Moving toward justice : legal traditions and Aboriginal justice / edited by John D. Whyte.
2008
KE7708 . M68 2008
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Details
Title
Moving toward justice : legal traditions and Aboriginal justice / edited by John D. Whyte.
Added Author
Added Corporate Author
Imprint
Saskatoon : Purich Pub., ©2008.
Description
288 pages ; 23 cm.
Series
Purich's Aboriginal issues series.
Formatted Contents Note
Part One: The legal and political context for Aboriginal justice
The constituitional context
1. The generative structure of Aboriginal rights / Brian Slattery
2. Honouring the treaty acknowledgement of First Nations ; Self-government: Achieving justice through self-determination / Merrilee Rasmussen
Conceptualizing Aboriginal rights
3. Looking ahead: A pragmatic outlook on Aboriginal self-rule / Martin Blanchard
4. Reconciliation: Legal conception(s) and faces of justice / Dwight G. Newman
Sovereignty and development
5. Striking a balance: The rights of Aboriginal peoples and the rule of law in Canada / Thomas Isaac
6. Developmental and legal perspectives on Aboriginal justice administration / John D. Whyte
Part Two: Challenges of First Nations and Metis justice
Effective Aboriginal authority
7. Justice authorities in self-government agreements: The importance of conditions and mechanisms of implementation / Stephanie Irlbacher-Fox
Making structural changes in criminal justice
8. The criminal justice system and Aboriginal people / Margot Hurlbert and John McKenzie
Aboriginal women and criminal justice
9. R. v. Gladue: sentencing and the gendered impacts of colonialism / Angela Tomporowski
Making restorative justice work
10. The impact of reporting requirements on restorative ; Justice agencies: Implications for self-determination / Barbara Tomporowski
The charter of rights in Aboriginal government
11. First nations and the charter of rights / Bill Rafoss
12. Indigenous and state justice systems in Kenya: Toward a realization of justice / Winifred Kamau.
The constituitional context
1. The generative structure of Aboriginal rights / Brian Slattery
2. Honouring the treaty acknowledgement of First Nations ; Self-government: Achieving justice through self-determination / Merrilee Rasmussen
Conceptualizing Aboriginal rights
3. Looking ahead: A pragmatic outlook on Aboriginal self-rule / Martin Blanchard
4. Reconciliation: Legal conception(s) and faces of justice / Dwight G. Newman
Sovereignty and development
5. Striking a balance: The rights of Aboriginal peoples and the rule of law in Canada / Thomas Isaac
6. Developmental and legal perspectives on Aboriginal justice administration / John D. Whyte
Part Two: Challenges of First Nations and Metis justice
Effective Aboriginal authority
7. Justice authorities in self-government agreements: The importance of conditions and mechanisms of implementation / Stephanie Irlbacher-Fox
Making structural changes in criminal justice
8. The criminal justice system and Aboriginal people / Margot Hurlbert and John McKenzie
Aboriginal women and criminal justice
9. R. v. Gladue: sentencing and the gendered impacts of colonialism / Angela Tomporowski
Making restorative justice work
10. The impact of reporting requirements on restorative ; Justice agencies: Implications for self-determination / Barbara Tomporowski
The charter of rights in Aboriginal government
11. First nations and the charter of rights / Bill Rafoss
12. Indigenous and state justice systems in Kenya: Toward a realization of justice / Winifred Kamau.
Summary
"The struggle to reform Canada's justice system is nothing short of a cry for justice itself, and the response to this cry is too slow and too narrow. The essays collected in Moving Toward Justice include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice. Part I of the book examines the legal and political context for Aboriginal justice, theories of law and the constitution, as well as theories of development and administration that compel much broader initiatives of Aboriginal self-government. Part II examines specific initiatives and the problems some of them have created. Justice reform is complex and controversial. The challenges increase when the context for reform includes the search for greater safety and security in Aboriginal communities, recognition of cultural integrity, and the need to promote inter-societal respect. This book aims to underscore the urgent need for Aboriginal justice reform, to suggest the outlines of the constitutional and administrative changes that will allow reform to occur, and to explore a series of specific issues that have arisen from reforms already made."--Pub. website.
Note
Proceedings of a conference held in Regina, Sask., Mar. 1-3, 2006.
Published in association with the Saskatchewan Institute of Public Policy, University of Regina.
Published in association with the Saskatchewan Institute of Public Policy, University of Regina.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KE7708 . M68 2008
Language
English
ISBN
9781895830330 (pbk.)
1895830338
1895830338
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