Canadian Justice, Indigenous Injustice

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773556443
Total Pages : 329 pages
Book Rating : 4.7/5 (735 download)

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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.

Water Governance: Retheorizing Politics

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Author :
Publisher : MDPI
ISBN 13 : 3039215604
Total Pages : 334 pages
Book Rating : 4.0/5 (392 download)

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Book Synopsis Water Governance: Retheorizing Politics by : Nicole J. Wilson

Download or read book Water Governance: Retheorizing Politics written by Nicole J. Wilson and published by MDPI. This book was released on 2019-10-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.

Peace and Good Order

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Author :
Publisher : McClelland & Stewart
ISBN 13 : 0771048742
Total Pages : 0 pages
Book Rating : 4.7/5 (71 download)

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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.

Environmental Justice and the Rights of Indigenous Peoples

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Author :
Publisher : Routledge
ISBN 13 : 1136566864
Total Pages : 366 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Environmental Justice and the Rights of Indigenous Peoples by : Laura Westra

Download or read book Environmental Justice and the Rights of Indigenous Peoples written by Laura Westra and published by Routledge. This book was released on 2012-05-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

Justice, Indigenous Peoples, and Canada

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Author :
Publisher :
ISBN 13 : 9781032604695
Total Pages : 0 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis Justice, Indigenous Peoples, and Canada by : Kathryn Maria Campbell

Download or read book Justice, Indigenous Peoples, and Canada written by Kathryn Maria Campbell and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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, though 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"--

Canadian Justice, Indigenous Injustice

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773556451
Total Pages : 329 pages
Book Rating : 4.7/5 (735 download)

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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.

The Colonial Problem

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1442606649
Total Pages : 448 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis The Colonial Problem by : Lisa Monchalin

Download or read book The Colonial Problem written by Lisa Monchalin and published by University of Toronto Press. This book was released on 2016-03-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.

Environmental Justice and the Rights of Indigenous Peoples

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Author :
Publisher : Earthscan
ISBN 13 : 1849771170
Total Pages : 365 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Environmental Justice and the Rights of Indigenous Peoples by : Laura Westra

Download or read book Environmental Justice and the Rights of Indigenous Peoples written by Laura Westra and published by Earthscan. This book was released on 2012 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

The Quest for Justice

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Author :
Publisher : University of Toronto Press
ISBN 13 : 9780802065896
Total Pages : 424 pages
Book Rating : 4.0/5 (658 download)

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Book Synopsis The Quest for Justice by : Menno Boldt

Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Environmental Justice

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Author :
Publisher : Indigenous Justice
ISBN 13 : 0816540837
Total Pages : 233 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Indigenous Environmental Justice by : Karen Jarratt-Snider

Download or read book Indigenous Environmental Justice written by Karen Jarratt-Snider and published by Indigenous Justice. This book was released on 2020 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

Justice As Healing: Indigenous Ways

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Author :
Publisher : Living Justice Press
ISBN 13 : 1937141020
Total Pages : 461 pages
Book Rating : 4.9/5 (371 download)

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Book Synopsis Justice As Healing: Indigenous Ways by : Wanda D. McCaslin

Download or read book Justice As Healing: Indigenous Ways written by Wanda D. McCaslin and published by Living Justice Press. This book was released on 2013-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Resurgence

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Author :
Publisher : Berghahn Books
ISBN 13 : 1800732465
Total Pages : 174 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Indigenous Resurgence by : Jaskiran Dhillon

Download or read book Indigenous Resurgence written by Jaskiran Dhillon and published by Berghahn Books. This book was released on 2022-03-31 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Standing Rock Sioux Tribe’s resistance against the Dakota Access pipeline to the Nepalese Newar community’s protest of the Fast Track Road Project, Indigenous peoples around the world are standing up and speaking out against global capitalism to protect the land, water, and air. By reminding us of the fundamental importance of placing Indigenous politics, histories, and ontologies at the center of our social movements, Indigenous Resurgence positions environmental justice within historical, social, political, and economic contexts, exploring the troubling relationship between colonial and environmental violence and reframing climate change and environmental degradation through an anticolonial lens.

Traditional, National, and International Law and Indigenous Communities

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Author :
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen

Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Indigenous Legal Traditions

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Author :
Publisher : UBC Press
ISBN 13 : 077484373X
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008-01-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reconciliation and Indigenous Justice

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Author :
Publisher : Fernwood Publishing
ISBN 13 : 1773635409
Total Pages : 227 pages
Book Rating : 4.7/5 (736 download)

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Book Synopsis Reconciliation and Indigenous Justice by : David Milward

Download or read book Reconciliation and Indigenous Justice written by David Milward and published by Fernwood Publishing. This book was released on 2022-04-01T00:00:00Z with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Wise Practices

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1487537506
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Wise Practices by : Robert Hamilton

Download or read book Wise Practices written by Robert Hamilton and published by University of Toronto Press. This book was released on 2021-10-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Justice and the Charter

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Author :
Publisher : UBC Press
ISBN 13 : 077482459X
Total Pages : 334 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Justice and the Charter by : David Milward

Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. David Milward asks why Aboriginal communities seek reform and identifies 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 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.