Aboriginal Justice and the Charter
Realizing A Culturally Sensitive Interpretation of Legal RightsBook - 2012
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.
Milward, a law professor of Cree ancestry at the University of Manitoba, makes a case for the creation of free-standing Aboriginal justice programs, conceived and administered by aboriginal communities in Canada. The author advocates the concept of culturally sensitive interpretation of legal rights as articulated by the Royal Commission of Aboriginal Peoples. He argues that the Canadian Charter of Rights and Freedoms might be reinterpreted to provide greater room for the operation of indigenous methods of justice. The author draws on interviews with Aboriginal people themselves to articulate Aboriginal visions of justice. The book is distributed in the US by the University of Washington Press and in Canada by the University of Toronto Press. Annotation ©2012 Book News, Inc., Portland, OR (booknews.com)