Justice Indigenous Peoples And Canada
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Justice Indigenous Peoples And Canada
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Author : Kathryn M. Campbell
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-19
Justice Indigenous Peoples And Canada written by Kathryn M. Campbell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-19 with Social Science categories.
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.
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.
Environmental Justice And The Rights Of Indigenous Peoples
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Author : Laura Westra
language : en
Publisher: Earthscan
Release Date : 2012
Environmental Justice And The Rights Of Indigenous Peoples written by Laura Westra and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Aboriginal Justice And The Charter
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Author : David Milward
language : en
Publisher: UBC Press
Release Date : 2012-11-22
Aboriginal Justice And The Charter written by David Milward and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-22 with Social Science categories.
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.
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.
By Law Or In Justice
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Author : Jane Dickson
language : en
Publisher: Purich Books
Release Date : 2018-04-27
By Law Or In Justice written by Jane Dickson and has been published by Purich Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Social Science categories.
The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. Written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved. Dickson draws upon the records of the commission and her long research and experience with Indigenous claims to provide a balanced, careful analysis of Canada’s claims policy; she also makes a passionate plea for greater claims justice.
Indigenous Legal Traditions
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Author : Law Commission of Canada
language : en
Publisher: UBC Press
Release Date : 2008-01-01
Indigenous Legal Traditions written by Law Commission of Canada and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
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.
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.
The Problem Of Justice
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Author : Bruce Granville Miller
language : en
Publisher: U of Nebraska Press
Release Date : 2001-01-01
The Problem Of Justice written by Bruce Granville Miller and has been published by U of Nebraska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Social Science categories.
For the indigenous peoples of North America, the history of colonialism has often meant a distortion of history, even, in some cases, a loss or distorted sense of their own native practices of justice. How contemporary native communities have dealt quite differently with this dilemma is the subject of The Problem of Justice, a richly textured ethnographic study of indigenous peoples struggling to reestablish control over justice in the face of conflicting external and internal pressures. ø The peoples discussed in this book are the Coast Salish communities along the northwest coast of North America: the Upper Skagit Indian Tribe in Washington State, the St¢:lo Nation in British Columbia, and the South Island Tribal Council on Vancouver Island. Here we see how, despite their common heritage and close ties, each of these communities has taken a different direction in understanding and establishing a system of tribal justice. Describing the results?from the steadily expanding independence and jurisdiction of the Upper Skagit Court to the collapse of the South Island Justice Project?Bruce G. Miller advances an ethnographically informed, comparative, historically based understanding of aboriginal justice and the particular dilemmas tribal leaders and community members face. His work makes a persuasive case for an indigenous sovereignty associated with tribally controlled justice programs that recognize diversity and at the same time allow for internal dissent.
Wise Practices
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Author : Robert Hamilton
language : en
Publisher: University of Toronto Press
Release Date : 2021
Wise Practices written by Robert Hamilton 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 2021 with Autonomy categories.
This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.