With its creation in 1999, the new territory of Nunavut hoped to solve the social and economical problems it was facing. For the second time in the history of the Poles, indigenous people were given the right by the government to decide their future. The first Inuit to be recognized were the Inuit from Greenland who obtained autonomy from Denmark, who granted them home rule in 1979. After a long non-violent struggle, the Inuit from Nunavut, "the men" in Inuktitut, the Inuit language, received the power to control the vast area stretching from the frontier with Greenland to the frontier with Quebec from Ottawa. Via the Nunavut Act, Nunavut was separated from the Northwest Territories and became the third Canadian territory along with Yukon and the Northwest Territories (NWT). Their mandates and powers come from the federal government, while the provinces received their authority from the British Crown via the Constitution Act of 1867. Therefore, the Inuit of Nunavut could be observed as a model of perseverance and strength and also as a guideline for many other indigenous tribes. However, all the changes which took place in their society were not always beneficial to the population. Inuit had to adapt the occidental way of thinking in a very limited time.
[...] The first definition of restorative justice was given in 1999 by Tony Marshall a British researcher. Restorative justice is process whereby all parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future. It is therefore a way of dealing with victims and offenders by focusing on the settlement of conflicts arising from crime and resolving the underlying problems which cause It implies such values as respectful dialogue, forgiveness, responsibility, community participation. [...]
[...] Finkler Ottawa: Minister of Indian and Northern Affairs - "Arctic Justice: On Trial for Murder, Pond Inlet, 1923” Shelagh D. Grant 2002 McGill-Queen's Native and Northern Series - Law of Primitive Man: A Study in Comparative Legal Dynamics”, Adamson Hoebel 1954 Harvard University Press restorative justice reader: texts, sources, context” Par Gerry Johnstone 2003 Willan Publishing - Parler en ville, parler de la ville: Essais sur les registres urbains François Leimdorfer, Paul Wald 2004 Editions MSH The Arctic promise Natalia Loukacheva 2007 University of Toronto Press Les derniers rois de Thulé Jean Malaurie 1989 (Edition of 2003) Terre humaine/PLON -“Bloody Falls of the Coppermine: Madness, Murder, and the Collision of Cultures in the Arctic McKay Jenkins 2005 Random House Inc New York Many Faces of Shame” Donald L. [...]
[...] They only heard the testimonies of the accused and of his parents. The accused finally resigned to dying claimed that if the council decided to punish him, they should shoot him away from the trial's place and if they were still not satisfied with the punishment, they could also kill his child. The council spared his life, under the condition that if the accused was again involved in another person's death in any way, his own death would follow quickly, in order to protect the society. [...]
[...] Today, this is not possible, so only the minor offences can be dealt with by the elders. The more serious ones should be dealt with by the Canadian court system.” Nowadays, the council takes place differently. In CJC, offenders, victims and families meet in a safe environment to discuss the consequences of criminal acts. There is no previous individual counseling with the offender. The reunion occurs under the protection of the RCMP and with a local During their basic training period, RCMP officers are introduced to restorative justice. [...]
[...] In its Justice Business Plan for 2003-2004, the Department of Justice stated that adversarial process of solving any disputes is culturally foreign to Inuit, and has been found not to be particularly successful”. But IQ is still not fully and correctly used. Some deplore that IQ is mostly the tool of the CJC, but these are only allowed to deal with minor offences. Many elders consider that “there is no restorative process” for any of the involved parties in a courtroom setting. [...]
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