Crim midterm

Colonization

A system where the dominant group controls Indigenous land, resources and people for its own benefit

Three effects of colonialism?

• dispossession (loss of land)

• Dependency

• Oppression

Why study Indigenous justice

To understand how colonialism created many of the injustices Indigenous people face today

Indigenous lens

Looking at issues from Indigenous perspectives instead of colonial perspectives

Overrepresentation

Indigenous people make up a small part of the population but a much larger part of the prison population.

what are the stats of Indigenous adults in custody

28% of admissions despite being about 5% of Canada's population.

What are the stats of Indigenous youth in custody

50% of admissions despite being about 8% of youth population.

What are the stats of Indigenous woman in federal prison

About 50% of federally incarcerated women are Indigenous.

What is Indigenous victimization

Indigenous people are overrepresented as both victims and offenders.

What is the victimization rate

28% of Indigenous people reported being victimized compared to 18% of non-Indigenous Canadians

Who is Duncan camipbell Scott

Government official who wanted Indigenous peoples assimilated into Canadian society.

what is assimilation

The process of forcing Indigenous peoples to abandon their culture and adopt European culture.

What is assimilation

The process of forcing Indigenous peoples to abandon their culture and adopt European culture.

What is “the Indian problem”

A colonial belief that Indigenous peoples should be absorbed into mainstream society.

what is the colonial problem

The idea that colonial policies created many of today's social inequalities.

What does indigenous mean

Means "sprung from the land" and is the preferred modern term.

What are the three indigenous groups in Canada

First Nations, Inuit, and Métis.

What are the two groups included in First Nations

Includes both status and non-status Indians.

What is a status Indian

A person registered under the Indian Act.

What is dislocation theory

People disconnected from their culture and community are more likely to experience addiction, despair, and suicide

What does suicidal contagion mean

Suicide can spread through close-knit communities experiencing similar hardships

Myth or fact : Indigenous people have special advantages

Myth - Many Indigenous people face restrictions and disadvantages under the Indian Act.

Myth or fact : First Nations have lots of land

Reserves make up only about 0.2% of Canada's land mass.

Reserve land ownership

Reserve land is owned by the Crown, not individual First Nations people.

What is Certificate of Possession (COP)

Allows a person to use reserve land but not own it.

Myth or fact - First Nations get free housing

Housing programs are limited and many people cannot obtain mortgages on reserve.

Myth or fact : Indigenous people don't pay taxes

Tax exemptions only apply to status Indians under specific conditions.

Myth or fact - Indigenous people get free education

Funding is limited and students often compete for available support.

What is the firewater myth

The false belief that Indigenous peoples are biologically more vulnerable to alcohol addiction.

What is a micro aggression

A subtle comment or action that reinforces stereotypes about Indigenous peoples.

Early Indigenous-settler relations

Indigenous peoples helped settlers survive and often maintained cooperative relationships.

Why were Indigenous peoples moved onto reserves?

To make land available for European settlement and increase government control.

Buffalo eradication

Destroyed a major food source and increased dependence on colonial systems.

John A. MacDonald quote (“Indians go with tribe…”) means what?

Colonial government tried to control who counted as “Indian” to manage rights and erase mixed identities.

Who is indigenous in Canada

First Nations, Métis and Inuit

First Nations includes what groups?

Status and non status Indians

What is the Indian register

Federal list (INAC) of legally recognized “status Indians.”

Do Inuit and Métis have a federal registry?

No

Why is defining identity important in colonial systems?

It is used to control rights, land, and who the government is responsible for.

What is Blood quantum (idea)

Measures “Indigenous ancestry” to limit who is recognized as Indigenous.

What is the idea “one drop rule”

One drop of Black ancestry classified a person as Black (used in U.S. slavery system).

Why were these systems created?

To serve state power (control populations, rights, and labor).

What is internalized oppression and how does it affect identity

When oppressed groups believe negative stereotypes about themselves.

→ People may adopt society’s stereotypes as part of their self-image.

Critical criminology focuses on what?

How power, inequality, and politics shape crime and justice.

What is feminist criminology

Crime and justice are shaped by gender and sex inequality.

What is marxists criminology

Laws are created by powerful groups to protect their interests.

What is indigenous criminology

Focuses on Indigenous experiences within colonial justice systems

Main focus of Indigenous criminology

High victimization and incarceration of Indigenous peoples in settler states.

Are indigenous women the Fastest growing incarcerated group in Canada.

What is the goal of decolonization

Remove dominance of Western ideas and rebuild Indigenous knowledge systems.

What is the key critique of western criminology

It may not explain Indigenous experiences in colonial systems.

What is restorative justice

Focuses on healing by bringing victim, offender, and community together.

Connection to indigenous practices?

Some roots in Indigenous traditions, but often adapted by the state

What is Section 718.2(e) of Criminal Code

Courts must consider alternatives to prison, especially for Indigenous offenders.

