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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:SSU.etd-01172008-105836 |
| Date | 14 April 2008 |
| Creators | Orchard, Bonnie E. |
| Contributors | Quigley, Tim, Levy, Chris, Henderson, James (Sákéj) Youngblood, Zlotkin, Norman K. |
| Publisher | University of Saskatchewan |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://library.usask.ca/theses/available/etd-01172008-105836/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University of Saskatchewan or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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