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ISBN: 9781773635194-11

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Indigenous Corrections and Parole

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From: Reconciliation and Indigenous Justice

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Chapter 11 explores the possibilities for healing and rehabilitation grounded in Indigenous cultures within prison. It is based on a recognition that there will still be a need for Indigenous-based alternatives in a correctional setting for the time being, even as we pursue the long-term project of minimizing the need to incarcerate Indigenous people. There is certainly the potential for preventative programming and Indigenous justice processes to make significant strides towards ending Indigenous over-incarceration. The ultimate hope is to minimize the necessity to call upon incarceration, as is consistent with prison abolition, at least with respect to Indigenous Peoples. But that objective cannot be realized overnight. It may take years, even decades, to even approach accomplishing that goal. That means that significant numbers of Indigenous Peoples will remain in prison, and continue to find their way into prison, for the foreseeable future. That in turn means we must invest in effective initiatives for Indigenous Peoples within the walls of prisons, even as we engage in the long-term project of minimizing the need to incarcerate Indigenous Peoples. The chapter touches on topics such as the Theory of Indigenous Healing in Prison, Canadian Correctional Law, Lack of Resource Commitment, Security Classification and Parole, Risk Assessment and Parole, Indigenous Gangs and Parole, etc.

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Contributors

David Milward

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.