Aboriginal/Indigenous
Justice
Criminology 419 / First
Nations Studies 419
Fall 2010
[This page was revised last on 1 December 2010]
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Most Recent List of Journal Assignments (last updated 26
November 2010)
Seminar topics,
guests, activities, readings:
|
Class
Date |
Activity/Readings to Prepare |
|
8 December |
Your journals are due 8 December 2010 by 23:59:59 and should be
submitted electronically according to these guidelines. |
|
1 December |
Canada’s and the World’s Indigenous Peoples: Looking Ahead |
|
24 November |
Aboriginal Justice Revisited: The International Context * Special guest: Juan Tauri
of University of Queensland, Australia * Juan TAURI (2010): Indigenous
Perspectives and Experiences: Maori and the Criminal Justice System * You can also see Juan talking about “RJ
Industry, the State & First Nations” at Heartspeak * An interesting Youtube
video featuring one of Juan Tauri’s mentors, Moana Jackson, entitled “Once Were
Gardeners: Moana Jackson on the Scientific Method
and the ‘Warrior Gene’” |
|
17 November |
Seeking Justice in The International Arena * Ted MOSES (2000). Invoking
International Law (Course Reader) * United Nations
Declaration on the Rights of Indigenous Peoples * Read some of the reaction to the passing of the
Declaration on 13 September 2007 * PowerPoint slides from 17 November: The Road to the UN Declaration on the Rights of Indigenous
Peoples |
|
10 November |
Seeking Justice through The Courts * Louise MANDELL (2003). Offerings to an
Emerging Future (Course Reader) * Marlee KLINE
(1994). The Colour of Law: Ideological
Representations of First Nations in Legal Discourse. (Course Reader) * John Borrows (1999). Sovereignty’s Alchemy: An
Analysis of Delgamuukw v British
Columbia (optional) * PowerPoint slides from 10 November: Aboriginal Rights in
Canada’s Courts |
|
03 November |
Seeking Justice through Treaties * The Nisga'a Treaty
(see especially Ch. 12 on Administration of Justice) * The New Relationship
(a policy statement for BC) * New
Relationship Brochure (produced by the Government of BC) |
|
27 October |
Aboriginal Justice and Self-Determination * TAURI (2004). Conferencing, Indigenisation and Orientalism:
A Critical Commentary on Recent State Responses to Indigenous Offending.
Keynote Address to the Qwi:qwelstóm gathering, "Bringing justice
back to the people," held in Mission, BC, 22-24 March. * VICTOR (2007). Indigenous
Justice: Clearing Space and Place for Indigenous Epistemologies * Guest: Wenona
Victor of Stó:lō Nation and former Director of Qwi:qwelstóm |
|
20 October |
Aboriginal Justice: Programs and Prospects * PALYS (1993). Considerations
for Achieving ‘Aboriginal Justice’ in Canada. * PALYS (1999). Vancouver's
Aboriginal Restorative Justice Program: The Challenges Ahead. * PALYS & VICTOR (2005). "Getting
to a Better Place": Qwi:qwelstóm, the Stó:lō Nation and
Self-Determination. * Guest: Christine Smith-Parnell of Vancouver Aboriginal
Transformative Justice Services (VATJS). * See
information about VATJS and other BC “Aboriginal Justice” programs funded
by the federal Department of Justice’s “Aboriginal Justice Strategy.” |
|
13 October |
Aboriginal Justice: What Does it Involve? * SINCLAIR (1994). Aboriginal Peoples,
Justice and the Law. (Course Reader) * ROSS (1994). Dueling paradigms? Western
Criminal Justice versus Aboriginal Community Healing. (Course Reader) |
|
06 October |
Outcomes * ZIMMERMAN (1992). The Revolving Door of Despair: Aboriginal
Involvement in the Criminal Justice System. (Course Reader) |
|
29
September |
Imagery and Action in Policy, Science and Media * BOLDT (1993). Policy. (Course Reader) * PALYS (2003). Histories of Convenience: Images of Aboriginal
Peoples in Film, Policy and Research. (Course Reader) |
|
22 September |
Early History, Shifting
Relations * BERGER (1999). Chapters 1
and 2 from A Long and Terrible Shadow: White Values, Native Rights in the
Americas Since 1492: (Las Casas and the
Rights of Indians and The Debate at Valladolid) (course reader) * The
Royal Proclamation of 1763 (pdf format) |
|
15 September |
No class on campus. Attend any session at the
Annual General Meeting of the Union of BC
Indian Chiefs in downtown Vancouver at the Coast Plaza
Hotel and Suites (1763 Comox Street). Check out the
draft agenda.
Also, this is an election year for the Presidency of the UBCIC. Check out the
platforms of the two candidates: (1) incumbent President Grand Chief Stewart Phillip
of the Penticton Indian Band; and (2) Chief Kukpi7
Wayne Christian of the Splatsin
First Nation. |
|
08 September |
Organizational Meeting * FRANCIS (1992). Indians of Childhood. [From The Imaginary Indian:
The Image of the Indian in Canadian Culture.] (Course reader) |
Other
interesting links involving Aboriginal issues,
peoples, resources
Some key
Supreme Court decisions involving Aboriginal rights and title:
Calder
et al. v. Attorney-General of British Columbia (1973) -- Aboriginal title
Guerin
v The Queen (1984) -- The Crown's
fiduciary responsibility to Aboriginal peoples
R.
v. Sparrow (1990) -- Aboriginal
rights
R.
v. Sioui
(1990) -- Aboriginal rights, Huron/Wendat treaty
Delgamuukw v British Columbia (1997)
-- Aboriginal title
R.
v. Gladue (1999) -- Alternatives to incarceration
R.
v. Marshall (1999) -- Aboriginal
rights, MiqMaq treaty
Corbiere v Canada (Minister of Indian and
Northern Affairs) (1999) -- Aboriginal
rights, off-reserve Natives
R.
v. Powley (2003) -- Métis rights
Haida Nation v. British Columbia (Minister
of Forests) (2004) -- Aboriginal
rights and title; consultation
Taku River Tlingit First Nation v. British
Columbia (Project Assessment Director) (2004) -- Aboriginal rights and title; consultation
R.
v. Marshall; R. v. Bernard (2005) -- Aboriginal right to log; MiqMaq
Treaty
Mikisew Cree First Nation v. Canada
(Minister of Heritage) (2005) -- Aboriginal
treaty rights; federal duty to consult
Tsilhqot'in Nation v British Columbia (2007) -- Aboriginal title; logging rights
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