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.

Canadian Justice, Indigenous Injustice

Canadian Justice, Indigenous Injustice PDF Author: Kent Roach
Publisher:
ISBN: 0773556389
Category : Law
Languages : en
Pages : 329

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Book Description
An examination of the case involving twenty-two-year-old Cree man Colten Boushie from Red Pheasant First Nation who was fatally shot by white farmer Gerald Stanley on a Saskatchewan farm. Stanley was acquitted of both murder and manslaughter and the author puts forth the idea that it may have been a miscarriage of justice.

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.

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.

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.

Traditional, National, and International Law and Indigenous Communities

Traditional, National, and International Law and Indigenous Communities PDF Author: Marianne O. Nielsen
Publisher: University of Arizona Press
ISBN: 0816540411
Category : Social Science
Languages : en
Pages : 225

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Book Description
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

To Right Historical Wrongs

To Right Historical Wrongs PDF Author: Carmela Murdocca
Publisher: UBC Press
ISBN: 0774824999
Category : Social Science
Languages : en
Pages : 281

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Book Description
Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.

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.

Indigenous Environmental Justice

Indigenous Environmental Justice PDF Author: Karen Jarratt-Snider
Publisher: University of Arizona Press
ISBN: 0816541299
Category : Social Science
Languages : en
Pages : 233

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Book Description
This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. 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 land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. 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 and state indifference.

Case Critical

Case Critical PDF Author: Ben Carniol
Publisher: Between The Lines
ISBN: 1896357946
Category : Reference
Languages : en
Pages : 193

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Book Description
A classic text in social work education, Case Critical opens the door on Canada's social services from the perspective of social workers themselves, and service users or "cases", people whose voices we rarely hear. This completely revised and updated fifth edition includes new interviews and topics of discussion to reinforce Carniol's passionate case for social work as "liberation practice."