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Jon Nadler, Annual Criminal Law Conference 12F, 2018 CanLIIDocs 10836
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Aboriginal representation in Canadian correctional institutions has increased rapidly over the past decade. We calculated “years of life lost to incarceration” for Aboriginal and non-Aboriginal Canadians.
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"Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws and Canada's constitutional narratives. Two significant statements by the current Liberal government (the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau) have endorsed UNDRIP and committed Canada to implementing it as 'a way forward' on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses"-- Provided by the publisher.
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"In Algonquian folklore, the wetiko is a cannibal monster or spirit that possesses a person, rendering them monstrous. In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children. Friedland critically analyses Cree and Anishinabek stories and oral histories alongside current academic and legal literature to find solutions to the frightening rates of intimate violence and child victimization in Indigenous communities. She applies common-law legal analysis to these Indigenous stories and creates a framework for analysing stories in terms of the legal principles that they contain. The author reveals similarities in thinking and theorizing around the dynamics of wetikos and offenders in cases of child sexual victimization. Friedland's respectful, strength-based, trauma-informed approach builds on the work of John Borrows and is the first to argue for a legal category derived from Indigenous legal traditions. The Wetiko Legal Principles provides much needed direction for effectively applying Indigenous legal principles to contemporary social issues."--Provided by publisher.
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"The objective of this book is to provide commentary from leading practitioners and thought-leaders on timely and important issues in the area of Aboriginal law in Canada"--Preface, page iii.
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"Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions., With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--pub. desc.
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In this article, practices of Canadian electoral management bodies at federal provincial and territorial levels are examined, especially those methods designed to assist electors with disabilities with voting. Different models of disability co-exist within and around electoral rules, procedures, practices and overall systems. Electoral arrangements in Canada incorporate three distinct models of disability: an individualistic-biomedical approach to disability, a functional model of disability, and a social model of disability. These models have distinctive implications for addressing barriers and making access and inclusion real for voters with disabilities. Electoral reforms address different broad categories of impairments: electors with permanent disabilities, serious illness or infirmity; electors with physical mobility issues; electors with hearing challenges; electors with visual impairments; and, electors with any significant disability, whether chronic or episodic in nature, visible or invisible in appearance. Changes to election processes are shifting the mix of disability models embedded in electoral systems, away from individual and medical conceptions and toward functional and contextual notions of disability.
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This document is a final report and list of recommendations following a six-month review of the problem of "non-compliance" with rules and standards set out for election officers to follow in federal elections. Elections Canada commissioned an independent electoral management consultant to lead the review and to author this report. This report is delivered to the Chief Electoral Officer of Canada to fulfil the commission mandate. Its contents and recommendations are expected to be given due consideration from senior management at Elections Canada as they set priorities and develop plans to prepare for the 42nd general election, scheduled for October 19, 2015, and for the elections that follow.
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Proportionality: Constitutional Rights and their Limitation is the most comprehensive and authoritative account of the vast literature on proportionality and would be indispensable to anyone interested in the field. Barak evaluates several justifications for the use of proportionality and several defences of proportionality against its critics. This review article concentrates on one such defence: viewing proportionality as a structured and analytically coherent set of tests requiring the government to provide reasons and justifications for all of its actions. We identify several prominent recent writers, Barak among them, who represent a shift in the literature on proportionality towards a justification-based approach, and assess their rationales for the duty of the government to give justifications and provide reasons for its actions. However, we claim that those rationales do not necessarily support proportionality and that a more categorical approach, such as ‘exclusionary reasons,’ follows just as much from the ideas underlying justification and provides a better anchor for proportionality.
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