How can Aboriginal justice be practically implemented in ways
that
go beyond sentencing initiatives and parallels to restorative
justice?
"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.
In this book, David Milward strikes out into new territory well
beyond
that charted by the Royal Commission on Aboriginal Peoples in
the
mid-1990s. He examines why Indigenous communities seek to
explore
different paths in this area and identifies 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 victims, offenders, and the community, while at the
same
time complying with the protections guaranteed all Canadians by
the
Charter of Rights.David Milward is an assistant professor of law at
the
University of Manitoba.
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