The fundamental difference between how First Nations would maintain peace and good order and how Canada has administered it is that First Nations would apply principles of redemption, whereas Canada relies upon deterrence. We know that punishment as deterrence does not work to reduce criminal behaviour. Punishment, no matter how severe, does not modify behaviour. The United States relies heavily upon punishment and has the highest rate of incarceration in the world, yet after several decades of being tough on crime cannot show any improvement in crime rates. The numbers vary depending upon which factors are considered, but most reports have the United States incarcerating around 700 out of every 100,000 citizens, or nearly one percent of its population. Those same reports have Canada incarcerating a little more than 100 out of every 100,000. Denmark, Sweden and Norway are reported at about 60 per 100,000 and Japan is reported to incarcerate about 40 per 100,000.

When we talk about the revolving door of the justice system we are usually referring to the perception that people are released, commit more crimes, are arrested again and brought back in. Justice is part of a revolving system, but it is more complex than this simple perception. Justice never resolves the problems it adjudicates. After the judge issues the sentence and after the prosecutor writes “Closed” on the cover of the file, nothing changes in the community. One community member might be gone for a few months or years, but they will come back, probably worse off than when they left. Other than that, the sentencing decision, no matter how severe, has not had any positive effect on the community. It has not deterred anyone from committing a similar offence. It has not reduced the crime rate. It has not addressed any of the underlying factors that result in crime.

Redemption, on the other hand, is focused on solving the problem and making things right again. When we sentenced Hillary Cook to three years in prison, we did nothing to reduce the number of people killed by drunk drivers, Garry didn’t come back, his children and grandchildren were not spared their grief, Brennan did not get a mentor, and Hillary wasn’t given the opportunity to make amends for his big mistake.