Aborigional law

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Recognition must be given ... to the existence (and survival) of customary law. As Australian society examines socially just ways of dealing with its indigenous peoples, and as Aboriginal and Torres Strait Islander peoples continue to demand the right of more culturally appropriate responses, the importance of customary law cannot be underestimated (Social Justice Commissioner, 1995: |P 31)...
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As Australian society examines socially just ways of dealing with its indigenous peoples, and as Aboriginal and Torres Strait Islander peoples continue to demand the right of more culturally appropriate responses, the importance of customary law cannot be underestimated (Social Justice Commissioner, 1995: |P 31)...
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Indians ? A second force contributing to the modern Aboriginal women's judiciary has been the increasing sensitivity shown by the Canadian judiciary ? Especially evident in the Northwest Territories in the 80s ? During this time customary law was considered in the sentencing of some Aboriginal offenders ? The Aboriginal women were concerned that Aboriginal offenders (many male) had been treated unequally by the Canadian justice system ? The result of this had often been injustice for Aboriginal women ? One specific case highlights these concerns: ? A one week sentence was handed down by a judge for three Inuit men accused of raping a thirteen year old girl ? The trial judge reasoned that cultural factors should be taken into consideration?noting that Inuit people do not regard having sex with a girl under fourteen as a crime ? In his statement he stated: "?when a girl begins to menstruate, she is considered ready to engage in sexual relations?[this] is the way life was and continues to be in the smaller communities" (Jackson 6) ? Later in the case the judge described the three accused as a credit to the community and to their country ? Although the judge attempted to incorporate Aboriginal standards for acceptable behaviour into his decision, his efforts to be sensitive to the local culture were rejected on appeal ? When viewed by the Court of Appeal they asserted that the courts are responsible for maintaining the law established by the Parliament of Canada and not for upholding community standards of behaviour ? The sentence was lengthened to four months ? This court decision implied that Aboriginal custom did not carry the same weight as Canadian Law and, by extension, that Aboriginal Peoples were not equal to non-Aboriginal peoples ? Aboriginal women are predominately concerned with these types of decisions ? They fear that the attendance to cultural context does not necessarily serve the interests of Aboriginal women and children ? In this regard, family violence and child abuse are frequently cited ? Aboriginal women argue that these kinds of crimes have no place in customary or in traditional law ? Another problem viewed by Aboriginal women is the holistic approach, either legally or politically, applied to the role of customary law in Canada ? Some argue that little or no customary law has been received into Canadian law, while others have suggested that it has been deformed when introduced into the non-Aboriginal court system ? Richstone points out that once a non-Aboriginal standard is adopted to determine the validity of Aboriginal customary law, the essence of the customary law may be lost ? For example: A judge may employ classifications of thought that are alien to the original structure of the Aboriginal ? Many Aboriginal people have expressed the concern that customary law can (and has) become distorted in the white man's courts ? Therefore, they feel it must be applied in its traditional form and setting ? They view this as one of the important goal of self-government	2 / 503
Aboriginal Customary Law Aboriginal customary law that governed aboriginal life was based upon unwritten rules based on lessons learnt from the dreamtime, kinship ties and relationships, ritual traditions, sacred and secular laws and clan consensus...	5 / 1382
ATSI Law As the Aboriginal & Torres Strait Islander (ATSI) communities came into contact with Europeans their traditional society began to break down. The British arrived in Australia and decided under Vattall's theory that Australia was ?settled' and not conquered...	4 / 969
The Aboriginals Referendum The referendum of 27 May 1967 approved two amendments to the Australian constitution relating to Indigenous Australians. Technically it was a vote on the Constitution Alteration (Aboriginals) 1967, which after being approved in the referendum became law on the 10th August of the same year...	2 / 291
Aboriginal Customary Laws and Australian Contemporary Laws These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word-of-mouth instead of written down. Being over 500 tribes (each with it's own clans) in Australia at one point, there were many variations to their guidelines, customised to each area of the land...	2 / 551
Aboriginal Customary Laws and Australian Contemporary Laws These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word-of-mouth instead of written down. Being over 500 tribes (each with it's own clans) in Australia at one point, there were many variations to their guidelines, customised to each area of the land...	2 / 551
Cultural Regions of Canada Aboriginal people make up about 3 percent of Canada’s inhabitants. About 35% of Canada's First Nations peoples live in urban centers: Vancouver, Winnipeg, and Toronto each have populations of more than 20,000...	1 / 147