In Canada, sentencing has been the target of reforming the criminal justice system with a view to alleviating the over-representation of indigenous people in the criminal justice system and the historic injustice perpetuated against indigenous communities through colonialism. My thesis explores how sentencing decisions from the Nunavut Court of Justice construct and shape Inuit identity in Nunavut. My research analyzes the sentencing decisions of the Nunavut Court of Justice since its creation in 1999. Using selected sentencing decisions as case studies, I interrogate how the Court uses notions of “Inuit”, “Inuit culture”, and “Nunavut”, both implicitly and explicitly. I show how rather than a tool for alleviating the historic injustice perpetuated against indigenous people through colonialism and systemic racism, the sentencing process perpetuates historic injustice through constructing binary, essentialized notions of Inuit identity. The consequences affect both the criminal justice system and the realization of indigenous self-determination. I conclude that as a result the Nunavut Court of Justice exemplifies an intractable dilemma facing the criminal justice system for indigenous people that sentencing reforms cannot solve. I suggest new ways of imagining criminal justice and indigenous self-determination that provide hope for a way out of the intractable dilemma. / Graduate

This study presented a comparative analysis of two sets of criminal laws in colonial Jamestown under the Virginia Company of London with seventeenth century English law. The historical evidence indicated England's criminal code closely resembled Jamestown's military regime, also known as "Dale's Laws," from 1610 to 1619. But it was the strict disciplinary nature of Dale's Laws which provided security and stability in the infant colony thus creating an opportunity to institute a more benevolent criminal code and a representative form of government in 1619. Furthermore, this study determined Puritanism and the "Country" Party, both gaining power in England, provided the impetus for Virginia's reform movement. / Department of History

No description available.

Thesis (J.C.L.)--Catholic University of America, 1988. / Includes bibliographical references (leaves [46-49]).

Thesis (LL.M.)--University of Toronto, 2004. / Adviser: Bernard Dickens.

Thesis (Ph.D.)--University of Melbourne, Law School, 2006. / Typescript. Includes bibliographical references (leaves 273-303).

Univ., Diss.--Nijmegen, 2005. / Zsfassungen in franz. und engl. Sprache.

Thesis (M.A.)--Ohio State University, 2008. / Title from first page of PDF file. Includes bibliographical references (p. 85-89).

Thesis (M.A.) - Carleton University, 2006. / Includes bibliographical references (p. 130-136). Also available in electronic format on the Internet.

Thesis (J.C.L.)--Catholic University of America, 1996. / Includes bibliographical references (leaves 77-90).