Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights (Law and Society)

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9780774824576: Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights (Law and Society)
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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.

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Book Description:

Instead of focusing on idealized notions of Aboriginal justice, this book explores how Aboriginal justice can be practically implemented without conflicting with rights guaranteed by the Canadian Charter of Rights and Freedoms.

From the Inside Flap:

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.

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Other Popular Editions of the Same Title

9780774824569: Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights (Law and Society)

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ISBN 10:  0774824565 ISBN 13:  9780774824569
Publisher: UBC Press, 2012
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