La justice pénale et les Autochtones: D'une justice imposée au transfert de pouvoirs

• Published in: Canadian journal of law and society
• Main Author: Jaccoud, Mylène
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2002
• Subjects: Law; Sociology and Political Science; Canada; Penal; First Nations
• Online Access: http://dx.doi.org/10.1017/s0829320100007262; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0829320100007262

Abstract The administration of the justice system within Native communities went through several transformations in Canada. Under the pressures of First Nations' claims, the model of imposition has left room for others based on adapation of practices, participation, consultation and partial power transfers towards Native communities. Such processes of power transfers within the justice field, which started in the 1990's, are part of a more general movement of communitarisation of the penal system or diversion of some conflicts. They are not specific to native communities and limited by several factors, particularly by the founding premisses of the relations between the State and the First Nations, meaning the principle of incorporation of Native Peoples into the law of the State and the socio-economic conditions of Native communities.