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The Art of Science in the Canadian Justice System - A Reflection of My Experiences as an Expert Witness (Hardcover): Charles... The Art of Science in the Canadian Justice System - A Reflection of My Experiences as an Expert Witness (Hardcover)
Charles Ferguson, David Milward
R3,925 Discovery Miles 39 250 Ships in 10 - 15 working days

Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience-from a scientist and medical professional's perspective-in dealing with lawyers, judges, and the process of testifying in numerous court-offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book-cases Dr. Ferguson was personally involved with-are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising-in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth-truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

Reconciliation and Indigenous Justice - A Search for Ways Forward (Paperback): David Milward Reconciliation and Indigenous Justice - A Search for Ways Forward (Paperback)
David Milward
R569 Discovery Miles 5 690 Ships in 10 - 15 working days

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

Aboriginal Justice and the Charter - Realizing a Culturally Sensitive Interpretation of Legal Rights (Paperback): David Milward Aboriginal Justice and the Charter - Realizing a Culturally Sensitive Interpretation of Legal Rights (Paperback)
David Milward
R829 Discovery Miles 8 290 Ships in 10 - 15 working days

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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