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Reconciliation and Indigenous Justice

A Search for Ways Forward

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The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

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.
Chapter Title Abstract Contributors Pages Year Price

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Chapter 1 introduces the objective of the book, which is to examine reconciliation and Indigenous justice through exploring the legacy of residential schools and their role that this legacy plays … 10 $1.00

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Chapter 2 examines the historical, political, and societal factors that drive Indigenous over-incarceration. It focuses on the impacts of colonialism and more specifically on residential schools … 10 $1.00

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Chapter 3 focuses on the root causes of intergenerational trauma in many Indigenous communities. The chapter explores the risk factors that originated in the abuses suffered by those who directly … 17 $1.70

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Chapter 4 explores the connection between intergenerational trauma and crime. This chapter details how the abuse and trauma of residential schools affected both the individuals who attended and … 25 $2.50

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Chapter 5 explores how the idea of reconciliation has not been universally accepted. Providing a brief history of the terms use in relation to Indigenous Canadians, through the Royal Commission … 13 $1.30

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Chapter 6 explores how reconciliation is working to improve the lives of Indigenous Canadians. The chapter discusses the founding of both the Aboriginal Healing Foundation in 1998 and the … 29 $2.90

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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 … 17 $1.70

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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 … 13 $1.30

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Chapter 9 reviews arguments against Restorative Justice, which has faced increasing criticism in recent years. These criticisms will now be canvassed, along with examples that illustrate their … 17 $1.70

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Chapter 10 reexamines the criticisms of restorative justice to provide valuable insights into what can go wrong and what needs to be avoided. The chapter argues that these criticisms do not … 25 $2.50

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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 … 28 $2.80

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The conclusion focuses on the future direction and mission of reconciliation. The chapter focuses on the push towards a genuine partnership with Indigenous communities and the Canadian state. The … 5 $0.50