Gendered Racial Violence and Spatialized Justice: The Murder Pamela George

Canadian Journal of Law and Society

Volumn 15, Issue 2, 2000, Pages 91-130

  Razack, Sherene H ^a  

^a UNIVERSITY OF TORONTO   (Canada)

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[No Author keywords available]

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EID: 84907755272     PISSN: 08293201     EISSN: 19110227     Source Type: Journal    
DOI: 10.1017/S0829320100006384     Document Type: Article

References (191)

1. R. Phillips, Mapping Men and Empire: A Geography of Adventure (New York: Routledge, 1997) at 147 [hereinafter Phillips].
2. Canadian Journal of Law and Society / Revue canadienne droit et société, 2000, Volume 15, no. 2, pp. 91–130.
3. R. v. Kummerfield & Ternowetsky, “Transcript of 12–15, 18–22, 25–28 November, and 2–5, 9–12, and 17–20 December 1996” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]) at 3469 [hereinafter “Transcript”].
4. Canadian Journal of Law and Society / Revue canadienne droit et société, at 4755.
5. B. Pacholik, “Relief, and Anger. Aboriginal Spokesman Demands Appeal” Regina Leader Post (21 December 1996) A1.
6. R. v. Kummerfield, [1998] 9 W.W.R. 619;
7. R. v. Kummerfield (S.T.) & Ternowetsky (A.D.), [1998] 163 Sask. R. 257.
8. See e.g. B. Balos & M.L. Fellows, “A Matter of Prostitution: Becoming Respectable” (1999) 74 N.Y.U.L.Rev. 1220. ‘The unstated assumption is that if a woman enjoyed
9. a benefit, she ‘assumed the risk’ and therefore bears responsibility for the violence, leaving the alleged perpetrator less accountable for his behavior.” Sask. R., at 1231.
10. I use the term ‘degeneracy’ in this article to denote those groups whom Foucault describes as the “internal enemies” of the bourgeois male - women, racial others, the working class, people with disabilities, in short all those who would weaken the vigorous bourgeois body and state. For a discussion of the concepts of respectability and degeneracy, see S. Razack, “Race, Space and Prostitution: The Making of the Bourgeois Subject” (1998) 10 C.J.W.L. 338.
11. For a general argument of this kind, made with respect to Aboriginal people in the inner city, see C. La Prairie, Seen But Not Heard: Native People in the Inner City (Ottawa: Minister of Justice and Attorney General of Canada, 1994). La Prairie writes: “Overall, the research suggests that social stratification and the experience people have in their families dictate the role they play in cities.
12. It is the ill-equipped who are mostly seen on the streets of the inner city.” La Prairie, Seen But Not Heard: Native People in the Inner City, at 19. Similar to the deficit model in educational theory, this view places the problems Aboriginal peoples have in cities squarely on their own shoulders, leaving little room for the ongoing effects of colonial practices emphasized in this article.
13. Phillips, Canadian Journal of Law and Society / Revue canadienne droit et société, 1 at 338.
14. Quoted in “The Victims: Life and Death on the Edge of Nowhere” [Saskatoon] Star Phoenix (8 June 1996) C3. Denise McConney cites this article and I am grateful to her for bringing it to my attention.
15. D. McConney, “Differences For Our Daughters: Racialized Sexism in Art, Mass Media, and the Law” (1999) 19:1&2 Can. Women's Stud. 209 at 213 [hereinafter McConney].
16. D. Goldberg, Racist Culture, Philosophy and the Politics of Meaning (Cambridge, Mass: Blackwell Publishers, 1993) at 185–205.
17. Canada, Profile of Census Tracts in Regina and Saskatoon (Ottawa: Statistics Canada, 1999). Regina's total population for 1996 was 193,652.
18. see J. Saku, “Aboriginal Census Data in Canada: A Research Note” (1999) 19:2 Can. J. Nat. Stud. 365.
19. In coming years Saskatchewan is expected to have a greater proportion of population with Aboriginal identity: 13 percent by 2016. Statistic Canada and Population Projections Section, Demography Division, Projections of the Population with Aboriginal Identity, Canada, 1991–2016 by M.J. Norris, D. Kerr & F. Nault (Ottawa: Statistics Canada, 1996).
