This was a qualitative research study involving Aboriginal offenders at a Federal institution in the Ontario Region. The purpose of this study was to illuminate the Aboriginal offenders‘ perspectives on their experiences that led to their incarceration. The major research questions guiding this study include: 1. What experiences do Aboriginal offenders feel contributed to their incarceration? 2. What do Aboriginal offenders feel could have prevented their incarceration? 3. How do Aboriginal offenders describe their experiences with the Residential School and child welfare systems? 4. What are the Aboriginal offenders' perspectives on their experiences with CSC‘s healing and intervention programs? One of the goals of this study was to provide information to CSC to improve the reintegration programs and help Aboriginal offenders become law abiding citizens. The data was collected from individual interviews, which was analyzed in detail to develop themes. The analyses sought for stories that captured the depth of the experiences that led to the Aboriginal offenders‘ incarcerations. This study provided the personal perspective of the offenders as to how the Residential School and child welfare system have impacted their lives, and offers some insight into the over-representation of Aboriginal offenders in the prison system. This study also demonstrated how the socio-economic situation of these Aboriginal offenders played a role in their path towards prison. It is important to capture the voices of the iii Aboriginal offenders‘ experiences towards incarceration. Their stories offer ways to help other Aboriginal people. We must have Aboriginal community members involved in the lives of Aboriginal youth to prevent them from getting into trouble, and find alternative positives outlets and activities. We must instill and provide hope and inspiration so that our youth have something to look forward to in their lives. I know this is happening to varying degrees in our Aboriginal communities; however, we need to keep working towards this goal. In addition, CSC might consider allocating more resources and financial assistance to Aboriginal communities, who are dealing with their people involved within the prison system. / Thesis (Master, Education) -- Queen's University, 2011-02-24 20:22:59.526

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

The goal of this study was to gather information from Aboriginal offenders and develop a categorical map that describes the factors that help and hinder maintaining a crime free life after incarceration. The critical incident technique was utilized to examine 42 Aboriginal offenders’ journeys from prison to the community. Three hundred and forty-one incidents collapsed into nine major categories representing themes that were helpful in maintaining a crime free life: 1) transformation of self; 2) cultural and traditional experiences; 3) healthy relationships; 4) having routine and structure in daily living; 5) freedom from prison; 6) purpose and fulfillment in life; 7) attempting to live alcohol and drug free; 8) professional support and programming; and 9) learning to identify and express oneself. Seventy-eight incidents formed four categories representing obstacles that interfere with maintaining a crime free life: 1) self; 2) unhealthy relationships; 3) substance use; and 4) lack of opportunity and professional support. The findings were compared and contrasted to two major theories in the literature: desistance and the risk-needs-responsivity principle. Most of the categories were well substantiated in the literature contributing knowledge to theory, policy, practice, and the community. Information obtained from this study provides an increased understanding of the needs of Aboriginal offenders and offers guidance concerning useful strategies to incorporate into their wellness plans when entering the community, most notably respecting Aboriginal culture and traditional practices. The findings also add awareness of those circumstances, issues, and problems that arise during transition that may be harmful or create obstacles to a successful transition.

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

The goal of this study was to gather information from Aboriginal offenders and develop a categorical map that describes the factors that help and hinder maintaining a crime free life after incarceration. The critical incident technique was utilized to examine 42 Aboriginal offenders’ journeys from prison to the community. Three hundred and forty-one incidents collapsed into nine major categories representing themes that were helpful in maintaining a crime free life: 1) transformation of self; 2) cultural and traditional experiences; 3) healthy relationships; 4) having routine and structure in daily living; 5) freedom from prison; 6) purpose and fulfillment in life; 7) attempting to live alcohol and drug free; 8) professional support and programming; and 9) learning to identify and express oneself. Seventy-eight incidents formed four categories representing obstacles that interfere with maintaining a crime free life: 1) self; 2) unhealthy relationships; 3) substance use; and 4) lack of opportunity and professional support. The findings were compared and contrasted to two major theories in the literature: desistance and the risk-needs-responsivity principle. Most of the categories were well substantiated in the literature contributing knowledge to theory, policy, practice, and the community. Information obtained from this study provides an increased understanding of the needs of Aboriginal offenders and offers guidance concerning useful strategies to incorporate into their wellness plans when entering the community, most notably respecting Aboriginal culture and traditional practices. The findings also add awareness of those circumstances, issues, and problems that arise during transition that may be harmful or create obstacles to a successful transition.

The goal of this study was to gather information from Aboriginal offenders and develop a categorical map that describes the factors that help and hinder maintaining a crime free life after incarceration. The critical incident technique was utilized to examine 42 Aboriginal offenders’ journeys from prison to the community. Three hundred and forty-one incidents collapsed into nine major categories representing themes that were helpful in maintaining a crime free life: 1) transformation of self; 2) cultural and traditional experiences; 3) healthy relationships; 4) having routine and structure in daily living; 5) freedom from prison; 6) purpose and fulfillment in life; 7) attempting to live alcohol and drug free; 8) professional support and programming; and 9) learning to identify and express oneself. Seventy-eight incidents formed four categories representing obstacles that interfere with maintaining a crime free life: 1) self; 2) unhealthy relationships; 3) substance use; and 4) lack of opportunity and professional support. The findings were compared and contrasted to two major theories in the literature: desistance and the risk-needs-responsivity principle. Most of the categories were well substantiated in the literature contributing knowledge to theory, policy, practice, and the community. Information obtained from this study provides an increased understanding of the needs of Aboriginal offenders and offers guidance concerning useful strategies to incorporate into their wellness plans when entering the community, most notably respecting Aboriginal culture and traditional practices. The findings also add awareness of those circumstances, issues, and problems that arise during transition that may be harmful or create obstacles to a successful transition. / Education, Faculty of / Educational and Counselling Psychology, and Special Education (ECPS), Department of / Graduate

