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This chapter provides a genealogy of the Gladue–Ipeelee principle of special consideration of Indigenous circumstances at sentencing. The principle is codified in the 1996 statutory requirement that “all available sanctions other than imprisonment … should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders” (s. 718.2e of the Criminal Code of Canada). Using the Foucaultian genealogy method to produce a “history of the present,” this chapter eschews normative questions of how s. 718.2e has “failed” to reduce Indigenous over-incarceration to instead focus on how practices of “special consideration” reproduce settler-state paternalism. This chapter addresses three key components of the Gladue–Ipeelee principle: the collection of circumstances information, the characterization of those circumstances, and finally their consideration at sentencing. Part one focuses on questions of legitimacy and authority and explicates how authority and responsibility to produce Indigenous circumstances knowledge was transferred from the Department of Indian Affairs (DIA) to Indigenous Courtworker organizations in the late 1960s/early 1970s. Part two identifies how authority shapes problematization by examining the characterization of Indigenous circumstances in the two eras, finding that present-day Gladue reports articulate an Indigenous history and critique of colonialism as the root cause of Indigenous criminalization, whereas DIA reports prior to 1970 generally characterized this criminalization as a “failure to assimilate.” Part three focuses on the structural reproduction of power relations by exploring historical continuities in judicial and executive-branch consideration of Indigenous circumstances, suggesting that the Gladue–Ipeelee principle reinscribes a colonial “mercy” framework of diminished responsibility. The author discusses how the principle operates in the shadow of Indigenous over-incarceration as a form of state “recognition” and a technique of governance to encourage Indigenous participation in the settler justice system and suggests that the Gladue–Ipeelee principle produces a governing effect that reinforces settler-state authority by recirculating colonial practices and discourses of settler superiority.

To ensure that students are well prepared to successfully analyze this case, they should be familiar with the following concepts, theories and principles:

▪ Stakeholder theory

▪ Concept of duty to consult and accommodate

▪ Concept of social license to operate (SLO)

▪ Concept of indigenous economic self-determination

▪ Indigenous world view

▪ Seventh generation principle

▪ Cree principles

▪ Dene principles

The information provided in this case was gathered by the authors through face-to-face interviews, phone interviews, e-mail exchanges and secondary research. Meadow Lake Tribal Council (MLTC) separates business operations from council operations through use of corporate entities (as shown in Exhibit 1 of the case). Meadow Lake Tribal Council II (MLTCII) is the corporate entity that oversees two companies referenced in the case: Mistik Management and NorSask Forest Products LP. Interviews were conducted with the General Manager at Mistik Management, Certification Coordinator at Mistik Management, Chief of Buffalo River Dene Nation, Chief of Waterhen Lake First Nation, MLTC Vice-Chief, Board Member and Advisor to MLTCII, President and CEO of MLTCII, MLTCII Business Development Consultant and a former consultant with MLTC, NorSask Forest Products and Mistik Management.

Mistik Management Ltd., a forestry management company co-owned by the nine First Nations of MLTC, was a leader in economic reconciliation in 2022. However, the company had dealt with significant challenges not long after it was established in 1989. Richard Gladue, former Chief of the one of MLTCs Member First Nations and a leader in economic development at MLTC, had been actively involved in establishing the organization. Gladue loved the life and vitality of the boreal forest in the Meadow Lake region and felt a sense of responsibility to take care of the forest and the land for generations to come. This responsibility was balanced with the acknowledgement that the forest also provided vast economic development, employment and wealth generation opportunities for MLTC and its Member First Nations.

In the early 1990s, MLTC and Mistik Management dealt with a year-long blockade by a group of protesters that included members of Canoe Lake Cree First Nation, one of the Member First Nations of MLTC. They had not been consulted on Mistik’s processes and policies, and the company’s clear-cut logging had affected their ability to continue their traditional way of life and practices on the land. After the incident, Mistik Management moved more quickly to invest in a co-management process that they were still refining and using in 2022 when consulting with Indigenous groups and communities.

A natural resource economy brings together Indigenous peoples, industry and government. In this case, students will learn about the important role that relationships play and how decisions are made when balancing complex legal, environmental and economic interests. Students will learn about the history of duty to consult and accommodate in Canada; conduct a stakeholder analysis and reflect on how decisions affect stakeholder interests; and make recommendations for meaningful Indigenous engagement strategies using the concept of social license and indigenous principles.

