Aboriginal Justice and the Charter

Author: David Milward

Publisher: UBC Press

ISBN: 9780774824583

Category: Social Science

Page: 332

View: 190

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.
Aboriginal Justice and the Charter

Author: David Milward

Publisher: UBC Press

ISBN: 0774824573

Category: Law

Page: 303

View: 126

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.
Trauma-Informed Youth Justice

Author: Judah Oudshoorn

Publisher: Canadian Scholars’ Press

ISBN: 9781551308852

Category: Juvenile delinquents

Page: 364

View: 671

Most youth who come in conflict with the law have experienced some form of trauma, yet many justice professionals are ill-equipped to deal with the effects trauma has on youth and instead reinforce a system that further traumatizes young offenders while ignoring the needs of victims. By taking a trauma-informed perspective, this text provides a much-needed alternative--one that allows for interventions based on principles of healing and restorative justice, rather than on punishment and risk assessment. In addition to providing a comprehensive historical overview of youth justice in Canada, Judah Oudshoorn addresses the context of youth offending by examining both individual trauma--including its emotional, cognitive, and behavioural effects--and collective trauma. The author tackles some of the most difficult problems facing youth justice today, especially the ongoing cycles of intergenerational trauma caused by the colonization of Indigenous peoples and patriarchal violence, and demonstrates how a trauma-informed approach to youth justice can work toward preventing crime and healing offenders, victims, and communities. Featuring a foreword written by Howard Zehr, case stories from the author's own work with victims and offenders, questions for reflection, and annotated lists of recommended readings, this engaging text is the perfect resource for college and university students in the field of youth justice.
Trauma-Informed Juvenile Justice in the United States

Author: Judah Oudshoorn

Publisher: Canadian Scholars’ Press

ISBN: 9781551309484

Category: Law

Page: 324

View: 706

Most youth who come in conflict with the law have experienced some form of trauma, yet many justice professionals are ill-equipped to deal with the effects trauma has on youth and instead reinforce a system that further traumatizes young offenders while ignoring the needs of victims. By taking a trauma-informed perspective, this text provides a much-needed alternative—one that allows for interventions based on principles of healing and restorative justice, rather than on punishment and risk assessment. In addition to providing a comprehensive historical overview of youth justice in Canada, Judah Oudshoorn addresses the context of youth offending by examining both individual trauma—including its emotional, cognitive, and behavioural effects—and collective trauma. The author tackles some of the most difficult problems facing youth justice today, especially the ongoing cycles of intergenerational trauma caused by the colonization of Indigenous peoples and patriarchal violence, and demonstrates how a trauma-informed approach to youth justice can work toward preventing crime and healing offenders, victims, and communities. Featuring a foreword written by Howard Zehr, case stories from the author’s own work with victims and offenders, questions for reflection, and annotated lists of recommended readings, this engaging text is the perfect resource for college and university students in the field of youth justice.
The Canadian Regime

Author: Patrick Malcolmson

Publisher: University of Toronto Press

ISBN: 9781487525378

Category: Canada

Page: 314

View: 917

This book provides a concise explanation of the fundamental principles and primary institutions of the Canadian political regime.
Due Process and Victims' Rights

Author: Kent Roach

Publisher: University of Toronto Press

ISBN: 080200931X

Category: Philosophy

Page: 414

View: 306

A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Contemporary Issues in Global Criminal Justice

Author: Ed Johnston

Publisher: Rowman & Littlefield

ISBN: 9781793637345

Category: Criminal justice, Administration of

Page: 303

View: 170

Contemporary Issues in Global Criminal Justice provides a holistic analysis of modern criminal justice issues, encompassing the pre-trial, investigative, and post-conviction stages of criminal justice in legal settings across the world. The contributors acknowledge and examine the vast array of challenges in global criminal justice, from the role of the International Criminal Court to policing, the integration of technology, and how marginalized groups, such as sex workers and those with addictions, are treated in the courts. With contributions from scholars in England and Wales, New Zealand, Croatia, Spain, the Netherlands, Canada, and The Republic of North Macedonia, this book is not limited to one jurisdiction, and highlights that criminal justice is very much a global issue in a state of crisis. From policing to the courts, it is in urgent need of reform. Without a competent criminal justice system, justice does not exist. This book would be of interest to scholars in the legal, criminal justice, and criminology fields.
The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press

ISBN: 9780197516751

Category: Law

Page: 944

View: 609

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Restorative Justice and Violence Against Women

Author: James Ptacek

Publisher: Oxford University Press

ISBN: 9780199714872

Category: Social Science

Page: 312

View: 218

Controversial and forward-thinking, this volume presents a much-needed analysis of restorative justice practices in cases of violence against women. Advocates, community activists, and scholars will find the theoretical perspectives and vivid case descriptions presented here to be invaluable tools for creating new ways for abused women to find justice.
Aboriginal Peoples and the Law

Author: Jim Reynolds

Publisher: Purich Books

ISBN: 9780774880237

Category: Law

Page: 296

View: 636

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.
Accommodating Cultural Diversity

Author: Mr Stephen Tierney

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409493495

Category: Law

Page: 270

View: 929

This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.