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Articles 1 - 4 of 4
Full-Text Articles in Law
Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand
Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand
Osgoode Hall Law Journal
The author examines the impact of mandatory minimum sentencing on Aboriginal peoples in Canada. Emphasis is placed on the recently enacted mandatory minimum sentencing provisions for firearms offenses. The author argues that the enactment of such provisions are inconsistent with Parliament's objectives as reflected in section 718.2(e) of the Criminal Code which requires sentencing judges to pay "particular attention to the circumstances of Aboriginal offenders." In addition, the author explores preliminary arguments to support a finding that mandatory minimum sentences applied to Aboriginal offenders violate sections 12 and 15 of the Charter.
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
Osgoode Hall Law Journal
This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …
Listening For A Change: The Courts And Oral Tradition, John Borrows
Listening For A Change: The Courts And Oral Tradition, John Borrows
Osgoode Hall Law Journal
Aboriginal oral history is a valuable source of information about a people's past. It can constitute important evidence as proof of prior events, and/or it can shed light on meanings groups give to their past. Despite its value, however, oral tradition presents particular challenges of admissibility and interpretation because of its unique source and transmission. This article outlines and discuses these challenges and suggests various approaches to better understand the insights contained within aboriginal history.
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Articles & Book Chapters
In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.