Ethics of Accountability : Gladue, Race, and the Limits of Reparative Justice

Headings: 
Title: 
Ethics of Accountability : Gladue, Race, and the Limits of Reparative Justice
Journal Citation: 
30(3) CANADIAN JOURNAL OF WOMEN AND LAW, 522-542 (2018)

The author uses Sherene Razack’s concept of an ethics of accountability to argue that the Gladue process constitutes a restorative approach to sentencing that falls short when operationalized through discourses of racial differences. This is because, as Razack discussed, the use of a discourse of cultural difference obscures the complexity of racial difference in settler colonialism and multiculturalism, rendering power relations invisible and keeping dominant cultural norms in place. The author then mobilizes these ethical considerations to analyze several decisions written by Justice Shaun Nakatsuru, lauded by media and the legal community for their “progressive” treatment of Indigenous offenders. She argues that, in fact, the focus on culture, vulnerability, and pathology does little to disrupt the racial and gendered relations that structure settler colonialism or to address the disproportionate incarceration of Indigenous people. Through this analysis, the author reveals the perniciousness of a seemingly progressive criminal justice process that conflates retribution and reparation.