Sanctioning and healing: Restorative justice in Canadian aboriginal communities

Abstract

Canada's Aboriginal peoples have experienced extensive conflict with the law and the criminal justice system historically and in contemporary times. Government‐sponsored initiatives designed to reduce the disproportionate involvement of Aboriginal peoples at all stages of the criminal justice system from arrest to incarceration have been largely ineffective. This paper focuses on the emergence of alternative justice programs and forums in Aboriginal communities which incorporate elements of traditional cultural practice. These developments are occurring against a larger political backdrop of the constitutional recognition of an inherent right to Aboriginal self‐government, the assertion of control by Aboriginal bands and communities over all aspects of community life, and the revitalization of Aboriginal communities and cultures. These initiatives, premised on a restorative model of justice, address the needs of victims, offenders and the community in a holistic framework. Such a framework which is designed not only to effectively sanction the offender, but to address the causes of the behaviour and to seek ways to restore harmony in the community. Specific programmatic initiatives are examined to illustrate the range and diversity of the restorative justice programs that have been developed and the potential and limitations of these approaches are discussed.