The overrepresentation of Aboriginal women in Canada's justice 1 system is a longstanding social problem that is reflective of wider social and economic differences for Aboriginal peoples. While other minority and/or marginalized groups in Canada may experience similar intersections of race, gender, and class, a special ‘context of difference’, grounded in the colonial legacy of assimilationist policies, exists for Canadian Aborigines. It is argued that a cycle of violence and criminality for Aboriginal women has emerged from this context of difference. The relationship and tensions that exist between the ‘cycle’ and the ‘context’ are explored in an attempt to determine the nature of both. The implications of the relationship on the legal realities for Aboriginal women are discussed as well as the traditional and contemporary theoretical explanations offered for its existence. The paper concludes by considering possibilites for breaking the cycle.
Get full access to this article
View all access options for this article.
References
1.
BontaJamesPangBessie & Wallace-CapretaSuzanne (1995) “Predictors of Recidivism Among Incarcerated Female Offenders”, The Prison Journal, vol 75, pp. 277–294.
2.
BontaJamesLaPrairieCarol & Wallace-CaprettaSuzanne (1997) “Risk Predictions and Re-Offending: Aboriginal and Non-Aboriginal Offenders”, Canadian Journal of Criminology, vol 39, pp. 127–144.
3.
British Columbia Task Force on Family Violence (1992) “Is Anyone Listening?” Report of the British Columbia Task Force on Family Violence, Victoria: Minister of Woman's Equality.
4.
Canadian Panel on Violence Against Women (1993) Changing the Landscape: Ending Violence — Achieving Equality, Ottawa: Minister of Supply and Services.
5.
ComackElizabeth (1996) Women in Trouble, Fernwood Publishing, Halifax, Nova Scotia.
6.
Correctional Service of Canada (1996) Profile of Aboriginal Sex Offenders, Correctional Service of Canada, Research Branch, Ottawa.
7.
Correctional Service of Canada (1997) Risk and Need Among Federally-Sentenced Female Offenders: A Comparison of Minimum, Medium, and Maximum Security Inmates, Correctional Service of Canada, Research Branch, Ottawa.
8.
FaithKarlene (1993) Unruly Women, Press Gang Publishers, Vancouver.
9.
FaithKarlene (1995) “Aboriginal Women's Healing Lodge: Challenge to Penal Correctionalismf, inJacksonMargaretBanksSam (Eds.), Ten Years Later: The Charter and Equality for Women, Public Policy Programs, Simon Fraser University, Burnaby, BC.
10.
GreenRoss G. (1998) Justice in Aboriginal Communities, Purich Publishing, Saskatoon, Saskatchewan.
11.
GreenbergJames (1988) “An Ethnography of Law and Violence in Oaxaca, Mexico”, Arizona Journal of International and Comparative Law, vol 5, pp. 69–104.
12.
GreschnerDonna (1992) “Aboriginal Women, the Constitution and Criminal Justice”, University of British Columbia Law Review, Special Edition, vol 26, pp. 338–359.
13.
HackmanJennifer (1995) “Hemon v. State [535 N.E. 2nd 1189 (Ind. 1989)]: Rape Trauma Syndrome Used by the Defendant as Well as the Victim”, The American Journal of Trial Advocacy, vol 19, pp. 453–469.
14.
HallNeal (1999) “Metis Spared Jail in Husband's Death”, The Vancouver Sun, January20, 1999: Al.
15.
HomelRossLincolnRobyn &. HerdBruce (1999) “Risk and Resilience: Crime and Violence Prevention in Aboriginal Communities: Prospects for prevention”, Australian and New Zealand Journal of Criminobgy, vol 32, pp. 182–196.
16.
HyltonJohn (1994) Aboriginal Self-Government in Canada, Purich Publishing, Saskatoon, Saskatchewan.
17.
IvensAndy, No Jail Time for Killer, The Province, January20, 1999: A2.
18.
JacksonMargaret (1985) “Unequal Justice Before the Law”, Published Proceedings from the Canadian Law and Society Annual Meetings, Montreal.
19.
JacksonMargaret (1995) “Aboriginal Women and Self-Government”, inHyltonJohn (Ed.), Aboriginal Self-Government in Canada, Purich Publishing, Saskatoon, Saskatchewa.
20.
JaffePeter (1995) “Children of Domestic Violence: Special Challenges in Custody and Visitation Dispute Resolution”, inCarterJanet (eds.), Domestic Violence and Children: Resolving Custody and Visitation Disputes, A National Judicial Curriculum, London Family Court Clinic, London, Ontario.
21.
Juristat Service Bulletin, Canadian Centre for Justice Statistics, (1991) Adult Female Offenders in the Provincial/TerritorialCorrections Systems, 1989–1990, Volume 11: pp. 1–10.
22.
KirknessVerna (1987) “Emerging Native Woman”, Canadian Journal of Women and the Law, vol 2, pp. 408–415.
23.
