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Implicating the System

Judicial Discourses in the Sentencing of Indigenous Women

Format: Paperback / softback
Publisher: University of Manitoba Press, Winnipeg, Canada
Published: 30th Mar 2019
Dimensions: w 152mm h 229mm d 20mm
Weight: 443g
ISBN-10: 0887558283
ISBN-13: 9780887558283
Barcode No: 9780887558283
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Synopsis
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 issuesin 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 usage 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.

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Elspeth Kaiser-Derrick's work is an important read in light of the needs of truth and reconciliation. Her exploration of judicial discourses in the sentencing of Indigenous women reveal the multiple systemic failures of Canada's justice system. What judge's say and write is important because it reflects and refracts the inequalities and injustices that are embedded in our collective social order. Their words are demonstrative of the dire need for dramatic changes in Canada's justice system. The book is a must read for all persons concerned with justice,criminal law and human rights.