Aboriginal justice and the Charter : realizing a culturally sensitive interpretation of legal rights / David L. Milward.

Format:

Book

Author/Creator:

Milward, David Leo, 1974-

Series:

Law and society series.

Law and society

Language:

English

Subjects (All):

Indigenous peoples--Legal status, laws, etc--Canada.

Indigenous peoples.

Canada. Canadian Charter of Rights and Freedoms.

Canada.

Physical Description:

1 online resource (xviii, 303 pages)

Edition:

1st ed.

Place of Publication:

Vancouver : UBC Press, 2012.

Language Note:

English

Summary:

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.

Contents:

Front Matter

Contents

Foreword

Acknowledgments

Introduction

Aboriginal Aspirations for Justice

The Current Situation in Canada

Addressing the Tension

Realizing the Culturally Sensitive Interpretation of Legal Rights

The Sentencing Process

The Trial Phase

The Investigative Stage

The Final Resolution

Conclusion

Notes

Bibliography

Index

Law and Society

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

0-7748-4373-X

1-283-64644-7

0-7748-2458-1

OCLC:

804030372