Parallel Perspectives

Restorative justice (RJ) is often praised for its focus on healing and reconciliation instead of punitive measures. However, it’s important to recognize that Indigenous restorative justice (IRJ) is not simply a variation of RJ; it is a distinct approach rooted in Indigenous worldviews and traditions. I’ve observed a concerning trend where non-Indigenous individuals adopt RJ practices without fully understanding their depth. For instance, at the Thunder Bay Courthouse, there is a "restorative justice court" within its Indigenous court that primarily serves non-Indigenous individuals. Many programs labeled as restorative justice tend to emphasize accountability over the true essence of RJ as reflected in Indigenous practices. This situation illustrates what I refer to as the colonization of restorative justice—appropriating Indigenous frameworks without respecting their original context. Because of this, I believe it’s essential to distinguish between RJ and IRJ. Let’s explore ...

The evolution of Gladue principles has reshaped how the Canadian justice system addresses the over-representation of Indigenous peoples in the penal system, extending beyond sentencing to impact various stages of legal proceedings. Initially designed to provide a more informed and compassionate approach to sentencing, Gladue principles have introduced both progress and challenges as they become integral to other aspects of the justice system. How Did Gladue Principles Evolve to Impact Bail Decisions? The application of Gladue principles, traditionally associated with sentencing, has undergone a significant evolution. Originally intended to address the over-representation of Indigenous peoples in the penal system during sentencing, these principles are now being adapted to the bail stage, reflecting a growing awareness of the unique challenges faced by Indigenous accused individuals. The pivotal moment in this evolution came with the Ontario Court of Appeal case R. v. Robinson (2...

  As we discussed last week, there are many different Indigenous programs and positions that work together to support Indigenous people navigating the legal system. These roles—such as Indigenous Bail Supervisors, Restorative Justice Coordinators, Gladue Report Writers, Gladue Aftercare Workers, and NILO Workers—each play a crucial part in addressing the unique needs and challenges faced by Indigenous individuals within the justice system. In this blog post, we’ll explore these roles in detail, examining how they contribute to the justice process and highlighting the variations in how they are applied across different communities and justice agencies. By understanding these roles and their flexible implementations, we gain a clearer picture of the efforts being made to create a more culturally sensitive and effective justice system. What is an Indigenous Bail Supervisor? For over three decades, Bail Verification and Supervision Programs (BVSPs) have been integral to the crimi...

Imagine stepping into a courtroom designed not just for legal proceedings, but for healing and understanding. This is the essence of Gladue Courts—an initiative born from a need to address the unique challenges faced by Indigenous individuals in Canada’s justice system. These courts strive to offer more than just sentencing; they aim to weave Indigenous practices into the fabric of justice. Through this blog, I’ll share insights and personal reflections on how these courts operate, the benefits they bring, and the hurdles they face. How Was the First Gladue  Court Developed? In 2000, following a Canadian Association of Provincial Court Judges conference on the Gladue decision, judges at Old City Hall Courthouse partnered with Aboriginal Legal Services (ALS) and Professor Kent Roach to address the challenges in applying Gladue principles. They found that the justice system lacked the necessary tools and processes to adequately consider the systemic and background factors affe...