Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions.
The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick’s work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women’s victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration.
Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Authors
- Bibliography, etc. Note
- Includes bibliographical references and index
- Control Number Identifier
- CaOOCEL
- Description conventions
- rda
- Dewey Decimal Classification Number
- 364.6/508997071
- Dewey Decimal Edition Number
- 23
- Distributor
- Canadian Electronic Library (Firm),
- General Note
- Issued as part of the desLibris books collection
- Geographic Area Code
- n-cn---
- ISBN
- 9780887555558 9780887558283
- LCCN
- HV9308
- LCCN Item number
- K35 2019eb
- Modifying agency
- CaBNVSL
- Original cataloging agency
- CaBNVSL
- Physical Description | Extent
- 1 electronic text (408 pages)
- Published in
- Ottawa, Ontario
- Publisher or Distributor Number
- CaOOCEL
- Rights
- Access restricted to authorized users and institutions
- System Control Number
- (CaBNVSL)thg00978740 (OCoLC)1078787328 (CaOOCEL)457609
- System Details Note
- Mode of access: World Wide Web
- Title proper/short title
- Judicial discourses in the sentencing of Indigenous women
- Transcribing agency
- CaBNVSL
Table of Contents
- Cover 1
- Contents 6
- Introduction: Listening to What the Criminal Justice System Hears 8
- Chapter 1: Pathways through Feminist Theories, into the System 47
- Chapter 2: Sentencing Trauma: Gladue and the Continuum, Judicial Navigations 94
- Chapter 3: Incarceration Wounds: Judicial Discourses About Healing 188
- Conclusion: Refracted through Institutional Lenses 291
- Acknowledgements 320
- Notes 322
- Bibliography 380
- Index 406