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Full-Text Articles in Law
Sweating It Out: Facilitating Corrections And Parole In Canada Through Aboriginal Spiritual Healing, David Milward
Sweating It Out: Facilitating Corrections And Parole In Canada Through Aboriginal Spiritual Healing, David Milward
Dr. David Milward
Aboriginal peoples continue to be subjected to drastic over-incarceration. Much of the existing literature explores contemporary adaptations of Aboriginal justice traditions that resemble restorative justice as a solution. There is by comparison a lack of literature that considers searching for solutions during the correctional phase of the justice system, after Aboriginal persons have already been convicted and imprisoned. The objective of this paper is to explore a number of reforms in order to better facilitate rehabilitation, reintegration, and parole for Aboriginal inmates. One is to invest greater resources into culturally sensitive programming that emphasizes spiritual healing for Aboriginal inmates. This …
Doubting What The Elders Have To Say, David Milward
Doubting What The Elders Have To Say, David Milward
Dr. David Milward
The Supreme Court of Canada has articulated several legal principles that mandate the flexible and generous treatment of Aboriginal oral history evidence in support of Aboriginal rights claims. Lower courts, however, continue to devalue such evidence, often displaying explicit disregard for the legal principles, in order to defeat rights claims and subordinate Aboriginal interests to state sovereignty. This has no rational basis, since it is now clearly established that documentary historical evidence does not have any innate superiority over oral history evidence when it comes to ascertaining what happened in the past. This article proposes several solutions. These include educating …
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Dr. David Milward
The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …