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Distributed for University of British Columbia Press

Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights

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. David Milward asks why Aboriginal communities seek reform and identifies 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 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.

332 pages

Law and Society


Table of Contents

Foreword / Bruce Granville Miller

Acknowledgments

1 Introduction

2 Aboriginal Aspirations for Justice

3 The Current Situation in Canada

4 Addressing the Tension

5 Realizing the Culturally Sensitive Interpretation of Legal Rights

6 The Sentencing Process

7 The Trial Phase

8 The Investigative Stage

9 The Final Resolution

10 Conclusion

Notes

Bibliography

Index

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