Restorative Justice System Analysis
Braithwaite used restorative justice as a model to develop what he would term as shaming. There are two type of shaming, reintegrative and disintegrative. Disintegrative shaming “stigmatizes and excludes individuals, creating a “class of outcasts” (p. 99). While reintegrative shaming at first “evokes community disapproval, it attempts to “reintegrate the offender back into the community of law-abiding or respectable citizens through words or gesture of forgiveness of ceremonies to decertify the offender as deviant” (p.99).
A significant case was decided by the Supreme Court in R. v. Gladue in 1999, which involved s. 718.2(e), where it was decided that “all available sanctions other than imprisonment that are reasonable in the circumstance, should be considered for all offenders, with particular attention to Aboriginal offenders” (p.302). The justices of the Supreme Court commented on the case, stating that “the excessive imprisonment of Aboriginal people is only the tip of the iceberg insofar as the estrangement of the
Aboriginal peoples from the Canadian justice system is concerned” …show more content…
The first Aboriginal court system in Canada was created in October of 2000 on the Tsuu T’ina Nation. It was hailed as “the first comprehensive justice system in Canada…to address the glaring problems affecting First Nations people within Canadian criminal justice” (p.99). Now known as the Peacemaker court it had a First Nations judge, a Peacemaker program and controls its own