This case is suitable for use in undergraduate courses on indigenous business, ethical decision-making, public policy and/or natural resource development. There may also be applications in other fields of study, including anthropology, economics and political science.

If the case is used in an indigenous business course, it would be best positioned in the last third of the class, after topics such as duty to consult and accommodate, social license and meaningful engagement with indigenous communities have been covered. If used in an ethical decision-making course, it would be best used when discussing stakeholder theory and engaging in stakeholder analysis. If used in a public policy course, the case could be used to start a discussion around the duty to consult and accommodate indigenous communities in Canada. If used in a natural resource development course, the case would be best used as an example of indigenous economic development.

In this chapter, the author explores the conditions of sexualised, gendered violence against Indigenous women and girls. The author asks how various responses to this violence have shaped the present-day legal personhood of Indigenous women and girls from two perspectives: an Indigenous legal perspective and a Canadian legal perspective. To avoid the troublesome pan-Indigenous generalisations of legal personhood, the author focusses on one Indigenous society, the Gitxsan people from northwest British Columbia and their legal order and laws.² The author examines several specific questions about how the Gitxsan legal tradition historically defined the legal personhood of Gitxsan women and girls, and how this has changed with colonisation. The author takes up specific aspects of the operation and structure of Gitxsan law and legal institutions and analyse the ways that they are gendered.

Intergenerational confinement is an under-recognized, policy-driven issue which greatly impacts Indigenous and racialized peoples in countries with ongoing colonial legacies. Numerous policy solutions enacted over colonial history have exacerbated instead of mitigated this situation. This chapter advances an improved understanding of the impacts of carceral legacies, moving beyond the dominant focus of parental incarceration in the literature. Focusing on Indigenous peoples, multiple generations in families and communities have been subjected to changing methods of confinement and removal. Using critical policy analysis and interview research, this chapter interrogates these intergenerational impacts of carceral policy-making in Canada, Australia, and New Zealand. Drawing on qualitative interviews with 124 people in the three case countries, this chapter centers perspectives of people who have been intergenerationally confined in carceral institutions. With a goal of transformation, it then explores an alternative orientation to policy-making that seeks to acknowledge, account for, and address the harmful direct and indirect ripple-effects of carceral strategies over generations.

The purpose of this research was to investigate at the influence of technology acceptance model (TAM) characteristics including perceived ease of use, perceived compatibility, and perceived security on the perceived utility and actual use of mobile banking among Yemeni academics. It also investigated the function of perceived utility as a moderator in the link between TAM variables and mobile banking adoption. The sample size was 251 respondents who worked at universities in Yemen and were chosen using stratified random selection. According to the findings, perceived compatibility and perceived security had a substantial positive influence on perceived usefulness and real mobile banking use; however perceived simplicity of use had no effect on mobile banking usage. According to the results, perceived usefulness slightly mediated the association between perceived ease of use and security and mobile banking use, whereas it completely mediated the relationship between perceived compatibility and mobile banking usage. Overall, the research proved the significance of TAM elements in academics’ use of mobile banking in Yemen, offering a credible empirical framework for studying mobile banking usage in this setting.

The massive incarceration of African‐American men impacts negatively on African‐American families and undermines their communities' informal social control mechanisms, thereby hindering community safety efforts. To repair the harm and transform African‐American communities, a case is hereby made for the empowerment of African‐American communities through restorative justice.

The purpose of this paper is to define different types of culturally commensurate experiences, events, activities and interventions which Indigenous people find relevant for improving cultural diversity.

Based on interviews and surveys with Indigenous Probations Officers, the authors define a framework of nine experiences and events relevant to the organization, team and cultural development.

The key finding lies in proposing a framework of what Indigenous Probation Officers finding lies view as commensurate experiences, activities or interventions which recognize their cultural context (American Psychological Association, 2003).

The key limitations to this study are the size of the sample and the inability to conclusively argue that the framework of experiences developed can claim to represent those important for improving recruitment and retentions of all Indigenous Probation Officers. Further exploratory research of this type is necessary to add to this research in guiding future research and practice.

The definition of a multicultural experiences offered here might be useful in encouraging Probation Officers and others in developing a deeper appreciation of cultures of Indigenous peoples and other groups.

The purpose is to better understand an Indigenous perspective on enhancing a connection to culture within the Corrections system.

Rather than using a list of competencies to shape behaviors and experiences that people practice, the underlying assumption is to encourage cultural multiculturalism framework competency development by focusing on experiences and events important to objectives related to improving diversity.