Aboriginal Justice And The Charter

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Aboriginal Justice and the Charter

David Milward
Aboriginal Justice and the Charter Book PDF

Author : David Milward
Publisher : UBC Press
Page : 332 pages
File Size : 48,5 Mb
Release : 2012-11-16
Category : Social Science
ISBN : 9780774824583

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Aboriginal Justice and the Charter by David Milward Pdf

Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.

Aboriginal Justice and the Charter

David Leo Milward
Aboriginal Justice and the Charter Book PDF

Author : David Leo Milward
Publisher : University of British Columbia Press
Page : 303 pages
File Size : 44,9 Mb
Release : 2012
Category : Law
ISBN : 0774824565

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Aboriginal Justice and the Charter by David Leo Milward Pdf

"Aboriginal Justice and the Charter" examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.

Reconciliation and Indigenous Justice

David Milward
Reconciliation and Indigenous Justice Book PDF

Author : David Milward
Publisher : Fernwood Publishing
Page : 227 pages
File Size : 42,8 Mb
Release : 2022-04-01T00:00:00Z
Category : Social Science
ISBN : 9781773635408

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Reconciliation and Indigenous Justice by David Milward Pdf

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 48,9 Mb
Release : 2008
Category : Law
ISBN : 9780774855778

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Aboriginal Peoples and the Justice System

Canada. Royal Commission on Aboriginal Peoples
Aboriginal Peoples and the Justice System Book PDF

Author : Canada. Royal Commission on Aboriginal Peoples
Publisher : Royal Commission
Page : 528 pages
File Size : 49,6 Mb
Release : 1993
Category : History
ISBN : UOM:39015028923301

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Aboriginal Peoples and the Justice System by Canada. Royal Commission on Aboriginal Peoples Pdf

"There was a widespread view among participants at the Round Table that the current justice system, especially the criminal justice system, is too centralized, too legalistic, too formal and too removed from the (Aboriginal) communities it is supposed to serve."--

The Quest for Justice

Menno Boldt,J. Anthony Long,Leroy Little Bear
The Quest for Justice Book PDF

Author : Menno Boldt,J. Anthony Long,Leroy Little Bear
Publisher : University of Toronto Press
Page : 424 pages
File Size : 47,8 Mb
Release : 1985-01-01
Category : Social Science
ISBN : 0802065899

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The Quest for Justice by Menno Boldt,J. Anthony Long,Leroy Little Bear Pdf

It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.

Canadian Justice, Indigenous Injustice

Kent Roach
Canadian Justice Indigenous Injustice Book PDF

Author : Kent Roach
Publisher : McGill-Queen's Press - MQUP
Page : 329 pages
File Size : 40,9 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780773556447

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Canadian Justice, Indigenous Injustice by Kent Roach Pdf

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Bridging the Cultural Divide

Canada. Royal Commission on Aboriginal Peoples
Bridging the Cultural Divide Book PDF

Author : Canada. Royal Commission on Aboriginal Peoples
Publisher : Commission
Page : 315 pages
File Size : 41,5 Mb
Release : 1996-01
Category : Community policing
ISBN : OCLC:222066944

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Bridging the Cultural Divide by Canada. Royal Commission on Aboriginal Peoples Pdf

"Thousands of recommendations have been made over the past ten years to make the criminal justice system more responsive to the needs of Aboriginal people. Yet Aboriginal people remain over-represented in prisons and subject to systemic discrimination throughout the justice system. While previous commissions have focused on reforming the existing justice system, the Royal Commission's major contribution is to examine another road - the creation of Aboriginal justice systems, and how these could work alongside the existing system. The report reviews current Aboriginal justice initiatives including Aboriginal policing, Aboriginal courts, elders panels and sentencing circles. Two case studies of successful justice initiatives provide lessons for both governments and Aboriginal people wishing to take this road. The greatest challenge is to create conceptual and constitutional space for Aboriginal justice systems. The Commission explores the jurisdictional basis for the creation of Aboriginal justice systems in Canada, as well as how jurisdictional conflicts with the federal and provincial governments could be resolved. Issues include the application of the Charter of Rights and Freedoms and the Criminal Code to Aboriginal justice systems, ensuring the safety of women and children, dealing with appeals, and Aboriginal justice in urban centres. For the first time, we see what Aboriginal justice systems might look like. The Commission concludes the report with recommendations for reforming the existing justice system, and the cost to Canadians of continued inaction."--publications.gc.ca.

