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Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: The Legacy describes what Canada must do to overcome the schools’ tragic legacy and move towards reconciliation with the country’s first peoples. For over 125 years Aboriginal children suffered abuse and neglect in residential schools run by the Canadian government and by churches. They were taken from their families and communities and confined in large, frightening institutions where they were cut off from their culture and punished for speaking their own language. Infectious diseases claimed the lives of many students and those who survived lived in harsh and alienating conditions. There was little compassion and little education in most of Canada’s residential schools. Although Canada has formally apologized for the residential school system and has compensated its Survivors, the damaging legacy of the schools continues to this day. This volume examines the long shadow that the residential schools have cast over the lives of Aboriginal Canadians who are more likely to live in poverty, more likely to be in ill health and die sooner, more likely to have their children taken from them, and more likely to be imprisoned than other Canadians. The disappearance of many Indigenous languages and the erosion of cultural traditions and languages also have their roots in residential schools.
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Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to "civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools' former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission's final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada's Residential Schools: The History, Part 2, 1939 to 2000 carries the story of the residential school system from the end of the Great Depression to the closing of the last remaining schools in the late 1990s. It demonstrates that the underfunding and unsafe living conditions that characterized the early history of the schools continued into an era of unprecedented growth and prosperity for most Canadians. A miserly funding formula meant that into the late 1950s school meals fell short of the Canada Food Rules. Overcrowding, poor sanitation, and a failure to adhere to fire safety rules were common problems throughout this period. While government officials had come to view the schools as costly and inefficient, the churches were reluctant to countenance their closure. It was not until the late 1960s that the federal government finally wrested control of the system away from the churches. Government plans to turn First Nations education over to the provinces met with opposition from Aboriginal organizations that were seeking "Indian Control of Indian Education." Following parent-led occupation of a school in Alberta, many of the remaining schools came under Aboriginal administration. The closing of the schools coincided with a growing number of convictions of former staff members on charges of sexually abusing students. These trials revealed the degree to which sexual abuse at the schools had been covered up in the past. Former students, who came to refer to themselves as Survivors, established regional and national organizations and provided much of the leadership for the campaign that led to the federal government issuing in 2008 an apology to the former students and their families.
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Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to "civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools' former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission's final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada's Residential Schools: The History, Part 1, Origins to 1939 places Canada's residential school system in the historical context of European campaigns to colonize and convert Indigenous people throughout the world. In post-Confederation Canada, the government adopted what amounted to a policy of cultural genocide: suppressing spiritual practices, disrupting traditional economies, and imposing new forms of government. Residential schooling quickly became a central element in this policy. The destructive intent of the schools was compounded by chronic underfunding and ongoing conflict between the federal government and the church missionary societies that had been given responsibility for their day-to-day operation. A failure of leadership and resources meant that the schools failed to control the tuberculosis crisis that gripped the schools for much of this period. Alarmed by high death rates, Aboriginal parents often refused to send their children to the schools, leading the government adopt ever more coercive attendance regulations. While parents became subject to ever more punitive regulations, the government did little to regulate discipline, diet, fire safety, or sanitation at the schools. By the period's end the government was presiding over a nation-wide series of firetraps that had no clear educational goals and were economically dependent on the unpaid labour of underfed and often sickly children.
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Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
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In recent years, property theorists have offered varying accounts as to what exactly ownership is, typically focusing on one or more key rights to the owned thing. However, most of these theories are articulated in the abstract and do not engage the jurisprudence. This article uses the jurisprudence concerning expropriation and adverse possession to show that Canadian courts have in fact developed their own definition of ownership-one that is not reflected in the property theory discourse. The author goes on to argue that this narrower definition of ownership-made up by the rights to exclude and to primary use-is preferable to those offered by the property theorists, as it better balances the competing interests of owners, non-owners and the state.
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"The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law." --publisher's description.
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Regularly updated, the definitive guide to both the present-day meanings, and the history of, 600,000 words.
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