20. D. Anaquod & V. Khaladkar, “Case Study: The First Nations Economy in the City of Regina”, CD-ROM: For Seven Generations: An Information Legacy of The Royal Commission on Aboriginal Peoples (Ottawa: Libraxus, 1997) at 6 [hereinafter For Seven Generations].
21. J.W. Brennan, Regina, An Illustrated History (Toronto: Lorimer & Canadian Museum of Civilization with the Secretary of State, 1989) at 37;
22. S. Carter, Capturing Women: The Manipulation of Cultural Imagery in Canada's Prairie West (Montreal & Kingston: McGill-Queens' Press, 1997) at 20–21.
23. The brutality of the NWMP and the RCMP towards Aboriginal peoples, and their sexual brutality towards Aboriginal women is described in L. Brown & C. Brown, An Unauthorized History of the RCMP (Toronto: James Lewis & Samuel, 1973) at 143–181.
24. Carter, An Unauthorized History of the RCMP, at 187. In 1894 amendments to the Indian Act racially encoded the suspect morality of the Aboriginal woman, as well as the suspect obedience - to spatial confinement - of the Aboriginal man.
25. That year Indian agents regained their criminal law authority over certain sexual offences committed by Aboriginal persons (first articulated in 1890), and two additional offences became law: Indian prostitution and Indian vagrancy. Canada, Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, vol. 1 (Ottawa: Supply and Services Canada, 1996) (Co-Chairs: R. Dussault & G. Erasmus) at 289.
26. Carter, Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, at 182.
27. Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, at 179.
28. Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, at 180.
29. Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, at 181.
30. Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, at 189–190.
31. J. Harding, “Presentation to the Royal Commission on Aboriginal Peoples” (Regina, Sask. 11 May 1993) CD-ROM: For Seven Generations, Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, 13 at 321 [hereinafter Harding].
32. Brennan, For Seven Generations, Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, 14 at 165.
33. R.L. Barsh, “Aboriginal People in an Urban Housing Market: Lethbridge, Alberta” (1997) 17:2 Can. J. Nat. Stud. 203.
34. Can. J. Nat. Stud., at 212.
35. A.M. Williams, “Canadian Urban Aboriginals: A Focus on Aboriginal Women in Toronto” (1997) 17:1 Can. J. Nat. Stud. 75.
36. Canada, Report of the Royal Commission on Aboriginal Peoples: Perspectives and Realities, vol. 4 (Ottawa: Supply and Services Canada, 1996) at 603 [hereinafter Perspectives].
37. R.S.,c. P-17.
38. “Qu'Appelle Valley Indian Development Authority Inquiry Report on: Flooding Claim Cowessess First Nation, Muscowpetung First Nation, Ochapowace First Nation, Pasqua First Nation, Sakimay First Nation, Standing Buffalo First Nation” online: Indian Claims Commission Homepage (Claimsmap) http://www.indianclaims.ca/english/claimsmap/prov_sask.htm> (last modified: May 2000).
39. Perspectives, Indian Development Authority Inquiry Report 26 at 602.
40. Indian Development Authority Inquiry Report, at 543.
41. For Seven Generations, Indian Development Authority Inquiry Report 13 at 1–2.
42. Canada, Royal Commission on Aboriginal Peoples, Aboriginal Peoples in Urban Centres: Report of the National Round Table on Aboriginal Urban Issues (Ottawa: Supply and Services Canada, 1993) at 91 [hereinafter National Round Table].
43. Perspectives, Report of the National Round Table on Aboriginal Urban Issues, 26 at 520.
44. National Round Table, Report of the National Round Table on Aboriginal Urban Issues, 32.
45. Report of the National Round Table on Aboriginal Urban Issues, at 77.
46. Perspectives, Report of the National Round Table on Aboriginal Urban Issues,26 at 518.
47. The authors of Report of the Royal Commission on Aboriginal Peoples are quoting the Native Council of Canada, Decision 1992: Background and Discussion Points for the First Peoples Forum (Ottawa: Native Council of Canada 1992) at 10.