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

This Thesis attempts to develop an understanding of the problems that Aboriginal offenders encounter in the Canadian justice system and examines why Euro-Canadian justice philosophy and mechanisms are not appropriate or effective. It is often very difficult for non-Aboriginal persons to understand that there is a difference between being Aboriginal and non-Aboriginal. This difference impacts offenders as they interact with the criminal justice system.<p> The sentencing circle is one process by which the sentencing judge can obtain a clearer picture of the offender and consider sentencing options other than the `usual punishment'. It is an opportunity for the offender to address the consequences of his or her actions and to seek the help of community and family. It is also an opportunity for the victim to be heard and to seek redress.<p> Current sentencing practices and theory are briefly examined as they bear on sentencing circles. Issues which have arisen as a result of the implementation of sentencing circles in Saskatchewan are examined (where possible, within the context of Saskatchewan case law).<p> The use of sentencing circles has raised questions about the current approach to sentencing as contrasted with the restorative approach of the circle. The restorative approach to justice is a recurring theme throughout the Thesis. The different approach of the sentencing circle to the offender and the involvement of the community in the sentencing process have raised questions about incarcerating offenders, about disparity in sentences, about the protection of the public, and about the role of the community, the family and victims in the sentencing and rehabilitative processes. These issues are examined.<p> This Thesis has also attempted to draw some conclusions about the larger issue of where sentencing circles may be leading the justice system and the Canadian public. Is the sentencing circle merely an innovation within the justice system that can provide a more effective sentencing mechanism than the sentencing hearing? Or, is the sentencing circle leading Aboriginal peoples towards their own justice systems?<p> The sentencing circle has forced an examination of current sentencing practices. This, in turn, has opened a window of opportunity to do some serious re-evaluation of the existing sentencing process.

The purpose of this thesis was to explore the impact of Aboriginal spirituality/culture on federally sentenced Aboriginal males at the Pe'Sakastew Centre. The Centre is a minimum security institution which is operated by the Correctional Service of Canada. The effects of Aboriginal spirituality/culture were explored through interviews with twelve Aboriginal men who were serving part of their sentences at the Centre. The men were asked a range of questions that dealt with childhood experiences, adult lifestyles and attitudes, prison experiences and programming, the Pe'Sakastew Centre, and the perceived effects on attitudes and behaviors by participating in Aboriginal spiritual/cultural programming. This study also addressed several specific issues including: the role of Aboriginal spirituality/culture in the healing/rehabilitation process; the presence of other contributing factors; and the difference between the Pe'Sakastew Centre and mainstream prisons.<p> This thesis research identified thematic patterns in the men's life stories. Many interviewees had difficult childhoods and their adult lifestyles reflected similar problems that revolved around chemical dependency, violence, gangs,illegal activities, and prison. While many interviewees reported negative prison experiences, they benefitted considerably by participating in Aboriginal spiritual/cultural programs. The benefits related to an enhanced ability to cope with the prison environment, to heal the wounds from childhood, and to deal with problems of alcohol/drug addiction and violence.<p>The interviewees reported five positive aspects of the Pe'Sakastew Centre including: the Centre's open and safe environment; the men have a responsibility to help themselves; the presence of Aboriginal people; the approach of the Centre; and the ability to release con mentality. The majority of interviewees described positive changes in attitudes and behaviors as a result of their participation in Aboriginal spiritual/cultural programming. Many reported a more positive attitude towards themselves and others. Several described themselves as being happier and able to deal with problems in a proactive manner. The interviewees revealed a high level of respect for the Elders, their knowledge, and the cultural values that they project to the men. It was concluded that Aboriginal spiritual/cultural programs contributes significantly in the process of healing/rehabilitation of Aboriginal men.

The purpose of this thesis was to explore the impact of Aboriginal spirituality/culture on federally sentenced Aboriginal males at the Pe'Sakastew Centre. The Centre is a minimum security institution which is operated by the Correctional Service of Canada. The effects of Aboriginal spirituality/culture were explored through interviews with twelve Aboriginal men who were serving part of their sentences at the Centre. The men were asked a range of questions that dealt with childhood experiences, adult lifestyles and attitudes, prison experiences and programming, the Pe'Sakastew Centre, and the perceived effects on attitudes and behaviors by participating in Aboriginal spiritual/cultural programming. This study also addressed several specific issues including: the role of Aboriginal spirituality/culture in the healing/rehabilitation process; the presence of other contributing factors; and the difference between the Pe'Sakastew Centre and mainstream prisons.<p> This thesis research identified thematic patterns in the men's life stories. Many interviewees had difficult childhoods and their adult lifestyles reflected similar problems that revolved around chemical dependency, violence, gangs,illegal activities, and prison. While many interviewees reported negative prison experiences, they benefitted considerably by participating in Aboriginal spiritual/cultural programs. The benefits related to an enhanced ability to cope with the prison environment, to heal the wounds from childhood, and to deal with problems of alcohol/drug addiction and violence.<p>The interviewees reported five positive aspects of the Pe'Sakastew Centre including: the Centre's open and safe environment; the men have a responsibility to help themselves; the presence of Aboriginal people; the approach of the Centre; and the ability to release con mentality. The majority of interviewees described positive changes in attitudes and behaviors as a result of their participation in Aboriginal spiritual/cultural programming. Many reported a more positive attitude towards themselves and others. Several described themselves as being happier and able to deal with problems in a proactive manner. The interviewees revealed a high level of respect for the Elders, their knowledge, and the cultural values that they project to the men. It was concluded that Aboriginal spiritual/cultural programs contributes significantly in the process of healing/rehabilitation of Aboriginal men.