Search results for ""author david milward""

Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture.Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.

Read more less

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

Read more less

Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out.The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

Read more less