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Shruti Gola Gulati 1996.Pdf Université d'Ottawa University of Ottawa Healing the Circle: Exploring the Conjuncture of Peacemaking Criminology and Native Justice Initiatives Shruti Gola Gulati Shruti Gola Gulati 1996 Submitted to the Deparbnent of Crimlnology, University of Ottawa, in partial fuMllment of the mquirements tor the degm of Master of Arts 1996 National Library Bibliothéque nationale l*l ofCanada du Canada Acquisitions and Acquisitions et Bibliogtaphi Services services bibl-graphiques vara* voO8- Ourm NMm- The auîhor has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant a la National LI* of Canada to Bibliothèque nationale du Canada de reproduce, loan, distn'btne or seii reproduire, prêter, disûiiuer ou copies ofhis/her thesis by any means vendre des copies de sathèse de and in any form or format, making qyelque manière et sous plque this thesis available to interested fome que ce soit pour mettre des persons. exemplaires de cmthèse à la disposition des personnes intéressées. The author retains ownership of the L'auteur conserve la propriété du copyright in Merthesis. Neither &oit d'auîeur qui protège sa thèse. Ni the thesis nor substantial extracts la thèse ni des extraits substantieis de fiom it may be printed or otherwise celie-ci ne doivent être imprimés ou reproduced with the author's autrement reproduits sans son permission. autorisation. Peacemaking criminology is a non-violent movement against oppression. social injustice and violence as found within crïminology, criminal justice and Society in general. Richard Quinney proposes that crime and the criminal justice process are characteeed by suffering to victïms, offenders and çociety and that crime and justice problems rnay be eliminated or reduced by healing the suffering which makes them a possibility. A strategy of compassion and service is therefore advocated to affect suffering and thus crime. Peacemaking criminologists recognize the dialectical relatianship between the individual and society, each shaping and Ming shaped by the other. It is therefore important mat individuals achieve a measure of peace within themselves in order to move society in the direction of peace. To this end, peacemaking criminologists advocate spiritual practice, respect for the sacred and love as tools with which one may develop the discrimination to recognize injustice and the desire and ability to end suffering. This thesis discusses the peacemaking potential of Native justice initiatives within the context of Canadian criminal justice. Like peacemaking which rose as a revitalization of peaw and non-violence within criminology and its wneerns, Native justice initiatives can be viewed as a revitalization movement which has risen in response to the injustice of the criminal process for Native people. By Mering alternatives to criminal justice or hesiing approactïes within the structure of the conventional criminal process, Native justice initiatives seek to provide healing and restoration and a meaningful delivery of justice to Native people in conflid with the lm. The peacemaking potential of such alternatives lies in the obsewation that the curent euro-based structure of m-mina1 justice is foreign to the traditional spiritual and social understanding of Native people. The tragic co~is~guenœof Viis incompatibility is the overincarceration of Native people and the failure of conventional correctional programming ta help them. The offering of a process which is sensitive to the needs of Native people in conflict with the law is a move toward peace and -al justice within the Canadian criminal justice system which provides an illustration of how Peaœmaking may be achieved. This thesis proposes that Native Justice Initiatives facilitate a healing process behNeen Native people and the criminal justice proceçs and do not represent a full restoration to health. Deep healing for Native people in confiict with the law will require an ongoing process of understanding and accommodation both within the realm of Viminal justice and society in general. ACKNOWLEDGEMENTS As 1 began to write this page, I was reminded of a story told to me by my father. One day. four blind men came upon an elephant standing motioniess in the jungle. Not understanding what it was mat they had came across in the rniddle of their joumey, one of the blind men reached forward and grabbed ont0 its trunk. He announced to his fellow travellers that it was the root of a great tree. Another man caught hold of one of the elephant's legs and concluded that it was the pillar of an anüent palace. Still anoüter man touched the elephant's side, felt up to its back and announced that it was a huge wall. Although I had heard the story many times over the years, it was mt until recently that I understwd