AP/SOSC 4659 6.00

Indigenous Peoples, Crime, And Justice

Crosslisted: AP/CRIM 4659

For many years, indigenous peoples have been over-criminalized and over-incarcerated in the Canadian criminal justice system. Indigenous peoples constitute approximately 20-25% of the male federal inmate population, and 30% of the federal female inmate population and the numbers are even higher in many provincial institutions. In addition, fully half of all the children currently in the child welfare system nationally are of indigenous descent. This course employs theoretical positions from criminology, post-colonial studies, native studies, history, political science, law, and sociology to explore the reasons for the perpetuation of this crisis. The course engages with several major themes relating to indigeneity and criminal law with a particular focus on the causes of the incarceration of indigenous peoples. These include (1) colonialism by law including the application of the “Doctrine of Discovery” and the law of terra nullius in Canada; (2) the criminalization of indigenous identities and cultural practices; (3) issues involving government policy including the failure of the Crown to uphold its fiduciary duty towards indigenous peoples and the rise of various forms of indigenous protest and government and police responses; and (4) the causes of crime in and among indigenous communities in Canada. The course also explores proposed “culturally sensitive” solutions to some of the systemic problems that have arisen with regard to indigenous groups and the criminal justice system. In Canada, these efforts have largely been confined to indigenous police services within reserves or across treaty areas and the implementation of “Gladue Courts.” Students evaluate the successes and failures of these institutions and explore alternatives such as the “tribal court” systems used in some U.S. jurisdictions. Finally, the course concludes with several segments on the usefulness of methods of Restorative Justice as an alternative to incarceration for indigenous offenders. Emphasis is placed on restorative justice in theory and in practice, and its potential as well as its limitations as a solution to indigenous over-incarceration in Canada.