Canadian Justice, Indigenous Injustice

Canadian Justice, Indigenous Injustice PDF Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773556451
Category : Social Science
Languages : en
Pages : 329

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Book Description
In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Canadian Justice, Indigenous Injustice

Canadian Justice, Indigenous Injustice PDF Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773556451
Category : Social Science
Languages : en
Pages : 329

Get Book Here

Book Description
In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

The Colonial Problem

The Colonial Problem PDF Author: Lisa Monchalin
Publisher: University of Toronto Press
ISBN: 1442606649
Category : Social Science
Languages : en
Pages : 448

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Book Description
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.

Indigenous Environmental Justice

Indigenous Environmental Justice PDF Author: Karen Jarratt-Snider
Publisher: Indigenous Justice
ISBN: 0816540837
Category : Law
Languages : en
Pages : 233

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Book Description
"With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women PDF Author: Lily George
Publisher: Springer Nature
ISBN: 3030445674
Category : Social Science
Languages : en
Pages : 290

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Book Description
This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women’s incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally.

Highway of Tears

Highway of Tears PDF Author: Jessica McDiarmid
Publisher: Simon and Schuster
ISBN: 150116029X
Category : Political Science
Languages : en
Pages : 352

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Book Description
In the vein of the astonishing and eye-opening bestsellers I'll Be Gone in the Dark and The Line Becomes a River, this stunning work of investigative journalism follows a series of unsolved disappearances and murders of Indigenous women in rural British Columbia.

Reclaiming Power and Place

Reclaiming Power and Place PDF Author: National Inquiry into Missing and Murdered Indigenous Women and Girls
Publisher:
ISBN: 9780660292755
Category : Governmental investigations
Languages : en
Pages :

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Book Description


Everyday Exposure

Everyday Exposure PDF Author: Sarah Marie Wiebe
Publisher: UBC Press
ISBN: 0774832665
Category : Technology & Engineering
Languages : en
Pages : 281

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Book Description
Near the Ontario-Michigan border, Canada’s densest concentration of chemical manufacturing surrounds the Aamjiwnaang First Nation. Living in the polluted heart of Chemical Valley, Indigenous community members express concern about a declining rate of male births in addition to abnormal incidences of miscarriage, asthma, cancer, and cardiovascular and respiratory illnesses. As this book reveals, Canada’s dark legacy of inflicting harm on Indigenous bodies persists through a system that fails to adequately address health and ecological suffering in First Nations’ communities like Aamjiwnaang. Everyday Exposure uncovers the systemic injustices faced on a daily basis in Aamjiwnaang. Exploring the problems that Canada’s conflicting levels of jurisdiction pose for the creation of environmental justice policy, analyzing clashes between Indigenous and scientific knowledge, and documenting the experiences of Aamjiwnaang residents as they navigate their toxic environment, this book argues that social and political changes require an experiential and transformative “sensing policy” approach, one that takes the voices of Indigenous citizens seriously.

Truth and Conviction

Truth and Conviction PDF Author: L. Jane McMillan
Publisher: UBC Press
ISBN: 0774837519
Category : Law
Languages : en
Pages : 233

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Book Description
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.

September 11'

September 11' PDF Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773571272
Category : Political Science
Languages : en
Pages : 280

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Book Description
In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.

The Lynching of Louie Sam

The Lynching of Louie Sam PDF Author: Elizabeth Stewart
Publisher: Annick Press
ISBN: 1554514940
Category : Juvenile Fiction
Languages : en
Pages : 199

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Book Description
Between 1882 and 1968 there were 4,742 lynchings in the United States. In Canada during the same period there was one—the hanging of American Indian Louie Sam. The year is 1884, and 15-year-old George Gillies lives in the Washington Territory, near the border with British Columbia. In this newly settled land, white immigrants have an uneasy relationship with the Native Indians. When George and his siblings discover the murdered body of a local white man, suspicion immediately falls on a young Indian named Louie Sam. George and his best friend, Pete, follow a lynch mob north into Canada, where the terrified boy is seized and hung. But even before the deed is done, George begins to have doubts. Louie Sam was a boy, only 14—could he really be a vicious murderer? Were the mob leaders motivated by justice, or were they hiding their own guilt? As George uncovers the truth—implicating Pete’s father and other prominent locals—tensions in the town rise, and he must face his own part in the tragedy. But standing up for justice has devastating consequences for George and his family. Inspired by the true story of the lynching, recently acknowledged as a historical injustice by Washington State, this powerful novel offers a stark depiction of historical racism and the harshness of settler life. The story will provoke readers to reflect on the dangers of mob mentality and the importance of speaking up for what’s right.