Indigenous Courts Self Determination And Criminal Justice

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Indigenous Courts, Self-Determination and Criminal Justice

Valmaine Toki
Indigenous Courts Self Determination and Criminal Justice Book PDF

Author : Valmaine Toki
Publisher : Routledge
Page : 290 pages
File Size : 40,9 Mb
Release : 2018-04-09
Category : Law
ISBN : 9781351239608

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Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki Pdf

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

Justice, Indigenous Peoples, and Canada

Kathryn M. Campbell,Stephanie Wellman
Justice Indigenous Peoples and Canada Book PDF

Author : Kathryn M. Campbell,Stephanie Wellman
Publisher : Taylor & Francis
Page : 263 pages
File Size : 43,7 Mb
Release : 2023-12-19
Category : Social Science
ISBN : 9780429665158

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Justice, Indigenous Peoples, and Canada by Kathryn M. Campbell,Stephanie Wellman Pdf

Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.

Wise Practices

Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols
Wise Practices Book PDF

Author : Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols
Publisher : University of Toronto Press
Page : 385 pages
File Size : 50,8 Mb
Release : 2021-10-01
Category : Law
ISBN : 9781487537500

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Wise Practices by Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols Pdf

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship. This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.

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 : 41,5 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."--

Indigenous criminology

Cunneen, Chris,Tauri, Juan
Indigenous criminology Book PDF

Author : Cunneen, Chris,Tauri, Juan
Publisher : Policy Press
Page : 176 pages
File Size : 52,5 Mb
Release : 2016-07-27
Category : Social Science
ISBN : 9781447321798

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Indigenous criminology by Cunneen, Chris,Tauri, Juan Pdf

Indigenous Criminology is the first book to comprehensively explore Indigenous people’s contact with criminal justice systems in a contemporary and historical context. Drawing on comparative Indigenous material from North America, Australia and Aotearoa New Zealand, it addresses both the theoretical underpinnings to the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice. Written by leading criminologists specialising in Indigenous justice issues, the book argues for the importance of Indigenous knowledges and methodologies to criminology, and suggests that colonialism needs to be a fundamental concept to criminology in order to understand contemporary problems such as deaths in custody, high imprisonment rates, police brutality and the high levels of violence in some Indigenous communities. Prioritising the voices of Indigenous peoples, the work will make a significant contribution to the development of a decolonising criminology and will be of wide interest.

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 : 47,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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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.

Sentenced to Sovereignty

Jeanette Gevikoglu
Sentenced to Sovereignty Book PDF

Author : Jeanette Gevikoglu
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:858857765

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Sentenced to Sovereignty by Jeanette Gevikoglu Pdf

In Canada, sentencing has been the target of reforming the criminal justice system with a view to alleviating the over-representation of indigenous people in the criminal justice system and the historic injustice perpetuated against indigenous communities through colonialism. My thesis explores how sentencing decisions from the Nunavut Court of Justice construct and shape Inuit identity in Nunavut. My research analyzes the sentencing decisions of the Nunavut Court of Justice since its creation in 1999. Using selected sentencing decisions as case studies, I interrogate how the Court uses notions of Inuit, Inuit culture, and Nunavut, both implicitly and explicitly. I show how rather than a tool for alleviating the historic injustice perpetuated against indigenous people through colonialism and systemic racism, the sentencing process perpetuates historic injustice through constructing binary, essentialized notions of Inuit identity. The consequences affect both the criminal justice system and the realization of indigenous self-determination. I conclude that as a result the Nunavut Court of Justice exemplifies an intractable dilemma facing the criminal justice system for indigenous people that sentencing reforms cannot solve. I suggest new ways of imagining criminal justice and indigenous self-determination that provide hope for a way out of the intractable dilemma.

Canadian Law and Indigenous Self?Determination

Gordon Christie
Canadian Law and Indigenous Self Determination Book PDF

Author : Gordon Christie
Publisher : University of Toronto Press
Page : 447 pages
File Size : 43,7 Mb
Release : 2019
Category : Law
ISBN : 9781442628991

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Canadian Law and Indigenous Self?Determination by Gordon Christie Pdf

Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.

Legal Pluralism and the Colonial Legacy

Kayleen M. Hazlehurst
Legal Pluralism and the Colonial Legacy Book PDF

Author : Kayleen M. Hazlehurst
Publisher : Aldershot [England] : Avebury
Page : 328 pages
File Size : 51,8 Mb
Release : 1995
Category : Law
ISBN : UOM:39015034029861

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Legal Pluralism and the Colonial Legacy by Kayleen M. Hazlehurst Pdf

Collection of essays with contributors from Canada, New Zealand and Australia; examines impact of legal and criminal justice systems on Indigenous peoples; places contemporary events in historical context; significant influences and similarities noted; essays on Australian experience annotated individually.

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 : 47,8 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.

Ghost Dancing with Colonialism

Grace Li Xiu Woo
Ghost Dancing with Colonialism Book PDF

Author : Grace Li Xiu Woo
Publisher : UBC Press
Page : 361 pages
File Size : 43,9 Mb
Release : 2011-09-01
Category : Social Science
ISBN : 9780774818902

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Ghost Dancing with Colonialism by Grace Li Xiu Woo Pdf

Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.

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 : 47,7 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.

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 : 41,7 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780773556454

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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.

Indigenous Peoples and the Law

Benjamin J Richardson,Shin Imai,Kent McNeil
Indigenous Peoples and the Law Book PDF

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 55,5 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206

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Indigenous Peoples and the Law by Benjamin J Richardson,Shin Imai,Kent McNeil Pdf

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Justice Pending: Indigenous Peoples and Other Good Causes

Gudmundur Alfredsson,Maria Stavropoulou
Justice Pending Indigenous Peoples and Other Good Causes Book PDF

Author : Gudmundur Alfredsson,Maria Stavropoulou
Publisher : BRILL
Page : 431 pages
File Size : 55,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004478510

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Justice Pending: Indigenous Peoples and Other Good Causes by Gudmundur Alfredsson,Maria Stavropoulou Pdf

The articles in this volume deal with many of the issues, which have been and continue to be on the international law and human rights agenda of Erica-Irene A. Daes. She is an international personality, with a long and varied career, but she has been and is passionately involved in a wide range of issues related directly or indirectly to the Greek experience and the Greek diaspora. The energy and output of Erica Daes culminated in her tireless efforts to seek protection for the world's indigenous peoples. It is in this capacity that the international human rights community has best learned to know and appreciate her. As an independent expert, she has served as Chairman of the Working Group on Indigenous Populations and she has carried out studies on indigenous land rights, intellectual and cultural rights, and indigenous heritage. She played a key role in bringing about an international year (1993) and a decade (1995-2004) for the promotion of the rights of indigenous peoples. Most importantly, Erica Daes was the principal drafter of the UN draft declaration on the rights of indigenous peoples, which has become known as the Daes Declaration and which is reproduced in an annex to this book. Other annexes contain excerpts from her documents prepared in the context of her UN career, some of which have not been previously published.