A Report on the Relationship between Restorative Justice and Indigenous Legal Traditions in Canada

Conclusion

This report has explored the relationship between restorative justice and Indigenous legal traditions. It discussed restorative justice and Indigenous legal systems, demonstrating that while these approaches to justice share similarities in terms of underlying principles, and even in terms of processes and protocols, they are ultimately very different. This difference comes down to proactive strategies mediated through kinship, the centrality of spirituality, and the use of sanctions and penalties. These are very material differences, and should not be ignored.

This report also explored other issues, including the support Indigenous legal traditions have received from international and domestic sources, although the United Nations did recognize and support restorative justice in 2003. This led into a discussion of the current status of Indigenous legal traditions in Canada, including how Indigenous communities are currently ordered and governed according to laws that were created by Canada. This report also discussed how Indigenous legal systems are being revived in light of this ongoing oppression, although this report recognized that Indigenous legal systems will likely need to evolve to meet contemporary needs, as well as international human rights standards. However, this report mentioned how future offenders might be able to sign a document to waive their rights, and be subjected to corporal punishment. Finally, this report discussed the evolving relationship between restorative justice and Indigenous legal traditions, suggesting that the relationship will continue to evolve as long as there is continued engagement, dialogue, critique, and support. To conclude this report, engagement between these approaches to justice is fine, if not inherently necessary, since according to many Indigenous worldviews, history and relationships are cyclical, and therefore the way Indigenous legal traditions can learn from restorative justice is simply a rotation of the circle of life.