Source: (2000) Paper presented at The Second International Conference on Conferencing and Circles: Restorative Practice in Action. Toronto, Ontario, Canada, 10-12 August 2000.

The author, an associate chief judge in Manitoba, Canada, reflects on his experience adjudicating cases for Aboriginal people (including youth). He contends that Aboriginal culture and systems are intrinsically in conflict with Euro-Canadian justice, and that this conflict necessarily means Aboriginal people will run afoul of the Euro-Canadian justice systems, to the failure of each. He points out specific Canadian policies and practices that undermined Aboriginal culture, and he discusses Aboriginal practices that were intended to deal with offenses in the community.

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