First Nations criminal jurisdiction in Canada : the Aboriginal right to peacemaking under public international and Canadian constitutional law
Type
Book
Authors
Matthias R. J. Leonardy ( Leonardy, Matthias R. J. )
ISBN 10
0888803672
ISBN 13
9780888803672
Category
General Library Collection
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Publication Year
1998
Publisher
Pages
409
Subject
Indigenous peoples -- Legal status, laws, etc. -- Canada
Tags
Abstract
"In the case of criminal justice for Aboriginal peoples in Canada, the choice is between co-operative models of justice administration on the one hand and (partial) autonomy of Indigenous nations and communities in matters of criminal justice on the other . . .
. . . [F]rom a strictly legal point of view, this co-operative delegated-powers model would seem pragmatic and work-able, serving as an interim solution until the statutory law provides more elaborate legal structures that build on the fundamentals of the federal constitutional order of which the existing constitutional Aboriginal and treaty right to peacemaking is part and parcel. Both against the background of the historic social contract of the Crown in right of Canada with First Nations and under the evolving rights of First Nations under international law to have their cultural distinctiveness respected in the national legal system, Canada's First Nations are owed the serious commitment of the federal and the provincial governments to co-operate with First Nations in the process of making the Canadian criminal justice system responsive to the cultural distinctiveness of First Nations."--Back cover.
. . . [F]rom a strictly legal point of view, this co-operative delegated-powers model would seem pragmatic and work-able, serving as an interim solution until the statutory law provides more elaborate legal structures that build on the fundamentals of the federal constitutional order of which the existing constitutional Aboriginal and treaty right to peacemaking is part and parcel. Both against the background of the historic social contract of the Crown in right of Canada with First Nations and under the evolving rights of First Nations under international law to have their cultural distinctiveness respected in the national legal system, Canada's First Nations are owed the serious commitment of the federal and the provincial governments to co-operate with First Nations in the process of making the Canadian criminal justice system responsive to the cultural distinctiveness of First Nations."--Back cover.
Number of Copies
1
Library | Accession‎ No | Call No | Copy No | Edition | Location | Availability |
---|---|---|---|---|---|---|
Main | 24139 | E98.C87 L46 1998 | 1 | Yes |