Carleton University Department Of Law And Legal Studies -Books Pdf

Carleton University Department of Law and Legal Studies
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LAWS 5706B Fall Term 2017, The Centre for Student Academic Support CSAS is a centralized collection of learning support services designed to. help students achieve their goals and improve their learning both inside and outside the classroom CSAS offers. academic assistance with course content academic writing and skills development Visit CSAS on the 4 th floor of. MacOdrum Library or online at carleton ca csas,Department Policy. The Department of Law and Legal Studies operates in association with certain policies and procedures. Please review these documents to ensure that your practices meet our Department s expectations. http carleton ca law current students,COURSE DESCRIPTION. In 1996 the federal government undertook an extensive revision of the sentencing provisions of the Canadian Criminal. Code R S C 1985 c C 46 Among these revisions was s 718 2 e which targeted the over use of incarceration by. requiring judges to consider alternatives to imprisonment for all offenders but especially for Indigenous offenders. Three years later the Supreme Court of Canada reinforced the remedial goals of the section in its decision in R v. Gladue 1 S C R 688 instructing judges to consider the unique background and circumstances of Indigenous. offenders and any reasonable alternatives to incarceration when sentencing them In this and a series of decisions. which followed Gladue the Court has reinforced the centrality of Gladue requirements in sentencing Indigenous. offenders and stressed the importance of Gladue reports in meeting those requirements This course will further the. goals of Gladue by training students in best practices in Gladue including ethical and appropriate research practices in. interviewing ethnocultural and historical research the importance of balancing cultural and legal imperatives in the. form content and structure of the reports and crafting reasonable and realistic sentencing recommendations This. skills acquisition will be further informed by discussion of Indigenous cultures and histories in Canada historical. trauma historical trauma effects and intergenerational effects current realities facing Indigenous communities. criminal justice system structures and processes and the practical challenges of researching writing and delivering. high quality Gladue reports to communities and courts. REQUIRED TEXTS, All readings in this course are available online and will be listed for each day of the course on the CULearn site. FORMAT OF THE COURSE, This course is taught through a combination of lectures guest speakers seminar discussions and in class skills.
development activities,LAWS 5706B Fall Term 2017,EVALUATION. Assessment of the skills acquired in this course will be as follows full details of each assessment can be found on. the course CULearn page and will be discussed fully in class. 1 Gladue Research Project 25, Students will be required to conduct mock interviews research cultural and historical background pertinent. to the background and experiences of the person who is the subject of the mock report and relevant and. appropriate programs and resources informing the Gladue recommendations. 2 Mock Gladue Report 50, The research conducted for the Gladue Research Project will be combined in a mock Gladue report which. will be assessed as follows,a Peer Review of Mock Gladue Interviews 20. b Instructor Assessment of Mock Gladue Report 30,3 Class Participation 25.
Please note Standing in a course is determined by the course instructor subject to the approval of the Department and. of the Faculty Dean This means that grades submitted by the instructor may be subject to revision No grades are final. until they have been approved by the Department and the Dean. COURSE SCHEDULE, DAY ONE The Criminal Law Process and the Role of Gladue. 1 The Organization and Structure of Canadian Law The Courts and other Forms of Dispute Resolution in. Patrick Fitzgerald Barry Wright Vincent Kazmierski 2010 Looking at Law Canada s Legal System. Toronto LexisNexis pp 107 120, 2 Julian Roberts Andrew A Reid 2017 Aboriginal Incarceration in Canada since 1976 Every Picture Tells. the Same Story Canadian Journal of Criminology and Criminal Justice vol 59 no 3 pp 313 345. 3 Samantha Jeffries and Christine E W Bond 2012 The Impact of Indigenous Status on Adult Sentencing A. Review of the Statistical Research Literature from the United States Canada and Australia Journal of. Ethnicity in Criminal Justice vol 10 pp 223 243,Optional Resources. 1 Curt Taylor Griffiths 2015 Canadian Criminal Justice A Primer 5th edition Toronto Nelson Education. 2 Patrick Fitzgerald Barry Wright Vincent Kazmierski 2010 Looking at Law Canada s Legal System. LexisNexis Canada, 3 Canadian Judicial Council website located at https www cjc. ccm gc ca english resource en asp selMenu resource courtsystem en asp. 4 http lawfacts ca this is the site of Legal Aid Ontario there will be similar sites for your province or territory. LAWS 5706B Fall Term 2017, DAY TWO The Gladue Case and Current Legal Standards for Gladue Reports.
