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Distributed for Purich Publishing

Moving Toward Justice

Legal Traditions and Aboriginal Justice

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. These essays 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 explores a series of specific issues that have arisen from reforms already made—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.

Table of Contents

Foreword / Tony Penikett
Introduction / John D. Whyte

The Constitutional Context
1. The Generative Structure of Aboriginal Rights / Brian Slattery
2. Honouring the Treaty Acknowledgment 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

Effective Aboriginal Authority
7. Justice Authorities in Self-Government Agreements: The Importance of Conditions and Mechanisms of Implementation and Making Structural Changes in Criminal Justice / Stephanie Irlbacher-Fox
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 Cameron

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


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