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Canadian Indigenous Peoples And Criminal Jury Trials
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Book Synopsis Canadian Indigenous Peoples and Criminal Jury Trials by : Brian Manarin
Download or read book Canadian Indigenous Peoples and Criminal Jury Trials written by Brian Manarin and published by . This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Book Synopsis Canadian Justice, Indigenous Injustice by : Kent Roach
Download or read book Canadian Justice, Indigenous Injustice written by Kent Roach and published by McGill-Queen's Press - MQUP. This book was released on 2019-01-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :Paul Havemann Publisher :Regina : Prairie Justice Research, School of Human Justice, University of Regina ISBN 13 : Total Pages :230 pages Book Rating :4.3/5 (91 download)
Book Synopsis Law and Order for Canada's Indigenous People by : Paul Havemann
Download or read book Law and Order for Canada's Indigenous People written by Paul Havemann and published by Regina : Prairie Justice Research, School of Human Justice, University of Regina. This book was released on 1985 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Discriminatory and Unfair Practices Against the Indigenous Peoples of Canada in the Selection of Criminal Juries by : Brian P. Manarin
Download or read book Discriminatory and Unfair Practices Against the Indigenous Peoples of Canada in the Selection of Criminal Juries written by Brian P. Manarin and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Peace and Good Order by : Harold R. Johnson
Download or read book Peace and Good Order written by Harold R. Johnson and published by McClelland & Stewart. This book was released on 2023-08-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Globe and Mail Best Book of the Year 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. Now with brand new Afterword. "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.
Book Synopsis Sexual Assault in Canada by : Elizabeth A. Sheehy
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Book Synopsis Charter Justice in Canadian Criminal Law by : Don Stuart
Download or read book Charter Justice in Canadian Criminal Law written by Don Stuart and published by . This book was released on 2010 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Author :National Inquiry into Missing and Murdered Indigenous Women and Girls Publisher : ISBN 13 :9780660292755 Total Pages : pages Book Rating :4.2/5 (927 download)
Book Synopsis Reclaiming Power and Place by : National Inquiry into Missing and Murdered Indigenous Women and Girls
Download or read book Reclaiming Power and Place written by National Inquiry into Missing and Murdered Indigenous Women and Girls and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Colour-Coded by : Constance Backhouse
Download or read book Colour-Coded written by Constance Backhouse and published by University of Toronto Press. This book was released on 1999-11-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
Book Synopsis Canadian Justice, Indigenous Injustice by : Kent Roach
Download or read book Canadian Justice, Indigenous Injustice written by Kent Roach and published by McGill-Queen's Press - MQUP. This book was released on 2019-01-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indigenous People and the Criminal Justice System by : Jonathan Rudin
Download or read book Indigenous People and the Criminal Justice System written by Jonathan Rudin and published by . This book was released on 2018-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aboriginal Peoples and the Justice System by : Canada. Royal Commission on Aboriginal Peoples
Download or read book Aboriginal Peoples and the Justice System written by Canada. Royal Commission on Aboriginal Peoples and published by Royal Commission. This book was released on 1993 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Book Synopsis Policing Indigenous Movements by : Andrew Crosby
Download or read book Policing Indigenous Movements written by Andrew Crosby and published by Fernwood Publishing. This book was released on 2018-06-29T00:00:00Z with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, Indigenous peoples have lead a number of high profile movements fighting for social and environmental justice in Canada. From land struggles to struggles against resource extraction, pipeline development and fracking, land and water defenders have created a national discussion about these issues and successfully slowed the rate of resource extraction. But their success has also meant an increase in the surveillance and policing of Indigenous peoples and their movements. In Policing Indigenous Movements, Crosby and Monaghan use the Access to Information Act to interrogate how policing and other security agencies have been monitoring, cataloguing and working to silence Indigenous land defenders and other opponents of extractive capitalism. Through an examination of four prominent movements — the long-standing conflict involving the Algonquins of Barriere Lake, the struggle against the Northern Gateway Pipeline, the Idle No More movement and the anti-fracking protests surrounding the Elsipogtog First Nation — this important book raises critical questions regarding the expansion of the security apparatus, the normalization of police surveillance targeting social movements, the relationship between police and energy corporations, the criminalization of dissent and threats to civil liberties and collective action in an era of extractive capitalism and hyper surveillance. In one of the most comprehensive accounts of contemporary government surveillance, the authors vividly demonstrate that it is the norms of settler colonialism that allow these movements to be classified as national security threats and the growing network of policing, governmental, and private agencies that comprise what they call the security state.
Book Synopsis Beyond Blood by : Pamela D. Palmater
Download or read book Beyond Blood written by Pamela D. Palmater and published by UBC Press. This book was released on 2011-05-13 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Book Synopsis Royally Wronged by : Constance Backhouse
Download or read book Royally Wronged written by Constance Backhouse and published by McGill-Queen's Press - MQUP. This book was released on 2021-10-27 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Royal Society of Canada’s mandate is to elect to its membership leading scholars in the arts, humanities, social sciences, and sciences, lending its seal of excellence to those who advance artistic and intellectual knowledge in Canada. Duncan Campbell Scott, one of the architects of the Indian residential school system in Canada, served as the society’s president and dominated its activities; many other members – historically overwhelmingly white men – helped shape knowledge systems rooted in colonialism that have proven catastrophic for Indigenous communities. Written primarily by current Royal Society of Canada members, these essays explore the historical contribution of the RSC and of Canadian scholars to the production of ideas and policies that shored up white settler privilege, underpinning the disastrous interaction between Indigenous peoples and white settlers. Historical essays focus on the period from the RSC’s founding in 1882 to the mid-twentieth century; later chapters bring the discussion to the present, documenting the first steps taken to change damaging patterns and challenging the society and Canadian scholars to make substantial strides toward a better future. The highly educated in Canadian society were not just bystanders: they deployed their knowledge and skills to abet colonialism. This volume dives deep into the RSC’s history to learn why academia has more often been an aid to colonialism than a force against it. Royally Wronged poses difficult questions about what is required – for individual academics, fields of study, and the RSC – to move meaningfully toward reconciliation.
Book Synopsis GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE. by : MICHAEL. DAVIES
Download or read book GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE. written by MICHAEL. DAVIES and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jury Decision Making by : Dennis J. Devine
Download or read book Jury Decision Making written by Dennis J. Devine and published by NYU Press. This book was released on 2012-08-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making, Dennis J. Devine examines over 50 years of research on juries and offers a "big picture" overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
