Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights

Bibliographic Data

ID19193273
AuthorsDavid Milward (corresponding author), David Leo Milward
Year2012
Publication date2012-11-22
Open AccessNo
TypeBOOK
VenueLaw and Society Series : Aboriginal Justice and the Charter (SOURCE_BOOK)
PublisherUniversity of British Columbia Press (PUBLISHER)
DOI10.59962/9780774824583
OpenAlexW4385721907
Open LibraryOL44255734M
ISBN9780774824583
LanguageEN
Citations received5

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

Charter · Criminology · Economic Justice · Political science · Sociology · Indigenous Health, Education, and Rights · Indigenous Peoples' Rights and Law · Law · Multicultural Socio-Legal Studies

Tools

Open DOI