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ISBN: 9781773635194-10

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Ways Forward for Indigenous Justice

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From: Reconciliation and Indigenous Justice

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Chapter 10 reexamines the criticisms of restorative justice to provide valuable insights into what can go wrong and what needs to be avoided. The chapter argues that these criticisms do not ultimately reveal fatal flaws for contemporary adaptations of Indigenous justice that resemble restorative justice. The chapter focuses on the topics of procedural protections, ways of making Indigenous Justice more effective, and offender responsibility.

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Contributors

David Milward

David Milward is an associate professor of law with the University of Victoria and a member of the Beardy’s & Okemasis First Nation of Duck Lake, Saskatchewan. He assisted the Truth and Reconciliation Commission with the authoring of its final report on Indigenous justice issues and is the author of Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights, which was joint winner of the K.D. Srivastava Prize for Excellence in Scholarly Publishing and was short-listed for the Canadian Law & Society Association Book Prize. He also co-authored The Art of Science in the Canadian Justice: A Reflection on My Experiences as an Expert Witness. Dr. Milward is the author of numerous articles on Indigenous justice in leading national and international law journals.