This work examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Dr. David Milward is a member of the Beardy's & Okemasis First Nation and an Assistant Professor of Law with the University of Manitoba. He teaches Criminal Law, Evidence, and courses on Aboriginal justice at the University of Manitoba. He has published several articles in leading legal and interdisciplinary journals, and has recently published a book with U.B.C. David is also conducting research for the Truth and Reconciliation Commission of Canada on the connection between residential schools and Aboriginal over-incarceration.