48. R. Bellamy, Saskatoon Friendship Inn, “Discussion Paper C” (Saskatoon, Saskatchewan, 13 May 1993) CD-ROM: For Seven Generations, Decision 1992: Background and Discussion Points for the First Peoples Forum 13 at 366.
49. For more general Aboriginal commentary on the pervasive quality of racism in urban life, see also Perspectives, Decision 1992: Background and Discussion Points for the First Peoples Forum 26 at 426–428.
50. Bellamy, Decision 1992: Background and Discussion Points for the First Peoples Forum, at 367.
51. Decision 1992: Background and Discussion Points for the First Peoples Forum 21.
52. Brennan, Decision 1992: Background and Discussion Points for the First Peoples Forum 14 at 165.
53. J. Hylton cited in Royal Commission on Aboriginal Peoples, Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada (Ottawa:Supply and Services Canada, 1996) at 31 n. 41 [hereinafter Bridging].
54. A. Finn et al., “Female Inmates, Aboriginal Inmates, and Inmates Serving Life Sentences: A One Day Snapshot” Juristat 19:5 (Ottawa: Canadian Centre for Justice Statistics /Statistics Canada, 1999) at 9. In addition, “at the provincial/territorial level, a larger proportion of Aboriginal than non-Aboriginal inmates were segregated from the rest of the inmate population (11 percent versus 4 percent).” A Report on Aboriginal People and Criminal Justice in Canada.
55. P. Monture-Angus, “Women and Risk: Aboriginal Women, Colonialism, and Correctional Practice” (1999) 19:1&2 Can. W. Stud. 24 at 28, n. 3.
56. Manitoba, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, vol. 1 (Winnipeg: Queen's Printer, 1991) (Commissioners: A. C. Hamilton & CM. Sinclair) at 498 [Aboriginal Justice Inquiry] In describing the Saskatchewan situation, Manitoba's commissioners were highlighting the fact that
57. Harding, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, 21 at 323.
58. Bridging, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, 41 at 31–32 [notes omitted].
59. “Fact Sheets: Alternatives to Incarceration” online: Elizabeth Fry Society Homepage http://www.elizabethfry.ca/facts 1_e.htm (date accessed: 21 July 2000).
60. According to the Society, in 1998 “41 percent of federally sentenced women who are classified as maximum security women are Aboriginal, whereas Aboriginal women represent only 18.7 percent of the total population of federally sentenced women, and less than 2 percent of the population of Canada.” “Position of the Canadian Association of Elizabeth Fry Societies (CAEFS) Regarding the Classification and Carceral Placement of Women Classified as Maximum Security Prisoners” online: Elizabeth Fry Society Homepage (date accessed 21 July 2000).
61. Harding, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, 21 at 324–326.
62. Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, at 327–328.
63. Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, at 333.
64. Perspectives, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, 26 at 577.
65. Harding, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, 21 at 334.
66. Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, at 335.
67. Canada, Royal Commission on Aboriginal Peoples, Choosing Life: Special Report on Suicide Among Aboriginal People (Ottawa: Supply and Services Canada, 1995).
68. Royal Commission on Aboriginal Peoples, Choosing Life: Special Report on Suicide Among Aboriginal People, at 33–34.
69. Of course Aboriginal women also endure considerable violence from the men of their own communities. I would argue that such violence is of a different order than the violence discussed here although the obvious link is that both emerge out of conditions of colonization. As Emma Larocque so insightfully commented in her testimony to the Aboriginal Justice Inquiry of Manitoba, the squaw stereotype regulates relations between Aboriginal men and women as it does between Aboriginal women and white society. E. Larocque, “Written Presentation to Aboriginal Justice Inquiry Hearings, 5 February 1990” cited in Aboriginal Justice Inquiry
70. Royal Commission on Aboriginal Peoples, Choosing Life: Special Report on Suicide Among Aboriginal People, 44 at 479.
71. See S. Razack, Looking White People in the Eye: Gender, Race and Culture in Courtrooms and Classrooms (Toronto: University of Toronto Press, 1998) at 69.
