Download or read book Truth and Conviction written by L. Jane McMillan and published by UBC Press. This book was released on 2018-11-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence. With the backing of Mi’kmaw chiefs, he took the case all the way to the Supreme Court to vindicate Indigenous treaty rights in the landmark Marshall decision. Marshall was only fifty-five when he died in 2009. His legacy lives on as Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.

Download or read book Cape Bretoniana written by Beaton Institute of Cape Breton Studies and published by University of Toronto Press. This book was released on 2005-01-01 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nova Scotia's Cape Breton Island is a beautiful region with a unique community whose history and ethnic composition have resulted in the evolution of a powerful sense of identity and place. While outsiders may think only of the island's perennial economic woes and long economic dependence on coal mining and steel production, it is also the home of a rich, vibrant, and distinct culture. Brian Douglas Tennyson's Cape Bretoniana is the first bibliography to gather together all known publications relating to the history, culture, economy, and politics of Cape Breton Island. With more than 6000 entries, it not only provides a comprehensive listing of publications and post-graduate theses, but also detailed annotations on the listings. Each entry lists the author, title, place of publication, publisher, date of publication, volume and issue number in the case of periodicals, and page references, followed by a brief description of the item. Cape Breton has never been so thoroughly documented. This bibliography will help to ensure that ? even in a world becoming increasingly homogenized by the forces of globalization ? unique cultural identities like Cape Breton's can be preserved and nurtured.

Download or read book Building on The Decade of Disclosure In Criminal Procedure written by John Epp and published by Routledge. This book was released on 2013-03-04 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2003-03-27 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty.

Download or read book Transcontinental Dialogues written by R. Aída Hernández Castillo and published by University of Arizona Press. This book was released on 2019-04-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcontinental Dialogues brings together Indigenous and non-Indigenous anthropologists from Mexico, Canada, and Australia who work at the intersections of Indigenous rights, advocacy, and action research. These engaged anthropologists explore how obligations manifest in differently situated alliances, how they respond to such obligations, and the consequences for anthropological practice and action. This volume presents a set of pieces that do not take the usual political or geographic paradigms as their starting point; instead, the particular dialogues from the margins presented in this book arise from a rejection of the geographic hierarchization of knowledge in which the Global South continues to be the space for fieldwork while the Global North is the place for its systematization and theorization. Instead, contributors in Transcontinental Dialogues delve into the interactions between anthropologists and the people they work with in Canada, Australia, and Mexico. This framework allows the contributors to explore the often unintended but sometimes devastating impacts of government policies (such as land rights legislation or justice initiatives for women) on Indigenous people’s lives. Each chapter’s author reflects critically on their own work as activist-scholars. They offer examples of the efforts and challenges that anthropologists—Indigenous and non-Indigenous—confront when producing knowledge in alliances with Indigenous peoples. Mi’kmaq land rights, pan-Maya social movements, and Aboriginal title claims in rural and urban areas are just some of the cases that provide useful ground for reflection on and critique of challenges and opportunities for scholars, policy-makers, activists, allies, and community members. This volume is timely and innovative for using the disparate anthropological traditions of three regions to explore how the interactions between anthropologists and Indigenous peoples in supporting Indigenous activism have the potential to transform the production of knowledge within the historical colonial traditions of anthropology.

Download or read book Disciplining Judges written by Richard Devlin and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.

Download or read book Criminal Injustice written by Robynne Neugebauer and published by Canadian Scholars’ Press. This book was released on 2000-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines racism within the process of criminal justice. In every society criminal justice plays a key role establishing social control and maintaining the hegemony of the dominant economic classes. The contributors to this anthology argue that the differential treatment of people of colour and First Nations peoples is due to systemic racism within all levels of the criminal justice system, which serves these dominant classes. Ideological and cultural changes are preconditions for the success of anti-racist policies and practices within the criminal justice system and within other state institutions. Recommendations for transformations in justice policy and practice are provided.