1 R v Gladue 1999 1 S C R 688,2 R v Ipeelee 2012 1 S C R 433. 3 Kelly Hannah Moffat and Paula Marutto 2010 Re contextualizing pre sentence reports Risk and race. Punishment and Society vol 12 no 3 pp 262 282, 4 Paula Marutto and Kelly Hannah Moffat 2016 Aboriginal Knowledges in Specialized Courts Emerging. Practices in Gladue Reports Canadian Journal of Law and Society vol 31 no 3 pp 451 471. Optional Resources, 1 Andrew Welsh James R P Ogloff 2008 Progressive Reforms or Maintaining the Status Quo An. Empirical Evaluation of the Judicial Consideration of Aboriginal Status in Sentencing Decisions Canadian. Journal of Criminology and Criminal Justice 50 4 491 517. 2 Brian R Pfefferle 2006 Gladue Sentencing Uneasy Answers to the Hard Problem of Aboriginal Over. Representation Manitoba Law Journal 32 2 113 143, 3 Council of Yukon First Nations 2013 Yukon Gladue Research and Resource Identification Project online at. http cyfn ca wp content uploads 2013 09 Yukon Gladue Report 2015 pdf. 4 Samantha Jeffries Philip Stenning 2003 Sentencing Aboriginal Offenders Law Policy and Practice in. Three Countries Canadian Journal of Criminology and Criminal Justice 56 4 453 454. 5 Philip Stenning Julian Roberts 2001 Empty Promises Parliament The Supreme Court and the. Sentencing of Aboriginal Offenders 64 Saskatchewan Law Review. 6 S bastien April Myl ne Magrinelli 2013 Gladue Practices in the Provinces and Territories Ottawa. Department of Justice Research and Statistics Division Online at http www justice gc ca eng rp pr csj. sjc ccs ajc rr12 11 rr12 11 pdf, DAY THREE Key Components of Gladue Reports and Submissions and Why They Matter.
1 Amy Bombay Kimberly Matheson Hymie Anisman 2014 The Intergenerational Effects of Residential. Schools Implications for the concept of historical trauma Transcultural Psychology 51 3 320 338. 2 Les B Whitlock Gary W Adams Dan R Hoyt Xiaojin Chen 2004 Conceptualizing and Measuring. Historical Trauma Among American Indian People American Journal of Community Psychology 33 3 4 119. 3 Theresa Evans Campbell 2008 Historical Trauma in American Indian Native Alaska Communities A Multilevel. Framework for Exploring Impacts on Individuals Families and Communities Journal of Interpersonal Violence. 23 3 316 338, 4 Maria Yellow Horse Brave Heart 2003 The historical trauma response among natives and its relationship. with substance abuse A Lakota illustration Journal of Psychoactive Drugs 35 7 13. LAWS 5706B Fall Term 2017,Optional Resources, 5 British Columbia Legal Services Society 2014 Gladue Primer Vancouver BC BCLSS Gladue Pilot Project. http www legalaid bc ca resources pdfs pubs Gladue Primer eng pdf. 6 British Columbia Legal Services Society 2013 Gladue Myths Facts Information for Lawyers online at. http gladuereports org wp content uploads 2014 04 gladueMythsFactsInformationSheet pdf. 7 The Aboriginal Healing Foundation website is located at http www ahf ca The Foundation was closed in. September 30 2014 but the site remains open and most of its publications can be accessed through the site. The publications in its Research Series are excellent and many of them are directly relevant to Gladue. 8 The Truth and Reconciliation Commission website is located at. http www trc ca websites trcinstitution index php p 3. 9 The Canadian Encyclopedia Aboriginal Peoples website located at. http www thecanadianencyclopedia ca en, 10 University of British Columbia Indigenous Foundations website located at. http indigenousfoundations arts ubc ca, 11 Indian Residential Schools Settlement List of Indian Residential Schools website located at. http www residentialschoolsettlement ca schools html. DAY FOUR Interviewing Researching and Constructing Viable Sentencing Recommendations. 1 Mark Klemper 2000 Navigating Life Review Interviews with Survivors of Trauma 27 2 Oral History. Review 67 83, 2 Theresa Naswba Marsh Diana Coholic Sheila Cote Meek and Lisa M Majavits 2015 Blending Aboriginal.
and Western Healing Methods to Treat Intergenerational Trauma with Substance use Disorder in Aboriginal. People who live in Northeastern Ontario Canada 12 Journal of Harm Reduction 14 30. 3 Ryan Reynolds 2012 Trauma and the Relational Dynamics of Life History Interviewing 43 1 Australian. Historical Studies 78 88,Optional Resources, 1 Correctional Services Canada National Facilities Directory website located at. http www csc scc gc ca institutions 001002 0001 eng shtml Most provinces will also have a site or page. which provides locations and contact information for provincial institutions for example BC facilities are listed. at http www2 gov bc ca gov content justice criminal justice corrections correctional centres Most sites will. also provide information about programming as well as contact information for institutions. 2 Government of Canada List of Addiction Treatment Facilities for First Nations and Inuit website located at. http healthycanadians gc ca healthy living vie saine substance abuse toxicomanie help aide treatment. centres traitement eng php, 3 Correctional Services Canada Aboriginal programming offered by Correctional Services Canada online at. http www csc scc gc ca aboriginal 002003 1007 eng shtml. LAWS 5706B Fall Term 2017, 4 Correctional Services Canada Healing Lodges online at http www csc scc gc ca aboriginal 002003 2000. 5 Correctional Services Canada Aboriginal Program Facilitators online at http www csc. scc gc ca careers 003001 1204 eng shtml, 6 Addictions Treatment for First Nations and Inuit online at https www canada ca en health. canada services substance abuse get help addictions treatment first nations inuit html. DAY FIVE Writing Sacred Stories Final Comments on the Form Content and Structure of Gladue Reports. 1 Jane Dickson Writing Gladue Reports and Preparing for the Possibility of Speaking before Decision Makers. Indigenous Perspectives Society 2017 pp 1 51,2 Redacted Gladue Report A Inuit.


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