The Big QuestionCanada: Crime and Restorative JusticeKenya: Criminalizing PastoralistsAustralia: Abiding InjusticeChile: Land Reclamation is Not Terrorism: What Legacies of Colonialism Prevent Indigenous Peoples from Achieving Justice?

Abstract

Colonialism continues to obstruct Indigenous people’s quest for justice. In Canada, an estimated 150,000 Native children were stolen from their families and forced into residential schools. Designed to “kill the Indian and save the man,” these institutions isolated kids from their cultures and communities. Under this policy, Indigenous children often experienced sexual, physical, and emotional abuse, and were subjected to torture and medical experimentation, including studies on the effects of starvation. Canada’s last residential school closed in 1996, but both survivors and their families live with the persisting trauma. One legacy of the policy is a disproportionately high number of Indigenous people entangled in the criminal justice system. The harshest punishments fall on the most vulnerable in society, particularly minorities like First Nations, Inuit, and Métis. Those found guilty of a crime pay a steep price for their actions even after exiting a court or a jail, affecting not only their own lives but also the well-being of their communities. To limit the damage, many have called for a penal code that takes into account the severity of crimes committed and individuals’ criminal histories, and incorporates input from offenders’ support networks, like social workers and health-care providers. Following a Supreme Court ruling in 2012, courts in Canada are obliged to consider the impact of the life circumstances of Indigenous defendants during sentencing. The Gladue principle, named after an earlier case involving an