Justice in Aboriginal Communities

Ross Green holds a degree in commerce, and Bachelor and Master of Laws degrees. He has practised law in several of the communities described in this book and has advocated for the kind of sentencing alternatives he describes. He taught sentencing at the Saskatchewan Bar Admission Course and has taught a course on Alternatives to Criminal Justice for the University of Regina. He currently lives in Yorkton, Saskatchewan, where he is a Provincial Court Judge. He is also the co-author with Kearney Healy of Tough on Kids: Rethinking Approaches to Youth Justice (Purich Publishing, 2003), which won a Saskatchewan Book Award for scholarly writing.

• AcknowledgementsIllustrationsIntroductionPart 1: Conventional and Aboriginal Systems of Justice and Sentencing Compared1.   Sentencing Law and Practice in Canada2.   An Historical Overview of Aboriginal Perspectives on Justice3.   Aboriginal People and the Canadian Justice SystemThe Circuit Court as Absentee Justice SystemThe Misinterpretation of Aboriginal Offender Information and Behaviour at Sentencing4.  Opportunities for Community and Victim Participation and Sentencing Discretion in Conventional SentencingOpportunities for Community and Victim ParticipationCommunity and Victim Participation in Diversion Outside the Court SystemThe Role of Appellate review in Sentencing DiscretionJury Sentencing in the United StatesA Search for New ApproachesPart 2: Case Studies5.   The Sentencing CircleStatus of Circle Recommendations in the Criminal CodeCriteria for Circle SentencingDeterrence through Circle SentencingCircle Sentencing at Hollow Water, ManitobaCircle Sentencing at Sandy Bay, Saskatchewan6.  The Elders' or Community Sentencing PanelThe Elders Justice Advisory Council at Waywayseecappo, Manitoba7.  The Sentence Advisory CommitteeThe Sentence Advisory Process at Pelican Narrows, Saskatchewan8.  The Community Mediation CommitteeThe Justice Committee at the Mathial Colomb Cree Nation, Pukatawagan, ManitobaPart 3: Evaluation and Thoughts for the Future9. The Development and Impact of Community Sentencing and Mediation Initiatives10. Post-Colonialism, Legal Pluralism, and Popular JusticePost-ColonialismLegal PluralismPopular Justice11. Justice and Policy Issues Raised by Community Sentencing and MediationThe Court's Supervisory Role in Community Sentencing ApproachesPolitical Influence and Judicial IndependenceFinancial Infrastructure or Volunteer Support?Expansion of Community Sentencing ApproachesThe Potential Effect of Statutory Reform and Appellate Sentencing Review on the Development of Community SentencingPolicy Implications of Expanded Community Sentencing12. ConclusionNotesIndex