Swampy Cree Justice


Book Description




Cree Restorative Justice


Book Description

This book explores the concept of justice through the eyes of six Omushkegowuk (Swampy Cree) Elders indigenous to northern Manitoba. The author presents a model of restorative justice based on the educational ideas, principles and practices of his people. The knowledge, philosophy, values and experience of the Omushkegowuk is succinctly drawn out, and espoused, by use of the Medicine Wheel, the character Wasekechak, narrative, and with reference to a holistic interpretation of life based upon interconnectedness and healing.--Publisher's description.







Security, With Care


Book Description

Restorative justice, as it exists in Canada and the U.S., has been co-opted and relegated to the sidelines of the dominant criminal justice system. In Security, With Care, Elizabeth M. Elliott argues that restorative justice cannot be actualized solely within the criminal justice system. If it isn’t who we are, says Elliott, then the policies will never be sustainable. Restorative justice must be more than a program within the current system – it must be a new paradigm for responding to harm and conflict. Facilitating this shift requires a rethinking of the assumptions around punishment and justice, placing emphasis instead on values and relationships. But if we can achieve this change, we have the potential to build a healthier, more ethical and more democratic society.




Gender, Power, and Representations of Cree Law


Book Description

Drawing on the insights of Indigenous feminist legal theory, Emily Snyder examines representations of Cree law and gender in books, videos, graphic novels, educational websites, online lectures, and a video game. Although these resources promote the revitalization of Cree law and the principle of miyo-wîcêhtowin (good relations), Snyder argues that they do not capture the complexities of gendered power dynamics. The majority of the resources either erase women’s legal authority by not mentioning them, or they diminish women’s agency by portraying them primarily as mothers and nurturers. Although these latter roles are celebrated, Snyder argues that Cree laws and gender roles are represented in inflexible, aesthetically pleasing ways that overlook power imbalances and difficult questions regarding interpretations of tradition. What happens when good relations are represented in ways that are oppressive? Grappling with this question, Snyder makes the case that educators need to critically engage with issues of gender and power in order to create inclusive resources that meaningfully address the everyday messiness of law. As with all legal orders, gendered oppression can be perpetuated through Cree law, but Cree law is also a dynamic resource for challenging gendered oppression.




The Mystic Heart of Justice


Book Description

Almost daily we encounter a world that seems unjust, while the authorities we depend upon appear powerless or to be working on the wrong side. To make matters worse, we often feel judged by those same authorities - parents, teachers, employers, religious leaders. This book attempts to put things right.




The Wetiko Legal Principles


Book Description

In Algonquian folklore, the wetiko is a cannibal monster or spirit that possesses a person, rendering them monstrous. In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children. Friedland critically analyses Cree and Anishinabek stories and oral histories alongside current academic and legal literature to find solutions to the frightening rates of intimate violence and child victimization in Indigenous communities. She applies common-law legal analysis to these Indigenous stories and creates a framework for analysing stories in terms of the legal principles that they contain. The author reveals similarities in thinking and theorizing around the dynamics of wetikos and offenders in cases of child sexual victimization. Friedland’s respectful, strength-based, trauma-informed approach builds on the work of John Borrows and is the first to argue for a legal category derived from Indigenous legal traditions. The Wetiko Legal Principles provides much needed direction for effectively applying Indigenous legal principles to contemporary social issues.




Returning To the Teachings


Book Description

In his bestselling book Dancing with a Ghost, Rupert Ross began his exploration of Aboriginal approaches to justice and the visions of life that shape them. Returning to the Teachings takes this exploration further still. During a three-year secondment with Justice Canada, Ross travelled from the Yukon to Cape Breton Island, examining—and experiencing—the widespread Aboriginal preference for “peacemaker justice.” In this remarkable book, he invites us to accompany him as he moves past the pain and suffering that grip so many communities and into the exceptional promise of individual, family and community healing that traditional teachings are now restoring to Aboriginal Canada. He shares his confusion, frustrations and delights as Elders and other teachers guide him, in their unique and often puzzling ways, into ancient visions of Creation and our role with it. Returning to the Teachings is about Aboriginal justice and much more, speaking not only to our minds, but also to our hearts and spirits. Above all, it stands as a search for the values and visions that give life its significance and that any justice system, Aboriginal or otherwise, must serve and respect.




Restorative Justice & Responsive Regulation


Book Description

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.




Aboriginal Justice and the Charter


Book Description

Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.