its meaning. In the same way that the blind men wuld not truly understand what the elephant was, any search for knowledge is Iimited by the searcher- As human beings, we are only able to daim an understanding or an opinion and not total knowiedge or truth. This work is offered in that spirit It is therefore approptiate to acknowledge those individuals who have contributed to my understanding of myself and of the worid around me. The forernost of these is Sri Satya Sai Baba, whose inspiration and guidance started me on the path to self-understanding. Professor Robert Gaucher of the University of Ottawa is respectfully acknowledged for urging me to make something useful for myself duting my studies and for his initiai insight into the wmmon ground between Peacemaking and Native Spirituality. Ah, 0.P- for sharing his way of Ife and understanding of traditional Mik' maq spintuality with patience and openness. A sincere thank you to my advisor, Professor Michael Petninik of the University of Ottawa for his patience through the many draft versions of this work and for his help in focusing and fine-tuning along the way. Also, thank you to Professor Wendy Chan of Saint Mary's University for helping me to clarify and organize rny research in its initial stages and to rny readers Professor Mans Los of the University of Ottawa and Professot Marie-Francoise Guedon of the University of Ottawa for their much appreciated and nwded contributions to the final draft Finally, to my family for their continual support and to Francesca for helping me to leam that with love, cornmitment and sacrifice, anything is possible. TABLE OF CONTENTS Abstract Introduction ii Chanter 1: Peacemaking Ctiminology, Origins and Understandings 11 Appmching hacemaking mmugh Hi*, SocSI RuwIity and Blogmphy. ... 2 A Response to Cn'sis in Consemtïsm and Incrl#sing Wnce.... 4 Richard Quinney: Fmm Positivhat to Rmcemaker..-.if UnderJtrndings of Crime, Sdbring and Semëe.... 2l Chanter 2: The Spiritual Foundations of Peacemaking Criminology 126 Hinduism: Tmnscendjng The Senses, The Mind and Fkwm.... 27 Buddhism, The Cessath of Sdibring.... 32 Chn'rtianiîy: An lnner Conversion..A6 Mahatma Gandhi and SaQmgmha, Actions hrPesce....37 Chaoter 3: Native Justice Initiatives, A Revitalization of Justice 144 Attempim to MicateSpiritrraliîy and Disinfqpîe Nations. ... 48 The Ndfbr CuItumIIy Rehmnt Criminal Justice Altemrtives .... B Chanter 4: The Sacred Understandings of the Natural Way 165 The Rok of Ehkrs, WicinePeople and Pure PeopEe....67 Nin. Native Eîhics and Principles of Living,...68 The Terchings of the Mik'maq Micine WheeL...73 Seven Sacred Teachings of tne Seven Clans.... 76 The SIcred Pipe of the People......77 - The Sweat Lodge .... 79 Cha~ter5: Healing the Circle 183 The Hollow WmProgf8m krSex OIRenâim....85 The Sentenci. Circk....88 Tlie Stan Dankfs Cenm.... 93 ïhe Okimciw Ohci Hmaling Lodge....% Cha~ter 6: Exploring the Conjuncture of Peacemaking Crirninology and Native Justice Initiatives Il01 RevitaIhation MovemenW.... 105 Peacemaking as RevHaIbillion in Criminology. ... lû6 Native Spiriuality in Cn'minaI Justice as RevitaIiraWn.... lfP Cornmon Spiritual Undemîanding.... 115 Conclusion A25 Glossary II 29 References 1133 Appendix 1 1141 INTRODUCTION Within the mntemporary discourse of criminology and conventional methods for controlling or eliminaüng crime, the emergence of peacemaking criminology, a non-violent criminology which is based in compassion and se~ke,marks a radically dïfïerent approach to crime, criminality, and injustice and their causes and solutions. Peacemaking criminology is founded on the understanding that crime and al1 that is associated with it such as vicümization and punishment, is characterized by suffering to al1 inwlved. It is very much a movement against prevailing theory and practice within criminology and cnminal justice which in recent decades in North America have reacted to crime and those whose lives are touched by it wiai increasing punitiveness and violence. it is important at the outset to articulate the peacemaking understandings of crime and suffèring as they are integral to its theoretical framewrk Pepinsky (1991~)has approached the definition of crime with the understanding that defining crime or the criminal varies according the political, economic, cultural or historical context in which such defining is done. Withe presence of such relaüvity, Pepinsky visualizes humans as being born into two large seas of interaction, one which may be described as violent or criminal and another which may never be described as violent or criminal. The "anti-crime sea* is characterized by synergetic interactions which Pepinsky calls "democracy". He contends that in a democratic interaction indiiduals "attend to
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