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Author: Kent Roach Publisher: McGill-Queen's Press - MQUP ISBN: 0773556443 Category : Social Science Languages : en Pages : 329
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.
Author: Kent Roach Publisher: McGill-Queen's Press - MQUP ISBN: 0773556443 Category : Social Science Languages : en Pages : 329
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.
Author: Kent Roach Publisher: McGill-Queen's Press - MQUP ISBN: 0773556451 Category : Social Science Languages : en Pages : 329
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.
Author: Lisa Monchalin Publisher: University of Toronto Press ISBN: 1442606649 Category : Social Science Languages : en Pages : 448
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.
Author: Carmela Murdocca Publisher: UBC Press ISBN: 0774824999 Category : Social Science Languages : en Pages : 281
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.
Author: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 0816540411 Category : Social Science Languages : en Pages : 225
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.
Author: Karen Jarratt-Snider Publisher: Indigenous Justice ISBN: 0816540837 Category : Law Languages : en Pages : 233
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"--
Author: Sunera Thobani Publisher: University of Toronto Press ISBN: 1487523815 Category : Discrimination in higher education Languages : en Pages : 422
Book Description
Coloniality and Racial (In)Justice in the University examines the disruption and remaking of the university at a moment in history when white supremacist politics have erupted across North America, as have anti-racist and anti-colonial movements. Situating the university at the heart of these momentous developments, this collection debunks the popular claim that the university is well on its way to overcoming its histories of racial exclusion. Written by faculty and students located at various levels within the institutional hierarchy, this book demonstrates how the shadows of settler colonialism and racial division are reiterated in "newer" neoliberal practices. Drawing on critical race and Indigenous theory, the chapters challenge Eurocentric knowledge, institutional whiteness, and structural discrimination that are the bedrock of the institution. The authors also analyse their own experiences to show how Indigenous dispossession, racial violence, administrative prejudice, and imperialist militarization shape classroom interactions within the university.
Author: Robynne Neugebauer Publisher: Canadian Scholars’ Press ISBN: 1551301644 Category : Social Science Languages : en Pages : 396
Book Description
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.
Author: L. Jane McMillan Publisher: UBC Press ISBN: 0774837519 Category : Law Languages : en Pages : 230
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 – tells the story of how Marshall’s life-long battle against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall died in 2009, but his legacy lives on. 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.
Author: Sherene Razack Publisher: University of Toronto Press ISBN: 144262891X Category : Coroners Languages : en Pages : 324
Book Description
Razack s powerful critique of the Canadian settler state and its legal system speaks to many of today s most pressing issues of social justice."
Author: Kent Roach
Author: Kent Roach
Author: Kent Roach
Author: Lisa Monchalin
Author: Carmela Murdocca
Author: Marianne O. Nielsen
Author: Karen Jarratt-Snider
Author: Sunera Thobani
Author: Robynne Neugebauer
Author: L. Jane McMillan
Author: Sherene Razack