Aboriginal Justice and the Charter

Aboriginal Justice and the Charter

Author: David Milward

Publisher: UBC Press

Published: 2012-11-16

Total Pages: 332

ISBN-13: 0774824581

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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.


Indigenous Legal Traditions

Indigenous Legal Traditions

Author: Law Commission of Canada

Publisher: UBC Press

Published: 2008

Total Pages: 189

ISBN-13: 0774855770

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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.


Aboriginal Youth and the Criminal Justice System

Aboriginal Youth and the Criminal Justice System

Author: Fay Gale

Publisher: Cambridge University Press

Published: 1990-10-13

Total Pages: 174

ISBN-13: 0521374642

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In response to request from Aboriginal community leaders this study examines involvement of Aboriginal youth in criminal justice process in South Australia; presents statistics for types of offence, number of offences, prior offending records, geographical variations for types of offence in metropolitan, rural, remote areas; gives socio-economic profile of offenders; discusses Aboriginal/police relations; compares treatment of Aboriginal and non-Aboriginal youth in terms of police discretion in either arresting or reporting offender and relationship between method of apprehension or/and Screening Panel referral; discusses system of diversion - Childrens Aid Panels; examines operation of Childrens Court - nature of pleas, legal representation, reports, magistrates and judges, penalties.


Native Americans, Crime, And Justice

Native Americans, Crime, And Justice

Author: Marianne O. Nielsen

Publisher: Routledge

Published: 2019-03-13

Total Pages: 304

ISBN-13: 0429721056

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The historical involvement of Native peoples within the criminal justice system is a narrative of tragedy and injustice, yet Native American experience in this system has not been well studied. Despite disproportionate representation of Native Americans in the criminal justice system, far more time has been spent studying other minority groups. Nat


Crime, Shame and Reintegration

Crime, Shame and Reintegration

Author: John Braithwaite

Publisher: Cambridge University Press

Published: 1989-03-23

Total Pages: 242

ISBN-13: 9780521356688

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Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.


Doing Time - Time for Doing

Doing Time - Time for Doing

Author: Shayne Neumann

Publisher:

Published: 2011

Total Pages: 346

ISBN-13: 9780642792662

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This report provides an in depth look at what is currently being done to reduce the high levels of Indigenous youth contact with the criminal justice system. The statistics for the rate of detention of Indigenous youth are alarming and require the Australian Government to take further action. The committee makes 40 recommendations and focuses on a range of prevention and early intervention measures including: rebuilding positive social norms; targeting health and substance abuse; improving education attendance and pathways to employment; and improving the coordination of services in the justice sphere.


The Problem of Justice

The Problem of Justice

Author: Bruce Granville Miller

Publisher: U of Nebraska Press

Published: 2001-01-01

Total Pages: 260

ISBN-13: 9780803282759

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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. 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.