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The Position Of Canadas Aboriginal Peoples Within The Legal And Justice Systems
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Book Synopsis The Position of Canada's Aboriginal Peoples Within the Legal and Justice Systems by : Canadian Bar Association. Committee on Native Justice
Download or read book The Position of Canada's Aboriginal Peoples Within the Legal and Justice Systems written by Canadian Bar Association. Committee on Native Justice and published by . This book was released on 1988 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 2012-11-16 with total page 332 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. 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.
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 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.
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 Legal Pluralism and the Colonial Legacy by : Kayleen M. Hazlehurst
Download or read book Legal Pluralism and the Colonial Legacy written by Kayleen M. Hazlehurst and published by Aldershot [England] : Avebury. This book was released on 1995 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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.
Book Synopsis Aboriginal Peoples and the Law by : Jim Reynolds
Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.
Book Synopsis Justice in Paradise by : Bruce Clark
Download or read book Justice in Paradise written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1999-10-19 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A jurisprudential adventure story, Justice in Paradise recounts how a commitment to Native rights and an extraordinary passion for the rule of law have determined the course of Clark's life. From a childhood in an Indian residential school, to the defense of aboriginal rights before the World Court, to being disbarred, Bruce Clark's struggle has led him to a fight against the justice system itself. Justice in Paradise explains the legal and philosophical position behind Clark's opposition to the Indian rights industry. He argues that the North American legal system causes the genocide of those indigenous peoples who embrace traditional religion and identity and accuses those who administer it with chicanery and abandoning the rule of law. Smeared in the media for his beliefs and attacked from the bench - he has been called "a disgrace to the bar" by the Chief Justice of Canada's Supreme Court - his book Native Liberty, Crown Sovereignty has been hailed as "the most important and meticulous recent study of native rights in common law" (Canadian Journal of Political Science). Clark turned his back on a comfortable lawyer's life to defend the rule of law and Native rights. He moved with his family to Indian reservations and then to squats while he argued his case before the World Court in Europe. Now, no longer able to practice law, he has been adopted by the Mohicans and together they are fighting for Liberty Island and the Hudson River drainage basin. In his extraordinary memoir, Justice in Paradise, Bruce Clark - hero to some, extremist to others - details the battles of a renegade's life.
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.
Download or read book Raven Grows New Feathers written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples in Canada demand self-determination over criminal justice for a number of reasons. Indigenous approaches to justice that resemble restorative justice are thought to be more effective in dealing with Indigenous criminality, to promote the healing of offenders and victims, and to promote relationship reparation in Indigenous communities. Indigenous punitive sanctions such as corporal punishment may also provide a briefer deterrent alternative that avoids the hardening conditions of prisons. Indigenous peoples have little room to pursue these visions of justice. Canadian laws and policies accords only minor accommodations of Indigenous approaches to justice. This is sustained by a political culture that often demands harsher sentences to assure deterrence and public safety. Judicial treatment of the Aboriginal rights provision of the Constitution Act, 1982, provides limited scope for Indigenous peoples to litigate or negotiate for rights to substantive criminal jurisdiction. One approach to overcoming this is to litigate for an Indigenous right of internal autonomy. It gives Indigenous peoples a better position to demand greater accommodation for their justice practices. Another approach is for Indigenous communities to explore avenues for their own economic development, so that they can their own justice systems, free of external influence, to meet their needs. If Indigenous self-determination becomes a reality, there is another issue that is imperative to address. What happens when Indigenous individuals assert their legal rights under the Canadian Charter of Rights and Freedoms against their own justice systems? This engages a tension between Indigenous justice traditions that emphasize collective well-being and individual rights. There is a method for resolving this tension. The Royal Commission on Aboriginal Peoples explored the concept of culturally sensitive interpretation of legal rights, re-interpreting legal rights under the Charter to bett.
Book Synopsis Justice, Indigenous Peoples, and Canada by : Kathryn M. Campbell
Download or read book Justice, Indigenous Peoples, and Canada written by Kathryn M. Campbell and published by Taylor & Francis. This book was released on 2023-12-19 with total page 263 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, 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.
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 explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture. Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.
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 Seen But Not Heard by : Carol La Prairie
Download or read book Seen But Not Heard written by Carol La Prairie and published by . This book was released on 1995 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research was carried out under the auspices of the Department of Justice, Aboriginal Justice Directorate. In addition to exploring the issue of persistent over involvement as offenders within the criminal justice system, the research provides a "voice" to a particularly disadvantaged group of urban Native people - a group usually "seen but not heard". It is about a very specific group of Aboriginal people - those who reside in inner or core areas of cities, and those who use inner-cities services. Their lives are explored in an attempt to shed light on their persistent over-involvement in the criminal justice system.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
