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Aboriginal Justice and the Charter
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.
Federal Probation
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Justice in Aboriginal Communities
Combining qualitative research, personal experience, and scholarly literature Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based against the Aboriginal concepts of justice. Using his personal experiences as a defence lawyer, case studies of several communities, as well as interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees, Green approaches the criminal justice system from multiple angles. Against this backdrop, he analyzes the successes of and challenges to the innovative sentencing approaches currently evolving in Aboriginal communities.
Current Law Index
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Highland Heritage
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Reclaiming Aboriginal Justice, Identity, and Community
Justice for Aboriginal peoples in an urban context is a complex issue, which should involve consideration of healing, tradition, and community, but rarely does. In his analysis of justice issues facing urban Aboriginals, Proulx pays particular attention to the situation of Aboriginal peoples in Canada, and how the current justice system has failed them. He looks at alternatives to the current system, examining in detail the Community Council Project (CCP), an Aboriginal-run diversion program in Toronto. The analysis of the CCP shows how effective, culturally appropriate, alternative justice mechanisms can provide justice for those not well served by the current system. Describing and analyzi...
All the Year Round
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