentencing Circles: A community-led approach where the victim, offender, their families, and community members work together to decide on an appropriate resolution.
Healing Lodges: Indigenous-led facilities that focus on rehabilitation and cultural practices, offering an alternative to conventional jails.
Cultural Programs: These programs allow offenders to reconnect with their cultural heritage, participate in traditional ceremonies, and gain insight into their personal challenges and relationships.
Indigenous Courts and Justice Initiatives
In Ontario, there are Indigenous courts or culturally relevant courts designed to address issues within Indigenous communities, such as the Kitchener-Waterloo Indigenous Court and the Toronto Indigenous Court. These courts seek to integrate Indigenous principles and traditions into the legal process.
The Gladue Report is an important tool in the criminal justice system, providing judges with information about an Indigenous offender’s background, including factors like residential school trauma, systemic racism, and loss of culture. It helps ensure that sentencing is more culturally sensitive and considers the impacts of colonization.
Land-Based Justice Programs
Some Indigenous communities in Ontario have adopted land-based justice programs, where offenders may participate in programs on the land to reconnect with their heritage, culture, and nature. This approach aims to promote healing through connection with the natural world, spiritual practices, and Indigenous values.
Collaboration with Mainstream Justice System
Many Indigenous communities and legal experts are advocating for better collaboration between Indigenous and non-Indigenous justice systems to ensure that Indigenous people are treated fairly and with respect for their cultural and legal traditions.
This collaboration includes training for police, prosecutors, and judges about Indigenous culture and legal practices, as well as ensuring that there are mechanisms in place to refer Indigenous offenders to community-based programs.
The Indigenous justice system in Ontario emphasizes healing, restorative justice, and cultural relevance, with a focus on repairing harm and restoring balance within communities. As the relationship between Indigenous communities and the justice system continues to evolve, there is a growing movement toward integrating traditional practices with mainstream legal frameworks to ensure a more inclusive, fair, and just system for all Ontarians.
Over representation
Indigenous people are overrepresented as both victims and offenders in Canada’s criminal justice system. In 2020/2021, the incarceration rate for Indigenous people was 8.9 times higher than for non-Indigenous people. Indigenous people are also more likely to be found guilty, receive more serious sentences, and less likely to receive probation.