KlineMarlee (1992) “Child Welfare Law, Best Interests of the Child Ideology and First Nations”, Osgoode Hall Law Journal, vol 30, pp. 275–425.
24.
KoshanJennifer (1997) “Sounds of Silence: The Public/Private Dichotomy, Violence, and Aboriginal Women”, inBoydSusan B. (ed.) Challenging the Public/Private Divide: Feminism, Law, and Public Policy, University of Toronto Press, Toronto.
25.
LaPrairieCarol (1987) “Native Women and Crime: A Theoretical Model”, The Canadian Journal of Native Studies, vol VII, pp. 121–137.
26.
LaPrairieCarol (1995) Seen But Not Heard, Department of Justice Canada, Ottawa.
27.
LaPrairieCarol (1999) “Current Changes in Criminal Justice Policy: What are the implications for Aboriginal Over-representation in Canadian Prisons?”, Australian and New Zealand Journal of Criminology, vol 32, pp. 139–152.
28.
LeahRonnie (1995) “Aboriginal Women and Everyday Racism in Alberta: From Lived Experiences of Racism to Strategies for Personal Healing and Collective Resistance”, Journal of Human Justice, vol 6, pp. 10–29.
29.
LovickDale[Aboriginal Affairs Minister] (1999) “Prelude to Another Aboriginal Treaty”, The Vancouver Sun, January27, 1999: A15.
30.
MassonK.M. (1992) Familial Ideology in the Courts: The Sentencing of Women, unpublished Master's thesis, School of Criminology, Simon Fraser University.
31.
MclvorSharonNahaneeTeressa (1998) “Aboriginal Women: Invisible Victims of Violence”, inBonnycastleKevinRigakosGeorge S. (eds.) Unsettling Truths, Collective Press, Vancouver.
32.
Monture-AngusPatricia (1995) Thunder in My Soul, Fernwood Publishing, Halifax.
33.
National Center on Women and Family Law (1991) The Effect of Woman Abuse on Children: Psychological and Legal Authority, National Center on Women and Family Law, New York.
34.
NightingaleMargo (1991) “Judicial Attitudes and Differential Treatment: Native Women in Sexual Assault Cases”, Ottawa Law Review, vol 23, pp. 71–98.
35.
O'NeilPeter, Ottawa Should Scrap ‘Racist’ Law, Reform MP Says, The Vancouver Sun, January22, 1999: A15.
36.
PalumboDeborahPalumboJacqueline (1992) What is Their Truth? Listening to the Voices of Aboriginal Federally-Sentenced Women, Criminology Course Assignment for Patricia Monture-OKanee.
37.
Performance Assurance, Correctional Service of Canada, Profile of Women Offenders, February, 1998.
38.
R. v. Gladue, [1999] S.C.C., File No.: 26300, on appeal from the Court of Appeal for British Columbia.
39.
Racial Background Key Part of Argument at Sentencing Hearing, HowardCori, The Globe and Mail, January11, 1999: A3.
40.
RiceMarcia (1990) “Challenging Orthodoxes in Feminist Theory: A Black Feminist Critique”, inFeminist Perspectives in Criminology, inGelsthorpeLoraineMorrisAllison (eds), Open University Press, Philadelphia, pp. 57–69.
41.
ShawMargaretRodgersKarenBlanchetteJoanneHattemTinaThomasLee Seto, & TamarackLada (1991) Survey of Federally Sentenced Women, Ottowa: Report to the Task Force on Federally Sentenced Women on the Prison.
42.
Statistics Canada (1995), Women in Canada, Third Edition, Moore, Elizabeth, Cat. No. 89-503E, pp. 147–162.
43.
StratonJack (1993) “What is Fair for Children of Abusive Men?” Journal of the Task Group on Child Custody Issues of the National Organization for Men Against Sexism, vol 5, pp. 1–12.
44.
SugarFranFoxLana (1990) Survey of Federally Sentenced Aboriginal Women in the Community, Native Women's Association of Canada, Ottawa.
45.
Top Court Weighs ‘Indianness’ as Sentencing Factor, The Vancouver Sun, December11, 1998: A10.
46.
TurpelMary Ellen (1993) Patriarchy and Paternalism: The Legacy of the Canadian State for First Nations Women, Canadian Women and the Law, vol 6, pp. 174–192.
47.
WarhaftBarryPalysTed & BoyceWilma (1999) ‘“This is How We Did It’: One Canadian First Nation Communities Efforts to Achieve Aboriginal Justice”, Australian and New Zealand Journal of Criminology, vol 32, pp. 168–181.
48.
Valencia-WeberGloria & ZuniChristine (1995) Domestic Violence and Tribal Protection of Indigenous Women in the United States, St. John's Law Review, vol 69 (December), pp. 867–873.
49.
ZionJames, and ZionElsie (1993) “Hozho ‘Sokee’ — Stay Together Nicely: Domestic Violence Under Navajo Common Law”, Arizona State Law Journal, vol 25 (December), pp. 407–426.