72. Manitoba, Report of the Aboriginal Justice Inquiry of Manitoba: The Deaths of Helen Betty Osborne and John Joseph Harper, vol. 2 (Winnipeg: Queen's Printer, 1991) at 52.
73. J.L. Sheane, “Life and Death on the Edge of Nowhere” [Saskatoon] Star Phoenix (8 June 1996) C3.
74. McConney, Star Phoenix 10 at 212.
75. Phillips, Star Phoenix 1 at 3.
76. Razack, Star Phoenix 7.
77. M. Alloula, The Colonial Harem, (Minneapolis: University of Minnesota Press, 1986) cited in R. Bishop and L. S. Robinson, Night Market: Sexual Cultures and the Thai Economic Miracle (New York & London: Routledge, 1998) at 151.
78. L. Robinson, Crossing the Line: Violence and Sexual Assault in Canada's National Sport (Toronto: McClelland & Stewart, 1998) [hereinafter Crossing the Line].
79. Crossing the Line: Violence and Sexual Assault in Canada's National Sport, at 39.
80. Crossing the Line: Violence and Sexual Assault in Canada's National Sport, at 120.
81. Crossing the Line: Violence and Sexual Assault in Canada's National Sport, at 151–152.
82. S.P. Schacht, “Misogyny On and Off the ‘Pitch’: The Gendered World of Male Rugby Players” (1996) 10:5 Gender & Soc. 550 at 555.
83. See also A.A. Boswell & J.Z. Spade, “Fraternities and Collegiate Rape Culture: Why Are Some Fraternities More Dangerous Places for Women?” (1996) 10:2 Gender & Soc. 133.
84. Schacht, Gender & Soc., at 557–558.
85. P. Donnelly & K. Young, “The Construction and Confirmation of Identity in Sport Subcultures” (1988) 5 Soc. Sport J. 223 at 235.
86. L.A. Wenner, “In Search of the Sports Bar: Masculinity, Alcohol, Sports, and the Mediation of Public Space” in G. Rail, ed., Sport and Postmodern Times (Albany:Suny Press, 1998)301.
87. “Transcript”, Sport and Postmodern Times 2 at 3515.
88. R. v. Kummerfield & Ternowetsky, “Transcript of Sentencing 30 January 1997” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]) at 49 [hereinafter “Transcript of Sentencing”].
89. “Transcript”, Sask. Prov. Ct. 2 at 3811.
90. Sask. Prov. Ct., at 3818.
91. Sask. Prov. Ct., at 3821.
92. Sask. Prov. Ct., at 3824.
93. Sask. Prov. Ct., at 315–324.
94. Sask. Prov. Ct., at 3829.
95. Sask. Prov. Ct., at 1009.
96. Sask. Prov. Ct., at 852.
97. Sask. Prov. Ct., at 1394.
98. Although few scholars of sports masculinity discuss the role that race plays in the making of the white male athlete in the contemporary context, several scholars have noted the connections between sport masculinities and empire. See e.g. R. Morrell, “Forging a Ruling Race: Rugby and Masculinity in Colonial Natal, c.1870–1910” in J.Navright & T.J.L. Chandler, eds., Making Men: Rugby and Masculine Identity (London: Frank Cass, 1996) 91;
99. J. Rutherford, Forever England: Reflections on Masculinity and Empire (London: Lawrence & Wishart, 1997). Related Canadian work on sport and national identity has not been explicitly about race and the forging of identities in a white settler society.
100. See e.g. K.B. Wamsley, “The Public Importance of Men and the Importance of Public Men” in P. White & K. Young, eds., Sport and Gender in Canada (Don Mills, ON: Oxford University Press, 1999) 24 at 34;
101. A. Bélanger, “The Last Game? Hockey and the Experience of Masculinity in Quebec” in P. White & K. Young, eds., Sport and Gender in Canada (Don Mills, ON: Oxford University Press, 1999) 293–309.
102. “Transcript”, Sport and Gender in Canada 2 at 315–324.
