Indigenous Reintegrative Shaming: A Comparison of Indigenous Legal Traditions of Canada and Braithwaite's Theory of Reintegrative Shaming

Upon the arrival of European settlers in Canada, Indigenous legal traditions have continuously been undermined as customary law with an insignificant role in crime prevention and sanctioning. This paper will argue that Indigenous legal traditions deserve a larger role in Indigenous self-governance as their customs demonstrate aspects of crucial crime prevention theories such as Braithwaite’s theory of reintegrative shaming. The interconnection between reintegrative shaming and Indigenous legal traditions pre-contact and post-contact demonstrate concepts of community socialization, informal sanctions and restorative practices that foster the wellbeing of the community, victims and offenders. As such, Braithwaite’s theory demonstrates the importance of each of these behaviors in regards to decreasing recidivism and differential association of offenders. Overall, this paper hopes to recognize the interconnection between criminological theories of crime prevention and the customary practices of Canadian Indigenous communities for the purposes of respecting practices that have previously been disregarded in settler society.