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Understanding Restorative Justice Practice Within the Aboriginal Context

NCJ Number
183093
Journal
Forum on Corrections Research Volume: 12 Issue: 1 Dated: January 2000 Pages: 32-34
Author(s)
Melanie Achtenberg
Editor(s)
Larry Motiuk Ph.D.
Date Published
2000
Length
3 pages
Annotation
Restorative justice practices are becoming increasingly popular in Canada and elsewhere as the guideposts to effective corrections, both inside prisons and within the community; the philosophy of restorative justice is based on traditional practices of indigenous cultures around the world.
Abstract
Restorative justice principles are based on compassion and the view that everyone is an equal member of society and has a contribution to make to the greater good. Therefore, when a person becomes alienated or disconnected from society, it is the responsibility of everyone in society to bring the person back into a harmonious relationship with the rest of the community. Canada's Criminal Code requires a court to consider all available sanctions other than imprisonment that reasonably fit the circumstances, especially for Aboriginal offenders. The overrepresentation of Aboriginal people in Canada's correctional system is due in part to the historical relationship between Aborigines and the Canadian government. Because of this, it is necessary to change the dynamics of corrections from one of force, domination, and control to more restorative methods for implementing accountability and a correctional plan that ensures lower incarceration rates and improved community dynamics. Current sentencing trends in Canada demonstrate a willingness to create alternatives to incarceration because prisons are expensive and overcrowded. Restorative justice practices in the Aboriginal context provide sentencing alternatives that judges can use to enable offenders to take responsibility for the harm they have caused and to correct their behavior on a deeper and more meaningful level. Correctional institutions in Canada are now developing specific programs for Aboriginal offenders that encompass healing circles, counseling, and personal growth opportunities to help offenders change their lifestyle once they are on parole. Likewise, the prison culture is changing as elders and native liaison workers collaborate with other prison staff to create more peaceful solutions to prison conflicts and develop innovative options for the practice of restorative justice. 5 footnotes