103. Sport and Gender in Canada, at 457.
104. Sport and Gender in Canada, at 595–615.
105. Sport and Gender in Canada, at 858.
106. Sport and Gender in Canada, at 846–910.
107. Sport and Gender in Canada, at 871.
108. Sport and Gender in Canada, at 574–588.
109. Sport and Gender in Canada, at 869.
110. Sport and Gender in Canada, at 3588.
111. Sport and Gender in Canada, 463–464.
112. Schick describes how white teacher-training candidates whom she interviewed about their responses to a mandatory course on Aboriginal issues, experienced the university as elite space, into which Aboriginal bodies entered as interlopers, contaminating the space by representing everything that was not rational. C. Schick, “Keeping the Ivory Tower White: Discourses of Racial Domination.” See this issue.
113. Crossing the Line, “Keeping the Ivory Tower White: Discourses of Racial Domination.” 63 at 226.
114. “Transcript”, “Keeping the Ivory Tower White: Discourses of Racial Domination.” 2 at 3843.
115. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 3757.
116. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 486–487.
117. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 3494.
118. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 470–495.
119. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 2921.
120. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 3760.
121. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 892.
122. “Keeping the Ivory Tower White: Discourses of Racial Domination.”. at 3933.
123. At Public Hearings in Saskatoon for RCAP, Robin Bellamy contrasted this fear typical of (white) suburbanites (“people say that they are concerned about coming down there on a Saturday night at midnight”) with Aboriginal citizens' fear of entering the “better areas of Saskatoon.” Bellamy, “Keeping the Ivory Tower White: Discourses of Racial Domination.” 37.
124. “Transcript”, “Keeping the Ivory Tower White: Discourses of Racial Domination.” 2 at 3933.
125. Recall Harding's assertion that the typical victim of violent crime in racialized urban space is young, female and Aboriginal, not white and male. “Keeping the Ivory Tower White: Discourses of Racial Domination.” 21 at 333.
126. In 1990–91, Aboriginal persons comprised 31 percent of the victims of reported crime in Regina, while they represented approximately 5 percent of the population. “Keeping the Ivory Tower White: Discourses of Racial Domination.”, at 331.
127. “Transcript”, “Keeping the Ivory Tower White: Discourses of Racial Domination.” 2 at 262, 304.
128. “Keeping the Ivory Tower White: Discourses of Racial Domination.” at 280.
129. “Keeping the Ivory Tower White: Discourses of Racial Domination.” at 282.
130. “Keeping the Ivory Tower White: Discourses of Racial Domination.” at 1729–1730.
131. “Keeping the Ivory Tower White: Discourses of Racial Domination.” at 4710.
132. similar acts of violence towards them. M. O'Hanlon, “RCMP Investigate Deaths of Saskatoon Aboriginals” [Toronto] Star (17 February 2000) A3.
133. ‘Transcript”, “RCMP Investigate Deaths of Saskatoon Aboriginals” 2 at 3574, 3888.
134. D. Ferreira da Silva, “Interrogating the Socio-Logos of Justice: Considerations of Race Beyond the Logic of Exclusion” Law and Society Association Summer Institute, University of Buffalo, SUNY (8 July 2000) at 2 [unpublished].
135. For example, Sander Gilman shows how prostitutes in 19th century Europe were depicted with African features even though they were nearly all white. S. Gilman, “Black Bodies, White Bodies: Toward an Iconography of Female Sexuality in Late Nineteenth-Century Art, Medicine and Literature” in J. Donald & A. Rattansi, eds., “Race” Culture and Difference (London: The Open University, 1992) 171.
136. Similarly, McClintock discusses the racialization of the Irish poor, routinely depicted with Black skin in 19th Century England. A. McClintock, Imperial Leather (New York: Routledge, 1995) at 52–53.
137. “Transcript”, Imperial Leather 2 at 3281–3282 [emphasis added].
138. Imperial Leather. at 2922.
139. Imperial Leather. at 444.
140. Imperial Leather. at 3345.
141. Imperial Leather. at 2928.
142. Imperial Leather. at 2844–2849.
143. Imperial Leather. at 2883.
144. Hall is in this instance being read as his 19th century counterpart would have been, that is, as a “squaw man.” Carter notes that white lower-class men labeled in this way were often blamed by the police for crimes such as liquor offences. Imperial Leather 14 at 184.
