How can Aboriginal justice be practically implemented in ways that go
beyond sentencing initiatives and parallels to restorative justice?
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. In this book, David Milward strikes out into new
territory well beyond that charted by the Royal Commission on
Aboriginal Peoples in the mid-1990s. He examines why Indigenous
communities seek to explore different paths in this area and
identifies 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 victims, offenders, and the community,
while at the same time complying with the protections guaranteed all
Canadians by the Charter of Rights.
Les mer
Realizing a Culturally Sensitive Interpretation of Legal Rights
Produktdetaljer
ISBN
9780774824583
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter