Canadian Indigenous Peoples And Criminal Jury Trials
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Canadian Indigenous Peoples And Criminal Jury Trials
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Author : Brian Manarin
language : en
Publisher:
Release Date : 2019
Canadian Indigenous Peoples And Criminal Jury Trials written by Brian Manarin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Canada categories.
"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
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Author : Kent Roach
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2019-01-21
Canadian Justice Indigenous Injustice written by Kent Roach and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-21 with Social Science categories.
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.
Law And Order For Canada S Indigenous People
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Author : Paul Havemann
language : en
Publisher: Regina : Prairie Justice Research, School of Human Justice, University of Regina
Release Date : 1985
Law And Order For Canada S Indigenous People written by Paul Havemann and has been published by Regina : Prairie Justice Research, School of Human Justice, University of Regina this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
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.
Peace And Good Order
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Author : Harold R. Johnson
language : en
Publisher: McClelland & Stewart
Release Date : 2019-09-24
Peace And Good Order written by Harold R. Johnson and has been published by McClelland & Stewart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with History categories.
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.
Justice In Aboriginal Communities
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Author : Ross Gordon Green
language : en
Publisher: UBC Press
Release Date : 1998-08-01
Justice In Aboriginal Communities written by Ross Gordon Green and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-08-01 with Law categories.
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.
Criminal Justice Indigenous People And Political Power In Canada
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Author : Teddy Harrison
language : en
Publisher:
Release Date : 2020
Criminal Justice Indigenous People And Political Power In Canada written by Teddy Harrison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
My dissertation contributes to the work of reconciling radically different justice concepts with a view to designing institutions that can be accepted as legitimate by Indigenous and non- Indigenous Canadians alike. The project is principally a work of political theory within Canadian politics, but it draws upon and contributes to literatures in political philosophy, empirical political science, criminology, and law. The central question of my dissertation is, how can criminal justice in Canada be rendered legitimate for Indigenous people? I argue that legitimate criminal justice is possible, but only if Canadian criminal justice practices are altered to incorporate fundamental insights from Indigenous theories of justice. Chapter two surveys the failures of Canadian criminal justice for Indigenous people, including overincarceration, underrepresentation on juries, the epidemic of missing and murdered Indigenous women, and over- and under-policing. Drawing on Indigenous voices, I argue that these are symptoms of an underlying problem: the criminal justice system is not legitimate for Indigenous people. In the third chapter, I argue that the prominent liberal theories of legitimacy that undergird the Canadian polity cannot legitimate the Canadian constitutional framework or the institutions of criminal justice. Instead, criminal justice institutions must establish a form of freestanding legitimacy by deploying practices that themselves are acceptable to Indigenous people. In chapter four I make the case that a separate system of justice for Indigenous people cannot provide legitimacy. The lives of Indigenous and non-Indigenous Canadians are sufficiently intertwined that justice problems would inevitably cross jurisdictional boundaries (defined territorially or by identity), leaving many caught in the other system. In matters of justice, separation cannot obviate the need for reconciliation. In chapter five, I work to reconcile Indigenous and non-Indigenous understandings of a concept fundamental to Canadian justice: impartiality. I develop an inclusive model of impartiality implicit in Indigenous practices of circle justice that can supplement the Canadian model of impartiality as disinterestedness. In the conclusion, I note that the level of punitiveness of Canadian justice is unjustified, and a less punitive approach for all would open up more juridical and legal space for Indigenous approaches to justice.
The Colonial Problem
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Author : Lisa Monchalin
language : en
Publisher: University of Toronto Press
Release Date : 2016-03-08
The Colonial Problem written by Lisa Monchalin and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-08 with Social Science categories.
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.
Hunger Horses And Government Men
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Author : Shelley A.M. Gavigan
language : en
Publisher: UBC Press
Release Date : 2012-10-24
Hunger Horses And Government Men written by Shelley A.M. Gavigan and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-24 with Law categories.
Scholars often accept without question that the Indian Act (1876) criminalized First Nations. In this illuminating book, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. Gavigan draws on court files, police and penitentiary records, and newspaper accounts and insights from critical criminology to interrogate state formation and criminal law in the Saskatchewan region of the North-West Territories between 1870 and 1905. By focusing on Aboriginal people’s participation in the courts rather than on narrow categories such as “the state” and “the accused,” Gavigan allows Aboriginal defendants, witnesses, and informants to emerge in vivid detail and tell the story in their own terms. Their experiences stand as evidence that the criminal law and the Indian Act operated in complex and contradictory ways that included both the mediation and the enforcement of relations of inequality.
Justice Indigenous Peoples And Canada
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Author : Taylor & Francis Group
language : en
Publisher: Routledge
Release Date : 2023-12-19
Justice Indigenous Peoples And Canada written by Taylor & Francis Group and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-19 with categories.
This book complies the work 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. 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.
Aboriginal Peoples And Canadian Criminal Justice
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Author : Robert A. Silverman
language : en
Publisher: Butterworth-Heinemann
Release Date : 1992
Aboriginal Peoples And Canadian Criminal Justice written by Robert A. Silverman and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Criminal justice, Administration of categories.
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.