Canadian Indigenous peoples and criminal jury trials : remediating inequities / Brian Manarin, B.A., LL.B. (Windsor), LL.M. (London), Ph.D. (Leicester) (Member of the Law Society of Ontario, Adjunct Professor of Law, University of Windsor).
2019
KC212 .M38 2019
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Title
Canadian Indigenous peoples and criminal jury trials : remediating inequities / Brian Manarin, B.A., LL.B. (Windsor), LL.M. (London), Ph.D. (Leicester) (Member of the Law Society of Ontario, Adjunct Professor of Law, University of Windsor).
Imprint
Toronto, Ontario : LexisNexis Canada Inc., 2019.
Copyright
©2019
Description
xxvii, 193 pages ; 23 cm
Formatted Contents Note
Introduction
Context setting : the unique position and circumstances of indigenous peoples in Canadian society
Should potential jurors be disqualified due to their criminal antecedents and what is the impact of such a policy on indigenous peoples?
Does the "challenge for cause" procedure work fairly and effectively for indigenous peoples when attempting to expose partiality?
Is the "peremptory challenge" option neutral in its application or potentially discriminatory against indigneous peoples?
Conclusions.
Context setting : the unique position and circumstances of indigenous peoples in Canadian society
Should potential jurors be disqualified due to their criminal antecedents and what is the impact of such a policy on indigenous peoples?
Does the "challenge for cause" procedure work fairly and effectively for indigenous peoples when attempting to expose partiality?
Is the "peremptory challenge" option neutral in its application or potentially discriminatory against indigneous peoples?
Conclusions.
Summary
"This monograph challenges the present doctrinal and policy positions that are in place in Canada regarding who may serve on a jury and how the petit jury is assembled in the Superior Courts across the land. The presumption that Canadians with criminal antecedents are unsuitable for jury duty is challenged both on the backdrop of history as well as against the present-day reality that one-in-ten of the citizenry is possessed of a criminal record. Additionally, once prospective jurors are summoned to court, the selection methods and "challenge" mechanisms are exposed as functionally ineffective and open to unsettling forms of abuse."-- Provided by publisher.
Note
Includes table of cases.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KC212 .M38 2019
Language
English
ISBN
9780433500667 (softcover)
0433500662 (softcover)
0433500662 (softcover)
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