First Nations Criminal Jurisdiction in Canada: The Aboriginal right to peacemaking under public international and Canadian constitutional law

First Nations Criminal Jurisdiction in Canada: The Aboriginal right to peacemaking under public international and Canadian constitutional law

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Matthias R.J. Leonardy
ISBN  0-88880-367-2
1998 440 pp. Softcover

Prior to European settlement and for a long time after that period, First Nations living within the boundaries of what today forms the country of Canada had distinctive ways of governance and of responding to crime and disorder to restore peace and harmony in their communities.  Aboriginal communities and organizations and Canadian governments (federal and provincial) have entered into a dialogue on reforming the Canadian justice system to make it more cognizant of Aboriginal cultural values.  Matthias R.J. Leonardy, in his doctoral thesis, contributes to this dialogue by presenting a thorough account of

  • the legal principles determining Aboriginal jurisdiction over the administration of justice exercisable in the form of participation or independently; and
  • the options provided by the law of Canada that allow for the creation of administrative structures of Aboriginal criminal justice.

Topics discussed include:

  • Criminal Jurisdiction: An Aboriginal Right
  • Origins of Aboriginal Rights Theory
  • Aboriginal Rights in Public International Law
  • Aboriginal Rights under Public International Law as Applied in Canada
  • Canadian Aboriginal Rights Doctrine
  • First Nations Policing
  • Crown Jurisdiction over Policing
  • Aboriginal Jurisdiction over Policing
  • Co-operative Models of First Nations Policing
  • First Nations Courts
  • Crown Jurisdiction over the Court System
  • First Nations Community Involvement with the Provincial Court System
  • Indian Act Courts (Federal)
  • The Future of First Nations Courts