LAWS 3306 Lecture Notes - Lecture 8: Judicial Notice, Helen Betty Osborne, Restorative Justice
27 Mar 2017
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Lecture 8 - aboriginals: double burden of being significantly over represented both within the prison system and as victims of crime, stressed by numerous committees, made real by personal tragedies (wrongful convictions of aboriginals). Why would you leave a lesser offence, when your client is insistent that he didn"t commit the crime: the trial judge criticized for restricting cross examination of young witness" who tried to recant their statement of seeing. Canada: exactly the opposite of iacobucci inquiry and recommendations, investigative detention and over-policing, r v. jj. The convicted met with family and met with the community and provided an apology. Aboriginal justice: primary motive = restoring peace and equilibrium to the community through the reconciling of the accused. Not punishment or banishment: includes restorative justice and healing, not dominated by professionals. Can only be done if there is a threat or fear of punishment.
