Aboriginal Law – Criminal Justice and Family Law

Overview

The course will cover legal issues related to Aboriginal peoples in both the criminal justice system and the family law systems.  Examples include the potential application of the Canadian Charter of Rights and Freedoms to Aboriginal legal systems, the application of the organized crime provisions in the Criminal Code to Aboriginal gangs, extensive consideration of the Gladue judgment and its current applications in Canada, the R. v. Williams judgment as it concerns Aboriginal accuseds and trial fairness, special provisions in the Corrections and Conditional Release Act that make specific reference to Aboriginal inmates, Aboriginal customary adoptions, specific provisions of the Indian Act and other legislation dealing specifically with matrimonial property on Indian reserves, and Aboriginal perspectives on child welfare.

INSTRUCTOR: Dr. David Milward

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