Law And Order For Canada S Indigenous People

Critical assessment of available Canadian research literature (generally 1972-1983) describing the impact of selected components of the criminal justice system on native people in Canada.

Non-Aboriginal material.

"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.

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.

"Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reparation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, treaties, fiduciary duties, the honour of the Crown, Aboriginal rights and title, the duty to consult, and Indigenous laws. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society."--Provided by publisher.

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.

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.