Indigenous Difference and the Constitution of Canada

Patrick Macklem
Indigenous Difference and the Constitution of Canada Book PDF

Author : Patrick Macklem
Publisher : University of Toronto Press
Page : 348 pages
File Size : 47,8 Mb
Release : 2001-01-01
Category : Law
ISBN : 0802080499

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Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Moving Toward Justice

John D. Whyte
Moving Toward Justice Book PDF

Author : John D. Whyte
Publisher : Purich Publishing
Page : 0 pages
File Size : 44,8 Mb
Release : 2008
Category : Law
ISBN : 1895830338

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Moving Toward Justice by John D. Whyte Pdf

"The essays collected in Moving Toward Justice include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice." "This book aims to underscore the urgent need for Aboriginal justice reform, to suggest the outlines of the constitutional and administrative changes that will allow reform to occur, and to explore a series of specific issues that have arisen from reforms already made. It is a book for scholars, policy makers, and all those interested to or working with justice issues."--BOOK JACKET.

Justice Within

Law Commission of Canada
Justice Within Book PDF

Author : Law Commission of Canada
Publisher : Canadian Government Publishing
Page : 90 pages
File Size : 42,8 Mb
Release : 2006
Category : Culture and law
ISBN : UCBK:C093057654

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Justice Within by Law Commission of Canada Pdf

DVD-ROM includes video documentary titled: Justice within: voices of Indigenous legal traditions; an electronic copy of the print discussion paper; and an electronic copy of Indigenous legal traditions in Canada by John Borrows.

Indigenous Justice

Jennifer Hendry,Melissa L. Tatum,Miriam Jorgensen,Deirdre Howard-Wagner
Indigenous Justice Book PDF

Author : Jennifer Hendry,Melissa L. Tatum,Miriam Jorgensen,Deirdre Howard-Wagner
Publisher : Springer
Page : 232 pages
File Size : 40,9 Mb
Release : 2018-05-18
Category : Social Science
ISBN : 9781137606457

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Indigenous Justice by Jennifer Hendry,Melissa L. Tatum,Miriam Jorgensen,Deirdre Howard-Wagner Pdf

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

The Quest for Justice

Menno Boldt,J. Anthony Long
The Quest for Justice Book PDF

Author : Menno Boldt,J. Anthony Long
Publisher : University of Toronto Press
Page : 424 pages
File Size : 52,8 Mb
Release : 1985-12-15
Category : Social Science
ISBN : 9781442657830

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The Quest for Justice by Menno Boldt,J. Anthony Long Pdf

This collection of many voices develops more deeply and exhaustively the issues raised in the editors’ earlier volume, Pathways to Self-Determination. It contains some twenty-three papers from representatives of the aboriginal people’s organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763. The contributors represent a broad cross-section of tribal, geographic, and organizational perspectives. They discuss constitutional questions such as land rights, the concerns of Metis, non-status Indians, and Inuit; and native rights in broad contexts – historical, legal/constitutional, political, regional, and international. The issue of aboriginal rights and of what these rights mean in terms of land and sovereignty has become increasingly important on the Canadian political agenda. The constitutional conferences between government and aboriginal peoples have revealed the gulf between what each side means by aboriginal rights: for the Indians these rights are meaningless without sovereign self-government, an idea the federal and provincial governments are not willing to entertain. Somewhere in the middle lies the concept of nationhood status. Ultimately, the aboriginal peoples are asking for justice from the dominant society around them; if it is denied or felt to be denied, the editors conclude, the consequences for the Canadian self-concept would be costly and debilitating. The twenty-four contributors provide a find guide to this profound and complex problem, whose solution depends on our understanding and our political wisdom.

From Where I Stand

Jody Wilson-Raybould
From Where I Stand Book PDF

Author : Jody Wilson-Raybould
Publisher : Purich Books
Page : 253 pages
File Size : 44,9 Mb
Release : 2019-09-20
Category : Social Science
ISBN : 9780774880558

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From Where I Stand by Jody Wilson-Raybould Pdf

An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance.

Contested Constitutionalism

James B. Kelly,Christopher P. Manfredi
Contested Constitutionalism Book PDF

Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 335 pages
File Size : 51,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780774858892

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Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Pdf

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.