Table of Contents
Acknowledgements viii
1 The Legacy of Residential Schools 1
2 Different Views of Crime 11
Theoretical Constructions of Crime 11
Constructions of Crime and Justice Policy 13
3 The Seeds of Intergenerational Trauma 21
Stories and Studies of Trauma 21
Victimized in the Residential Schools 22
Abuse All Around: School and Home 24
Subsequent Substance Abuse 25
Mental Health 27
Racism in and outside of Residential Schools 27
Loss of Culture 30
Deficient Parenting 31
4 Intergenerational Trauma and Crime 38
Intergenerational Domestic Violence 39
Intergenerational Sexual Abuse 42
Poverty 43
Child Welfare 45
Substance Abuse in Later Generations 47
Fetal Alcohol Spectrum Disorder 49
Multiple Traumas 50
At a Community Level 52
5 Reconciliation So Far 63
What Is Meant by Reconciliation 63
The Calls to Action and Indigenous Justice 66
Reconciliation Moving Forward 69
6 The Status Quo Is Not Reconciliation 76
The Settlement Agreement 76
The Aboriginal Healing Foundation 77
The Problem with Deterrence 78
Punishment as Retribution 83
Indigenous-Specific Sentencing 89
Need for More Comprehensive Resolution 96
7 Preventative Programming 105
Justice Reinvestment and Long-Term Savings 105
Preventative Programming as Social Reparation 109
Indigenous-Specific Preventative Programming 114
8 Arguments for Indigenous Criminal Justice 122
Comparing Indigenous Justice to Restorative Justice 123
Why We Need Alternatives to Incarceration 125
Greater Victim Inclusion 126
Encouraging the Offender to be Responsible 127
Repairing Relationships 127
More Effective than Incarceration 128
9 Arguments against Restorative Justice 135
Power Imbalances 135
Getting Off Easy 140
Doubts about Greater Efficacy 141
Divergence of Interests between the Participants 143
Not Taking Harm Seriously 145
Economic Concerns 146
10 Ways Forward for Indigenous Justice 152
Procedural Protections 152
Making Indigenous Justice More Effective 154
Indigenous Justice and Offender Responsibility 161
Will No Progress Be Made? 166
11 Indigenous Corrections and Parole 177
The Theory of Indigenous Healing in Prison 178
Canadian Correctional Law 179
Does it Work? 181
Lack of Resource Commitment 184
Security Classification and Parole 187
Risk Assessment and Parole 194
Indigenous Gangs and Parole 196
12 Reconciliation in the Future 205
Index 210
