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67 U.N.B.L.J. 313 (2016)
Indigenous Restorative Justice: Approaches, Meaning & Possibility

handle is hein.journals/unblj67 and id is 319 raw text is: INDIGENOUS RESTORATIVE JUSTICE: APPROACHES, MEANING & POSSIBILITY Jeffery G. Hewitt** ABSTRACT This paper seeks to generate further understanding of Indigenous knowledge, methods, and laws relating to Indigenous restorative justice as a means to consider how we might better resolve various forms of disputes and reinvent versus revise Canada's criminal justice system. It also considers some of the ways in which funding and programming decisions of the state might obscure and perhaps even deepen the disparity in the relationship between Canada and Indigenous Peoples. Through various means, such as the use of indicators to support government agendas as well as theories of retribution and proportionality, the criminal justice system continues to be a site of ongoing colonialism. This paper considers how we might engage in decolonization by making more room for the holistic healing found within Indigenous models ofrestorative justice. CONTENTS I. Coyote Gets a Nam e .................................................................................... 314 II. O verview ......................................................................................................315 III. Defining Restorative Justice & Diversion.................................................316 IV. Biidaaban: Some Context for Restorative Justice Initiatives .................317 V. Debwewin as Common Ground ................................................................. 320 VI. Painting Pictures by Numbers ................................................................... 321 VII. Restorative Justice & Indicators ...............................................................322 VIII. Colonialism Came...And Settled In ...........................................................324 IX. Coyote's Imagination, the Canadian Criminal Justice System & Punishm ent .................................................................................................. 327 X. Addressing Overrepresentation through the Criminal Justice System? 330 XI. Som e Reflections........................................................................................... 333 I am grateful to the Canadian Institute for the Administration of Justice for accepting my proposal for the Charles D. Gonthier Research Fellowship and the opportunity to present this paper at the CIAJ's 2015 Annual Conference in Saskatoon entitled Aboriginal Peoples and Law: We Are All Here to Stay. I am also fortunate to be, among other things, a Visiting Scholar at Osgoode Hall Law School in 2015/16. I have benefited from the assistance of early drafts of a proposal for this paper by Dayna N. Scott and John Borrows as well as review of drafts of this paper by Benjamin Berger, Sonia Lawrence, Signa Daum Shanks and Anna Flaminio. This paper would not have been possible without the stellar work of my Research Assistants, James Ratis and Brady Farmer. Any errors are mine.

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