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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