Arguments for Indigenous Criminal Justice
From: Reconciliation and Indigenous Justice
Chapter 8 explores how Indigenous communities are making full use of contemporary adaptations of their past justice practices that parallel restorative justice. As of yet, there is not a universally accepted definition of restorative justice, but it can be thought of as a justice process that includes the participation of anyone who may have been affected by the crime (and not necessarily limited to lawyers and judges), with the goal of searching for alternatives to imprisonment. The chapter does this by exploring how Indigenous Justice and Restorative Justice relate, what Alternatives to Incarceration looks like, pushes for Greater Victim Inclusion, and working against recidivism through the practice of encouraging the offender to be Responsible and repairing relationships with their community.
David Milward is an associate professor of law with the University of Victoria and a member of the Beardy’s & Okemasis First Nation of Duck Lake, Saskatchewan. He assisted the Truth and Reconciliation Commission with the authoring of its final report on Indigenous justice issues and is the author of Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights, which was joint winner of the K.D. Srivastava Prize for Excellence in Scholarly Publishing and was short-listed for the Canadian Law & Society Association Book Prize. He also co-authored The Art of Science in the Canadian Justice: A Reflection on My Experiences as an Expert Witness. Dr. Milward is the author of numerous articles on Indigenous justice in leading national and international law journals.