The DOI matches its Crossref record; 2 of the 2 references it cites were found in a registry or an index.
Aboriginal Knowledges in Specialized Courts: Emerging Practices in Gladue Courts
Open accessAbstract
Reforms to Canadian sentencing law in 1996 and the Supreme Court of Canada decision R. v. Gladue [1999] opened the door to a new normative set of legal practices that endeavour to integrate racial knowledge about offenders’ collective and individual experiences of race relations and oppression into traditional legal criminal practices. One outcome of the reforms and court cases was the formation of dedicated Gladue courts for Aboriginal peoples. This paper explores the formation of Gladue courts, the legal techniques used to produce contextualized racial knowledges, how this information is admitted as evidence before the court, and how this knowledge is used to reframe legal subjects and the risk they pose.
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“Moreover, it decontextualizes understanding of Gladue principles (i.e., portrays Indigenous young offenders as damaged, 'risk-prone' offenders rather than as those who are 'put at risk' by colonial conditions); thereby, it results in severer risk-evaluations for them (Maurutto & Hannah-Moffat, 2016).”
From Colonization, Normalization and Risk-Assessment: The Case of Youth Criminal Justice Act and Correctional Overrepresentation of Indigenous Youth in Canada (2025) · cites this paper as Maurutto & Hannah-Moffat, 2016
Citations
Cites
Storytelling for Oppositionists and Others: A Plea for Narrative
Delgado, R. (1989) · Michigan Law Review · doi:10.2307/1289308 · Cited by 1,939
Gladue: Beyond Myth and towards Implementation in Manitoba
Milward, D., & Parkes, D. (2011) · Manitoba Law Journal · doi:10.29173/mlj794 · Cited by 10
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Cited by
Sorted by citations
Intergenerational Imprisonment: Resistance and Resilience in Indigenous Communities
Mussell, L. (2020) · Journal of Law and Social Policy · doi:10.60082/0829-3929.1396 · Cited by 17
Barmaki, R. (2025) · International Criminology · doi:10.1007/s43576-025-00170-8 · Cited by 1
Metadata
- Authors
- Maurutto, P., & Hannah-Moffat, K.
- ORCID
- Maurutto, Paula
- Venue
- Canadian Journal of Law and Society / Revue Canadienne Droit et Société
- Publisher
- Cambridge University Press (CUP)
- Published
- 2016-12
- Volume
- 31
- Issue
- 03
- Pages
- 451-471
- ISSN
- 0829-3201 (ISSN-L)
- 1911-0227
- OpenAlex
- W2567437731
- Cited by
- 15
- References
- 2
- Citations by year
- 2026: 2 · 2025: 1 · 2023: 1 · 2022: 2 · 2021: 2 · 2020: 4 · 2019: 1 · 2018: 1 · 2017: 1
- FWCI
- 2.86
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Canadian Journal of Law and Society / Revue Canadienne Droit et Société (publishedVersion)
- Project Muse (Johns Hopkins University) (submittedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Indigenous Peoples' Rights and Law
- Social Sciences › Law › Criminal Justice and Penology
- Keywords
- Aboriginal peoples, sentencing reform, racial knowledge, criminal justice, legal technique, admissibility of evidence, risk assessment
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