First Nations

Collaborative Inquiry
Assignment
Rachel and Kelly

Pre-reading Section
1. Will this article deal with a manslaughter
case?
2. How will the father in the article be punished
for his actions? Is he to blame?
3. What is a sentencing circle?

Pre-reading Section
4. How did the girls freeze to death?
5. How does the father deal with the after-math
of his actions?

During-reading Section - Kelly

What is the definition of criminal negligence?
Answer: The failure to use reasonable care to avoid
consequences that threaten or harm the safety of the public
and that are the foreseeable outcome of an action.

During-reading Section - Rachel

What is a sentencing circle?
Answer: A sentencing circle is a method of dispensing
justice in cases involving aboriginal offenders. Members of
the community, aboriginal elders, and sometimes family
members of the victim and the offender come together to
make sentencing recommendations to the judge.

Connection and Analysis Section

Culture, Religion, and Language - Article 12
1. Indigenous peoples have the right to manifest, practise, develop and teach
their spiritual and religious traditions, customs and ceremonies; the right to
maintain, protect, and have access in privacy to their religious and cultural
sites; the right to the use and control of their ceremonial objects; and the right
to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial
objects and human remains in their possession through fair, transparent and
effective mechanisms developed in conjunction with indigenous peoples
concerned.

Connection and Analysis Section

Self-government - Article 34
Indigenous peoples have the right to promote, develop and maintain their
institutional structures and their distinctive customs, spirituality, traditions,
procedures, practices and, in the cases where they exist, juridical systems or
customs, in accordance with international human rights standards.

Connection and Analysis Section

Culture, Religion, and Language - Article 11
1. Indigenous peoples have the right to practise and revitalize their cultural
traditions and customs. This includes the right to maintain, protect and develop
the past, present and future manifestations of their cultures, such as
archaeological and historical sites, artefacts, designs, ceremonies, technologies
and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may
include restitution, developed in conjunction with indigenous peoples, with
respect to their cultural, intellectual, religious and spiritual property taken
without their free, prior and informed consent or in violation of their laws,
traditions and customs.

Connection and Analysis Section

Political and Economic Rights - Article 23
Indigenous peoples have the right to determine and develop priorities and
strategies for exercising their right to development. In particular, indigenous
peoples have the right to be actively involved in developing and determining
health, housing and other economic and social programmes affecting them and,
as far as possible, to administer such programmes through their own
institutions.

Post-reading Section
1. We wonder if the father ever applied for an
appeal after his sentencing.
2. We wonder if the father feels that his
sentencing was appropriate for the given
circumstances.
3. We wonder how the father was treated by
his community members after the incident.

Post-reading Section
4. We wonder if the fathers actions affected the
way outsiders view his reserve.
5. We wonder if social workers dealing with
youth became more attentive towards issues
dealing with children on the reserve after the
incident.

Post-reading Section
In this case, should Canada be seen as a
successful example of the fulfillment of the
UNDRIP?
Answer: Yes.

Post-reading Section
Problem: Court systems often disregard
aboriginal justice systems.
Solution: In general, the court system should be
more lenient and accepting of indigenous
traditions, such as sentencing circles.

Post-reading Section
Problem: Sentencing circles may be biased
and may not accurately judge issues at hand.
Solution: The judge takes into account the fact
that the sentencing circle may be biased and
adjusts the ruling accordingly.

Thank you!