Ebook: Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights

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.