Cree Restorative Justice

This book explores the concept of justice through the eyes of six Omushkegowuk (Swampy Cree) Elders indigenous to northern Manitoba. The author presents a model of restorative justice based on the educational ideas, principles and practices of his people. The knowledge, philosophy, values and experience of the Omushkegowuk is succinctly drawn out, and espoused, by use of the Medicine Wheel, the character Wasekechak, narrative, and with reference to a holistic interpretation of life based upon interconnectedness and healing.--Publisher's description.

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

“I learned that the problems were much deeper than a flawed criminal justice system, and that our work needed to begin in our relationships with each other and the natural world, and most importantly, with ourselves.” (from the preface) Restorative justice, as it exists in Canada and the U.S., has been co-opted and relegated to the sidelines of the dominant criminal justice system. In Security, With Care, Elizabeth M. Elliott argues that restorative justice cannot be actualized solely within the criminal justice system. If it isn’t who we are, says Elliott, then the policies will never be sustainable. Restorative justice must be more than a program within the current system – it must be a new paradigm for responding to harm and conflict. Facilitating this shift requires a rethinking of the assumptions around punishment and justice, placing emphasis instead on values and relationships. But if we can achieve this change, we have the potential to build a healthier, more ethical and more democratic society.

Drawing on their shared experiences working with Aboriginal communities, the authors examine the outcomes of restorative justice projects, paying special attention to such prominent programs as conferencing, sentencing circles, and healing circles. They also look to Aboriginal justice reforms in other countries, comparing and contrasting Canadian reforms with the restorative efforts in New Zealand, Australia, and the United States.

This book addresses a number of key themes and developments in restorative justice, and is based on papers originally presented at the 6th International Conference on Restorative Justice in Vancouver. It is concerned with several new areas of practice within restorative justice, with sections on restorative justice and youth, aboriginal justice and restorative justice, victimization and restorative justice, and evaluating restorative justice. Contributors to the book are drawn from leading experts in the field from the UK, US, Europe, Canada, Australia and New Zealand.

Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.