Download or read book Marginality and Condemnation 3rd Edition written by Carolyn Brooks and published by Fernwood Publishing. This book was released on 2021-12-13T00:00:00Z with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: **Includes test bank and PowerPoint slides for professors who have adopted the text in their course. Contact [email protected] for more information. ** This well-received criminology textbook, now in its third edition, argues that crime must be understood as both a social and a political phenomenon. Using this lens, Marginality and Condemnation contends that what is defined as criminal, how we respond to “crime” and why individuals behave in anti-social ways are often the result of individual and systemic social inequalities and disparities in power. Beginning with an overview of criminological discourse, mainstream approaches and new directions in criminological theory, the book is then divided into sections, based on key social inequalities of class, gender, race and age, each of which begins with an outline of the general issues for understanding crime and an introduction that guides readers through the empirical chapters that follow. The studies provide insights into general issues in criminology, ranging from the historical and current nature of crime and criminal justice to the various responses to criminality. Readers are encouraged and challenged to understand crime and justice through concrete analyses rather than abstract argumentation. In addition to a new introductory chapter that confronts how we define crime, measure crime, and understand and use criminology in this millennium, the third edition provides new chapters examining crime in relation to the environment, terrorism, masculinity, children and youth, and Aboriginal gangs and the legacy of colonialism.

Download or read book Negotiation and Conflict Resolution in Criminal Practice written by Rebecca Jaremko Bromwich and published by Canadian Scholars. This book was released on 2019-11-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios. This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.

Download or read book Inalienable Properties written by Jamie Baxter and published by UBC Press. This book was released on 2020-05-31 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: As many Indigenous communities return to self-governance and self-determination, they are taking their own approaches to property rights and community development. Based on case studies in four Indigenous communities – the Westbank, Membertou, Nisga’a, and James Bay Cree nations – Jamie Baxter traces how local leaders have set the course for land rights and development during formative periods of legal and economic upheaval. Drawing on new research about institutional change in organizational settings, Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. Inalienable Properties challenges the view that liberalized land markets are the inevitable result of legal and economic change. It shows how inalienability can result from intentional choices and is linked to structures of decision-making that have long-lasting consequences for communities.

Download or read book When Justice Is a Game written by MaDonna Maidment and published by Fernwood Publishing. This book was released on 2021-01-10T00:00:00Z with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: All too often the police do not get the right person. Wrongful convictions are framed as mistakes or failures of the justice system. However, many of the wrongfully convicted are from among the poor and visible minority groups. The law then becomes an ideological mask relieving us of the responsibility of engaging with the real issues that underscore wrongful convictions. MaDonna Maidment illustrates how the desire to get a conviction and paint the police and the courts in a positive light often means that false evidence and court decisions based on prejudice and racism lead to innocent people being convicted. “The official version of the law,” says Maidment, “despite its claims of impartiality, neutrality and objectivity, is a tool of the state and its elite club members designed to maintain the illegitimate domination of society.” Turning back to the very sys-tem that got it wrong in the first place therefore should be a non-starter.

Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

Download or read book The Supreme Court Law Review written by and published by . This book was released on 2002 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reckoning with Racism written by Constance Backhouse and published by UBC Press. This book was released on 2022-11-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, complacency about the racial neutrality of a predominantly white judiciary was shattered as the Supreme Court of Canada considered a complaint of judicial racial bias for the first time. The judge in question was Corrine Sparks, the country’s first Black female judge. Reckoning with Racism considers the RDS case. A white Halifax police officer had arrested a Black teenager, placed him in a choke hold, and charged him with assaulting an officer and obstructing arrest. In acquitting the teen, Judge Sparks remarked that police sometimes overreacted when dealing with non-white youth. The acquittal held, but most of the white appeal judges critiqued her comments, based on the tradition that the legal system was non-racist unless proven otherwise. That became a matter of wide debate. This book assesses the case of alleged anti-white judicial bias, the surrounding excitement, the dramatic effects on those involved, and the significance for the Canadian legal system.

Download or read book Racism in the Criminal Justice System written by University of Toronto. Centre of Criminology and published by . This book was released on 1995 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Justice Indigenous Peoples and Canada written by Kathryn M. Campbell and published by Taylor & Francis. This book was released on 2023-12-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.

Download or read book Miscarriages of Justice in Canada written by Kathryn M. Campbell and published by University of Toronto Press. This book was released on 2018-06-12 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innocent people are regularly convicted of crimes they did not commit. A number of systemic factors have been found to contribute to wrongful convictions, including eyewitness misidentification, false confessions, informant testimony, official misconduct, and faulty forensic evidence. In Miscarriages of Justice in Canada, Kathryn M. Campbell offers an extensive overview of wrongful convictions, bringing together current sociological, criminological, and legal research, as well as current case-law examples. For the first time, information on all known and suspected cases of wrongful conviction in Canada is included and interspersed with discussions of how wrongful convictions happen, how existing remedies to rectify them are inadequate, and how those who have been victimized by these errors are rarely compensated. Campbell reveals that the causes of wrongful convictions are, in fact, avoidable, and that those in the criminal justice system must exercise greater vigilance and openness to the possibility of error if the problem of wrongful conviction is to be resolved.