Do law reforms matter? Exploring the victimization− criminalization continuum in the sentencing of Aboriginal women in Canada

Abstract

In 1996 Canada introduced progressive sentencing law reforms, such as: restorative non-carceral alternatives for offenders to serve their prison sentence in the community under strict conditions for up to two years; and special consideration of Aboriginal offenders so that courts may take into account the detrimental effects of colonialism such as residential schools, family breakdown and substance abuse. This article is a quantitative examination of 168 reported sentencing decisions to assess the impacts of these reforms upon Aboriginal men and women convicted of violent offences. Findings presented here suggest that the potential of sentencing law reforms is realized unevenly across Canada, pursued most often in sexual assault cases, and seldom on behalf of Aboriginal women. I suggest sentencing law reforms are insufficient strategies to address the incarceration spiral of Aboriginal women when the conditions of their lives are contoured by legacies of trauma and neglect.