Do law reforms matter? Exploring the victimization− criminalization continuum in the sentencing of Aboriginal women in Canada
Abstract
In 1996 Canada introduced progressive sentencing law reforms, such as: restorative non-carceral alternatives for offenders to serve their prison sentence in the community under strict conditions for up to two years; and special consideration of Aboriginal offenders so that courts may take into account the detrimental effects of colonialism such as residential schools, family breakdown and substance abuse. This article is a quantitative examination of 168 reported sentencing decisions to assess the impacts of these reforms upon Aboriginal men and women convicted of violent offences. Findings presented here suggest that the potential of sentencing law reforms is realized unevenly across Canada, pursued most often in sexual assault cases, and seldom on behalf of Aboriginal women. I suggest sentencing law reforms are insufficient strategies to address the incarceration spiral of Aboriginal women when the conditions of their lives are contoured by legacies of trauma and neglect.
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Laws and policies render particular experiences stigmatized and prone to carceral responses, including trauma, mental health challenges, HIV nondisclosure, substance dependency, sex work, homelessness and citizenship.
“Laws and policies render particular experiences stigmatized and prone to carceral responses, including trauma (Balfour, 2013), mental health challenges (Boyd and Kerr, 2016;Michalski, 2015), HIV nondisclosure (Kilty andOrsini, 2019a, 2019b), substance dependency (Boyd et al., 2018), sex work (Krüsi et al., 2014), homelessness (Gaetz, 2013) and citizenship (Côté-Boucher, 2014;Bergen and Abji, 2019”
From Decolonizing Research on the Carceral in Canadian Political Science (2023) · cites this paper as Balfour, 2013
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Looking White People in the Eye
Razack, S. (1998) · doi:10.3138/9781442670204 · Cited by 521 · see citing works
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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 · see citing works
Re-Imagining “Serving Time” in Indigenous Communities
Murdocca, C. (2020) · Canadian Journal of Women and the Law · doi:10.3138/cjwl.32.1.02 · Cited by 9 · see citing works
Decolonizing Research on the Carceral in Canadian Political Science
Mussell, L. (2023) · Canadian Journal of Political Science · doi:10.1017/s0008423923000288 · Cited by 4 · see citing works
- Authors
- Balfour, G.
- Affiliations
- Trent University (CA)
- Corresponding author
- Balfour, Gillian
- ORCID
- Balfour, Gillian
- Venue
- International Review of Victimology
- Publisher
- SAGE Publications
- Published
- 2012-05-29
- Volume
- 19
- Issue
- 1
- Pages
- 85-102
- ISSN
- 0269-7580 (ISSN-L)
- 2047-9433
- OpenAlex
- W2141371397
- Cited by
- 35
- References
- 1
- Citations by year
- 2024: 1 · 2023: 3 · 2022: 3 · 2021: 5 · 2020: 5 · 2019: 3 · 2018: 3 · 2017: 5 · 2016: 1 · 2015: 3 · 2014: 1 · 2013: 1 · 2012: 1
- FWCI
- 6.33
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- International Review of Victimology (publishedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Criminal Justice and Penology
- Social Sciences › Sociology and Political Science › Criminal Law and Policy
- Keywords
- Aboriginal women, restorative justice, violent crime, sexual assault, incarceration, colonialism, residential schools, trauma, Canada
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