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The Canadian Residential Schools and Indigenous Human Rights

David Milward (University of Victoria, CAN)

Diversity in Criminology and Criminal Justice Studies

ISBN: 978-1-80117-002-4, eISBN: 978-1-80117-001-7

Publication date: 12 May 2022

Abstract

PurposeTo assess the potential significance of the gravesites of Canadian residential schools to criminology.

Methodology/ApproachThe current state of criminological theory with respect to crimes against humanity committed by the state is assessed, particularly with reference to any insights it may offer on the gravesites.

FindingsDenunciation of crimes against humanity is the one facet of successful prosecutions that would have value for residential school survivors. The current state of criminological theory for crimes by the state against humanity is inadequate for analyzing how and why those crimes are committed by democratic countries. The capacity of prosecutions by themselves to address the underlying social problems that fuel human rights abuses is limited. There is a need to explore how multi-faceted resolutions can both provide accountability for crimes against humanity and pursue long-standing solutions against further human rights abuses.

Originality/ValueGaps in criminology with respect to analyzing crimes against humanity committed by the state that are in need of further exploration and study are identified. There is a need to develop methodologies for analyzing crimes against humanity committed by democracies. Further study would have significance not only for Indigenous peoples, but also more broadly for racial minorities who are victimized in democracies. Denunciation of crimes against humanity is the only realistic benefit of prosecution. There is therefore a need to explore multi-faceted and enduring resolutions that are not limited to punishment.

Keywords

Citation

Milward, D. (2022), "The Canadian Residential Schools and Indigenous Human Rights", Silva, D.M.D. and Deflem, M. (Ed.) Diversity in Criminology and Criminal Justice Studies (Sociology of Crime, Law and Deviance, Vol. 27), Emerald Publishing Limited, Leeds, pp. 99-114. https://doi.org/10.1108/S1521-613620220000027007

Publisher

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Emerald Publishing Limited

Copyright © 2022 David Milward