Critique of RJ (Indigenous scholars)

Traditional practices may be “repackaged” into Western systems.

What is the Problem with past research on Indigenous peoples

Often exploitative (e.g., residential school experiments).

What are the 3 principles of Indigenous research (Cunneen & Tauri)

Community-led research, understanding colonial systems, research from within communities.

Good Indigenous research means what?

Research WITH communities, not ON them

Indigenous teachings are what?

Wisdom, values, and life guidance passed through stories and Elders.

How are teachings shared?

Oral tradition, storytelling, and sometimes modern media.

Walking the Red Road” means what?

Living a balanced life based on spiritual and ethical teachings.

(Examples of values include honesty, respect, truth, humility, forgiveness, etc.)

Turtle Island refers to what?

North America in many Indigenous worldviews.

Earth-diver creation story

Animals bring earth from water to form land.

What is the Symbol of the turtle

Life, land, and creation.

What are the 4 sacred medicines

Sweetgrass

Tabasco

Sage

Cedar

What is smudging

Burning medicines to cleanse energy and restore balance.

Protocols mean what?

Rules of respect in Indigenous cultural practices.

Not touching regalia, respecting Elders, asking before photographing.

What is reciprocity

Mutual exchange of respect, gifts, and knowledge.

What are blanket ceremonies

Honours relationships, transitions, and respect through wrapping in a blanket.

7 Grandfather Teachings

Beaver (Wisdom), eagle (love), buffalo/bison (respect) , bear (bravery), Sasquatch/sabè (honesty), wolf (humility) , turtle (truth).

What is the role of elders and where are they found today

Knowledge keepers, teachers, cultural guides, spiritual leaders.

Communities, schools, universities, correctional institutions.

How did Indigenous governance function before European contact?

As sovereign, self-governing societies with their own laws, political systems, and land-based responsibilities.

Why is pre-contact Indigenous governance described as “egalitarian”?

→ Because people had roles in society, but power and resources were more shared and less hierarchical.

What role did land play in Indigenous governance systems?

Governance was shaped by relationships and responsibilities to the land, not ownership of it.

How did gender roles function in many Indigenous societies pre-contact?

Roles were complementary rather than hierarchical, with different forms of respected power.

What political power did Haudenosaunee women have?

They selected Chiefs and could remove them from leadership.

Why is the idea that Indigenous women were always subordinate incorrect?

Many societies were matrilineal or matrilocal, giving women authority in kinship, inheritance, and governance.

What is matrilineal descent?

Identity, inheritance, and lineage pass through the mother’s side.

What is the function of the clan system in Indigenous societies?

It organizes identity, marriage rules, and social responsibilities based on kinship groups.

Why could people not marry within their clan?

Because clans are considered extended family systems.

Why is the Great Law of Peace politically significant?

→ It is an oral constitution that influenced democratic governance models in North America.

What was the purpose of wampum belts?

To record treaties, laws, and historical agreements.

What does the phrase “Great Law of Peace” emphasize about governance?

→ That governance is based on peace, cooperation, and collective responsibility.

What is the difference between Indigenous law and Aboriginal law? Why is this distinction important?

Indigenous law comes from Indigenous legal traditions; Aboriginal law is created by Canadian courts about Indigenous rights.

Because one is self-determined law, while the other is state-controlled interpretation.

What did the Indian Act do to Indigenous governance systems?

→ Replaced traditional leadership with Band Council systems controlled by the federal government.

Why is imposed governance considered a colonial tool?

→ It centralized control over Indigenous land, people, and decision-making.

What tensions exist between hereditary and elected leadership systems?

Confusion and conflict over who holds legitimate authority.

What is self-determination in Indigenous contexts?

The right of Indigenous peoples to govern themselves and their territories.

What does Section 35 of the Constitution Act protect?

Aboriginal and treaty rights in Canada.

What is UNDRIP Article 3?

Affirms Indigenous peoples’ right to self-determination.

What does self-government actually include?

Authority over areas like health, education, policing, housing, and child welfare.

How do traditional Indigenous justice systems differ from Western systems?

They focus on restoration, healing, and community balance rather than punishment.

What is the purpose of banishment in traditional systems?

To protect community safety and restore balance after serious harm.

Why can banishment be controversial today?

Because it can conflict with modern ideas of rights and harm reduction.

What is reparations in Indigenous justice?

Making amends through gifts, compensation, or symbolic acts of restoration.

What does social control theory argue?

People follow laws because of social bonds, relationships, and community expectations.

What is reintegrative shaming?

→ A process that condemns behaviour but reintegrates the person into the community.

Why is reintegrative shaming controversial?

Critics argue it can become harmful or stigmatizing if misused.

What is settler colonialism?

A system where settlers permanently replace Indigenous populations on the land.

What is internal colonialism?

Control of Indigenous peoples through laws, institutions, and governance systems.