Canadian Indigenous Peoples And Criminal Jury Trials
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Canadian Indigenous Peoples and Criminal Jury Trials by Brian Manarin Pdf
"This monograph challenges the present doctrinal and policy positions that are in place in Canada regarding who may serve on a jury and how the petit jury is assembled in the Superior Courts across the land. The presumption that Canadians with criminal antecedents are unsuitable for jury duty is challenged both on the backdrop of history as well as against the present-day reality that one-in-ten of the citizenry is possessed of a criminal record. Additionally, once prospective jurors are summoned to court, the selection methods and "challenge" mechanisms are exposed as functionally ineffective and open to unsettling forms of abuse."--
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.
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."--
Paul Havemann,University of Regina. Prairie Justice Research
Author : Paul Havemann,University of Regina. Prairie Justice Research Publisher : Regina : Prairie Justice Research, School of Human Justice, University of Regina Page : 230 pages File Size : 55,5 Mb Release : 1985 Category : Law ISBN : UOM:39015019805012
Law and Order for Canada's Indigenous People by Paul Havemann,University of Regina. Prairie Justice Research Pdf
Critical assessment of available Canadian research literature (generally 1972-1983) describing the impact of selected components of the criminal justice system on native people in Canada.
Justice in Aboriginal Communities by Ross Gordon Green Pdf
Canada's criminal justice system has had a troubled relationship with Aboriginal people. This discord can be seen in disproportionally high rates of incarceration and in the limited recognition given by the conventional system to the needs and values of Aboriginal communities. To compound matters, many remote communities are served by fly-in circuit courts, which visit the communities once a month, pronounce judgement on the cases presented to them, and then leave. Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities, including sentencing circles, elder and community sentencing panels, sentence advisory committees, and community mediation projects. At the heart of the book are case studies of northern communities, which Green uses to analyse the successes of and challenges to the innovative approaches to sentencing currently evolving in Aboriginal communities across the country. He concludes with a discussion of the ways in which the Canadian criminal justice system can facilitate or obstruct such innovations. This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer in northeastern Saskatchewan. This book is aimed at those concerned with criminal justice as well as practicing lawyers.
Author : Harold R. Johnson Publisher : McClelland & Stewart Page : 149 pages File Size : 52,5 Mb Release : 2019-09-24 Category : History ISBN : 9780771048739
An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.
Aboriginal Peoples and Canadian Criminal Justice by Robert A. Silverman,Marianne Nielsen Pdf
This collection of articles on the criminal justice system in Canada as it relates to native peoples and the concepts of native justice includes press clippings, and examines all phases of native contacts with the law.
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.
"In the Canadian criminal justice system, aboriginal peoples are overrepresented as both victims and offenders. The aboriginal incarcerated population in Canada is rising each year and aboriginal people are twice as likely to become victims of assaults when compared to non-aboriginal people. In response, the Canadian state has framed the disproportionate victimization and criminalization of aboriginal peoples as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the Indian problem by encouraging readers to recognize the consequences of assimilation, crimes affecting aboriginal peoples, and violence against aboriginal women from a more culturally aware position. By bringing to light the truth of Canada's colonial past, the book demonstrates that the overrepresentation of aboriginal peoples in the Canadian criminal justice system is not an Indian problem but a colonial one."--
Conquest by Law by Christie Jefferson,Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit Pdf
This document, originally written in 1978, is a comprehensive report on the traditional forms of justice among Aboriginal peoples across Canada and the impact that western settlement had on those systems. It begins with a chapter on traditional justice among the Micmac and Naskapi. Part 2 covers the struggle for power as Europeans invaded traditional Aboriginal lands, and includes descriptions of civilizations & traditional justice of the First Nations of the central regions (Ojibwe, Iroquois, Huron). Part 3 covers traditional & European justice in the British colonial period, 1763-1867. Part 4 reviews the effect of Canadian legislation on Native peoples after Confederation, especially in the western provinces, and the numerous rebellions & protest actions against injustice. The final part covers the period from the granting of the unconditional franchise to Aboriginal peoples and the various movements for Aboriginal rights and a reformed justice system.
"In this report we review the historical and contemporary record of Aboriginal people's experience in the criminal justice system to secure a better understanding of what lies behind their over-representation there. Our mandate requires us to do more, of course, than provide a framework of understanding. It also charges us with providing a framework for change. That framework has two distinctive yet inter-related dimensions. The first dimension is the reform of the existing criminal justice system to make it more respectful of and responsive to the experience of Aboriginal people; the second dimension is the establishment of Aboriginal jus-tice systems as an exercise of the Aboriginal right of self-government"--Preface, p. xi-xii.
Charter Justice in Canadian Criminal Law by Don Stuart Pdf
"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.
