Aboriginal sentencing reform in Canada– prospects for success: Standing tall with both feet planted firmly in the air.

Source: (2000) E Law – Murdoch University Electronic Journal of Law 7 (March).

Haslip begins by noting Canada’s high rate of incarceration and the disproportionate incarceration of Aboriginal peoples. Sentencing reform in the 1990s urged the use of alternative sanctions, such as community-based sanctions, especially for Aboriginal peoples. Haslip believes that the reforms inadequately address the causes of Aboriginal offending and that critical problems exist in the practical application of the reforms. To argue her perspective, she examines the sentencing reforms in relation to Aboriginal offending and Aboriginal alienation from the criminal justice system. She also considers the tension between retributive and restorative elements in Canadian law and criminal justice, particularly in the courts when sentencing decisions are made. Haslip concludes with legislative and other recommendations to maximize the effects of sentencing reform with respect to incarceration of Aboriginal peoples