Mylène Jaccoud

La justice pénale et les Autochtones: D'une justice imposée au transfert de pouvoirs

The administration of the justice system within Native communities went through several transformations in Canada. Under the pressures of First Nations claims, the model of imposition has left room for others based on adapation of practices, participation, consultation and partial power transfers towards Native communities. Such processes of power transfers within the justice field, which started in the 1990s, are part of a more general movement of communitarisation of the penal system or diversion of some conflicts. They are not specific to native communities and limited by several factors, particularly by the founding premisses of the relations between the State and the First Nations, meaning the principle of incorporation of Native Peoples into the law of the State and the socio-economic conditions of Native communities.

Ethnicization of the Police in Canada

In this article, the authors carry out a documentary analysis of the stakes and debates surrounding the policies and practices of the recruitment of ethnicized and racialized groups within the Canadian police services. The analysis of the justifications set forth by the proponents of affirmative action in the police services as well as the identification of the questions which have prompted the debates, criticisms and hesitations regarding this policy bring the authors to conclude that the integration of minorized groups in the police services is less concerned with the redressing of inequities than with the development of a new process of racialization.

Le Droit, l'exclusion et les Autochtones.

The social exclusion of aboriginals is defined as a condition of non-citizenship that results from a rupture between a Nation and its “history”. This break-up process implies that certain individuals and groups have lost access to social, civil and political rights. Historically, the marginalization of aboriginals registered in the cursus of the incorporation to the Nation-State that was translated by an internal policy of reduction and segregation that contributed to the appropriation of lands that were materially and symbolically linked to them. This article intends to understand the role played by law, in such a rupture process, by examining more specifically the effects of the Indians Act. The author conceives that the imposition of law to the First Nations, has been the producer of exclusions by starting and then reinforcing the material and identity break-ups. In conclusion, the author proposes six theoretical principles permitting analysis of the complexity of relations between law and exclusion.

L'Histoire de l'imposition du processus pénal au Nunavik (Nouveau-Québec inuit)

This essay explores the imposition of the penal process in the Nouveau-Quebec Inuit area and makes explicit the diversity in the modes of intervention and in the conceptions of state justice since the turn of the century. Four periods corresponding to various goals and issues of penal intervention as well as four debates emerging around this intervention are identified. The analysis shows that the intricacy of political, economic, and cultural identity is put into jeopardy when the implementation of penal justice in an Inuit environment is attempted.