145. “Transcript”, Imperial Leather 2 at 3008.
146. K. O'Connor, “Issac Felt Police Would Frame Him” [Regina] Leader Post (23 December 1996) A1.
147. “Transcript” “Issac Felt Police Would Frame Him” 2 at 444.
148. “Issac Felt Police Would Frame Him”. at 846.
149. “Issac Felt Police Would Frame Him”. at 2114.
150. “Issac Felt Police Would Frame Him”. at 2116.
151. “Issac Felt Police Would Frame Him”. at 811.
152. T. Sutter, “‘She Was My Baby’” [Regina] Leader Post (13 May 1995, Saturday Magazine) at 1.
153. “Transcript”, “‘She Was My Baby’” 2 at 1113.
154. “‘She Was My Baby’”, at 33,132.
155. “‘She Was My Baby’”, at 4248.
156. “‘She Was My Baby’”, at 2993.
157. “‘She Was My Baby’”. at 2619.
158. “‘She Was My Baby’”, at 3562.
159. “‘She Was My Baby’”. at 457.
160. “‘She Was My Baby’”, at 3763.
161. Crossing the Line, “‘She Was My Baby’” 63 at 44.
162. “Transcript”, “‘She Was My Baby’” 2 at 2139.
163. “Transcript of Sentencing”, “‘She Was My Baby’” 72 at 37.
164. “Transcript”, “‘She Was My Baby’” 2 at 3480.
165. “‘She Was My Baby’”, at 4632.
166. “‘She Was My Baby’”, at 4633.
167. “‘She Was My Baby’”. at 4527–4525.
168. “‘She Was My Baby’”, at 4633.
169. “‘She Was My Baby’”. at 4449.
170. Cynthia Lee speculates that this may be the case in cases where provocation is the defense used by men who kill unfaithful wives. C. Lee, “She Made me Do It! Killings in Response to Infidelity” (May 1999) [unpublished, in author's possession]
171. Transcript of Sentencing”, “She Made me Do It! Killings in Response to Infidelity” 72 at 69.
172. “Transcript”, “She Made me Do It! Killings in Response to Infidelity” 2 at 4755.
173. “She Made me Do It! Killings in Response to Infidelity”. at 4825.
174. “She Made me Do It! Killings in Response to Infidelity”, at 4344.
175. “She Made me Do It! Killings in Response to Infidelity”, at 4809, 4824.
176. “She Made me Do It! Killings in Response to Infidelity”. at 4795.
177. “She Made me Do It! Killings in Response to Infidelity”. at 406.
178. “She Made me Do It! Killings in Response to Infidelity”, at 1409.
179. “She Made me Do It! Killings in Response to Infidelity”, at 3205.
180. “Transcript of Sentencing”, “She Made me Do It! Killings in Response to Infidelity” 72 at 47.
181. Justice Malone, “Response to the Honourable Chief Justice Allan McEachern to Complaints by Ms. Sharon Ferguson-Hood and Ms. Ailsa Watkinson and Others, February 6, 1997” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]).
182. Crossing the Line, Regina, Sask. Prov. Ct. 63 at 44.
183. “Transcript” Regina, Sask. Prov. Ct. 2 at 2550.
184. Regina, Sask. Prov. Ct., at 2173.
185. “Transcript of Sentencing”, Regina, Sask. Prov. Ct. 72 at 50.
186. That Aboriginal people are stereotyped as drunk and criminal is acknowledged by the Court in R. v. Williams, [1998] 1 S.C.R. 1158 at para. 58.
187. “Transcript of Sentencintg”, S.C.R. 72 at 40.
188. “Justice Malone, S.C.R. 162 [emphasis added].
189. “Transcript”, S.C.R. 2 at 5023.
190. “Transcript of Sentencing”, S.C.R. 72 at 39.
191. S.C.R., at 60. While I do not take a position on the value of long prison terms, I note here that they have been traditionally understood by society as an indicator of the severity of the crime.