Friday, August 26, 2022

Since When Did Any Stone Age Culture Rely Habeas Corpus or An Impartial Judiciary?

I'm sure that there are written records of it:

The Supreme Court is a “colonial institution,” Attorney General David Lametti said yesterday. Lametti told the Commons justice committee he wanted to revitalize ancient Indigenous legal systems: “It gives a boost to Indigenous laws themselves.”


I'll just leave these right here:

The widespread revulsion at Mr. Pauchay’s case has put that question under scrutiny as never before. Even legal experts argue about whether this case was right for a sentencing circle: he seemed unready to take responsibility for his behaviour, having initially fought the charges, then violated bail conditions to abstain from drinking, as well as being charged with assaulting his wife since his arrest. Generally circles are considered appropriate for perpetrators ready to face their guilt.

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The Newfoundland Court of Appeal has upheld a controversial sentence handed down by an aboriginal sentencing circle in Labrador.

In 2003, Jerome Jack, 43, was sentenced to two years' house arrest by an Innu community sentencing circle for a brutal sexual assault.

Lawyers for the Crown had asked the province's Court of Appeal to give Jack a six-year jail term, citing his lengthy record of violent offences, which included 16 assaults against the female victim.

But the court rejected the appeal.

**

In contrast, the impact of the criminal justice system's response on the abuser is often seen as minimal and ineffective. A common view expressed by women within Aboriginal communities and among first responders is that community sanctions are mild, and those delivered by the corrections system are inconsequential. Although some laws and policies allow police officers to lay charges against a perpetrator without the consent of the victim, neither victims of violence nor first responders feel that relevant laws are adequately applied. All participants in this study called for the imposition of increased accountability on perpetrators of violence and reform of the justice system to allow for more punitive measures.



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