Charter of Rights and Freedoms

"Author Pamela Palmater argues that the Indian Act's registration provisions will lead to the extinguishment of First Nations as legal and constitutional entities. The current status criteria contain descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants. Beginning with a historic overview of legislative enactments defining Indian status and their impact on First nations, the author examines contemporary court rulings dealing with Aboriginal rights and the Canadian Charter of Rights and Freedoms in relation to Indigenous identity.

"Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path.