From: Reconciliation and Indigenous Justice
Chapter 7 argues for increases in Preventative Programming in Indigenous communities which allocate more resources toward improving social conditions in Indigenous communities and away from incarceration. The idea is that by addressing the social conditions that encourage Indigenous persons to become prosecuted under Canadian law, the need to incarcerate Indigenous persons would be minimized. There are at least two justifications for such an approach: One relies on pragmatic appeal to pursue long-term savings by lessening reliance on incarceration; the other is a substantive demand for social reparation. Topics discussed in this chapter are Justice Reinvestment and Long-Term Savings, Preventative Programming as Social Reparation, and Indigenous-Specific Preventative Programming.
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.