Reconciliation and Indigenous Justice

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 1: The Legacy of the Residential Schools : Chapter 2: Different Views of Crime: 1. Theoretical Constructions of : 2. Constructions of Crime and Justice PolicyChapter 3: The Seeds of Intergenerational Trauma : 1. Stories and Studies of Trauma : 2. Victimized by the Residential Schools : 3. Abuse All Around: School and Home : 4. Subsequent Substance Abuse: 5. Mental Health : 6. Racism in and outside of Residential Schools : 7. Loss of Culture : 8. Deficient Parenting Chapter 4: Intergenerational Trauma and Crime: 1. Intergenerational Domestic Violence : 2. Intergenerational Sexual Abuse : 3. Poverty : 4. Child Welfare : 5. Substance Abuse in Later Generations : 6. FASD : 7. Multiple Traumas : 8. At a Community Level Chapter 5: Reconciliation So Far : 1. What is Meant by Reconciliation : 2. The Calls to Action and Indigenous Justice : 3. Reconciliation Moving Forward Chapter 6: The Status Quo is Not Reconciliation : 1. The Settlement Agreement : 2. The Aboriginal Healing Foundation: 3. The Problem with Deterrence: 4. Punishment as Retribution: 5. Indigenous-Specific Sentencing: 6. Need for More Comprehensive ResolutionChapter 7: Preventative Programming : 1. Justice Reinvestment and Long-Term Savings: 2. Preventative Programming as Social Reparations: 3. Indigenous-Specific Preventative ProgrammingChapter 8: Arguments for Indigenous Criminal Justice: 1. Comparing Indigenous Justice to Restorative Justice: 2. Why We Need Alternatives to Incarceration : 3. Greater Victim Inclusion: 4. Encouraging the Offender to be Responsible: 5. Repairing Relationships: 6. More Effective Than IncarcerationChapter 9: Arguments against Restorative Justice: 1. Power Imbalances: 2. Getting Off Easy: 3. Doubts about Greater Efficacy: 4. Divergence of Interests between the Participants: 5. Not Taking Harm Seriously: 6. Economic ConcernsChapter 10: Ways Forward for Indigenous Justice: 1. Procedural Protections: 2. Making Indigenous Justice More Effective: 3. Indigenous Justice and Offender Responsibility: 4. Will No Progress Be Made?Chapter 11: Indigenous Corrections and Parole: 1. The Theory of Indigenous Healing in Prison: 2. Canadian Correctional Law: 3. Does It Work?: 4. Lack of Resource Commitment: 5. Security Classification and Parole: 6. Risk Assessment and Parole: 7. Indigenous Gangs and ParoleChapter 12: Reconciliation in the Future:

“David Milward provides a clear-sighted and accessible engagement with the challenge of Indigenous over-incarceration and the continuing legacy of Indian Residential Schools, using compelling examples to present a pathway for doing justice better in Canada.”