Traditional Indian Justice in Ontario: A Role for the Present?

It is the author\u27s position that for too long the study of Indian law in Canada has meant the study of law imposed upon Canadian Indians. It is suggested that the study of the indigenous law ways of Ontario\u27s native Indians has been wrongly neglected This is so not merely because of the historical interest of the subject to Indians and non-Indians alike, but also because the study of traditional law ways provides an opportunity for modem native communities to understand the historical continuity of local responsibility for justice among natives and to build upon that tradition in assuming more responsibility for the administration of justice in native communities today. The approach of this paper is threefold. Its starting point is a review of recent studies which indicate that native men and women are dramatically over-represented in the province\u27s prison system, particularly for minor offences. The paper then investigates the historical evidence that social mechanisms existed in traditional lroquois and Cree-Ojibwa societies in Ontario that performed the functions of a justice system in those societies before Euro-Canadian law was imposed on them. Next, the author considers whether, and to what extent, traditional native approaches to conflict resolution in Ontario are in accord with modern Canadian criminal justice policy. Concluding that the values which inspired traditional native justice ways and current criminal policy are indeed compatible, the author proposes that native communities in Ontario be encouraged to rediscover the value of their justice traditions and presents concrete examples of the sorts of current Canadian justice initiatives which seem to offer particular hope for the future

Defending the Weak and Fighting Unfairness: Can Mediators Respond to the Challenge?

As mediation gains in popularity as a tool for resolving civil disputes, and particularly as a substitute for court decisions, some have questioned mediation\u27s ability to assure fairness of process and outcome. Others have argued that the main strength of mediation lies in the power it gives the parties to invent their own approach to resolving their dispute, leaving little room for mediators to impose their own notions of fairness on the process. This article examines the extent to which mediators have an obligation to address issues of fairness in the processes they manage. Through a functional and context-based analysis of mediation, the author proposes a problem-solving approach to resolving fairness concerns

From Consultation to Consent: Squaring the Circle?

This article analyses the apparent tensions between the current Canadian law on the Crown's duty to consult with Indigenous peoples, which generally refuses an Indigenous veto over proposed land uses in traditional lands, and the principle of prior informed indigenous consent, as enshrined in the recent U.N. Declaration of the Rights of Indigenous Peoples. The tension between these competing visions of the rights of Indigenous communities has given rise not just to theoretical legal conflicts, but also to destructive conflicts on the ground. The author argues that attention to the dialogic framework within which Indigenous concerns are addressed during consultations, and particularly to indigenous peoples' participation in developing that framework, is key to managing those conflicts effectively and to reconciling current Canadian law and practice with the principles of the U.N. Declaration. Next it examines a question on which Canadian consultation law is largely silent: the allocation of benefits derived from developments on Indigenous traditional lands. Finally, the analysis turns to the principle of free, prior and informed consent to the substance of proposed developments on traditional lands. The article concludes that the objective of obtaining such consent is a salutary one that has been wrongly marginalized in both the jurisprudence and Canadian government practice

Indigenous Legal Orders in Canada - a literature review

This is a literature review of publications concerning Indigenous legal orders in Canada. Funded by a SSHRC knowledge synthesis grant (2016), it follows the required format for Knowledge Synthesis Reports. The suppression of Indigenous legal orders was an integral part of the colonial project to assimilate Indigenous peoples, a project exemplified by Canada’s now notorious experiment with Indian Residential Schools. Long marginalized by the Canadian state, the importance of Aboriginal peoples’ own legal systems has recently been recognized by the Supreme Court of Canada, by academics (including prominent Indigenous scholars) and the Truth and Reconciliation Commission, who all have prioritized the revitalization of Indigenous laws as an essential part of the project of reconciliation and Indigenous self-determination. This report examines recent writings on Indigenous legal orders in Canada. There has been an explosion of those writings over the past decade, focusing on Indigenous methods of legal reasoning, mapping the legal and spiritual principles embraced by diverse Indigenous peoples in Canada, and the role of universities in transmitting Indigenous methods of legal reasoning. However, partly perhaps because of the skepticism of some about the risks involved in Canadian state or judicial recognition of Indigenous laws, less has been written about practical models for the implementation of Indigenous legal orders in interactions with the state. This report reviews what has been written on these issues and includes recommendations for the strengthening of those orders in a manner consistent with the goal of respectful reconciliation between Indigenous peoples and the Canadian state

Traditional Indian Justice in Ontario: A Role for the Present?

It is the author\u27s position that for too long the study of Indian law in Canada has meant the study of law imposed upon Canadian Indians. It is suggested that the study of the indigenous law ways of Ontario\u27s native Indians has been wrongly neglected This is so not merely because of the historical interest of the subject to Indians and non-Indians alike, but also because the study of traditional law ways provides an opportunity for modem native communities to understand the historical continuity of local responsibility for justice among natives and to build upon that tradition in assuming more responsibility for the administration of justice in native communities today. The approach of this paper is threefold. Its starting point is a review of recent studies which indicate that native men and women are dramatically over-represented in the province\u27s prison system, particularly for minor offences. The paper then investigates the historical evidence that social mechanisms existed in traditional lroquois and Cree-Ojibwa societies in Ontario that performed the functions of a justice system in those societies before Euro-Canadian law was imposed on them. Next, the author considers whether, and to what extent, traditional native approaches to conflict resolution in Ontario are in accord with modern Canadian criminal justice policy. Concluding that the values which inspired traditional native justice ways and current criminal policy are indeed compatible, the author proposes that native communities in Ontario be encouraged to rediscover the value of their justice traditions and presents concrete examples of the sorts of current Canadian justice initiatives which seem to offer particular hope for the future

Sobeys Stores Limited v. Yeomans et al: A Case Comment

In Sobeys Store Limited v. Yeomans et aLI the Appeal Division of the Nova Scotia Supreme Court seems to strike down the provisions of the provincial Labour Standards Code2 that make reinstatement a viable remedy for senior workers who have been dismissed without just cause. In reality, the judgement, now on appeal to the Supreme Court of Canada, may have missed its mark by a wide margin and, despite the obvious intention of the Court, left these very provisions untouched in the result

An appraisal of the polytechnical works of Benjamin Britten

Works featuring musically-untrained children form a uniquely large and important part of the output of Benjamin Britten (1913-1976). Some of these pieces are polytechnical, which is to say they feature professional musicians alongside musicallyuntrained children. This thesis examines the ways in which Britten made technical adjustments when writing these works. These were necessary for the children to be able to perform them. A detailed analysis of the relevant vocal and instrumental music was undertaken, with some of Britten’s other works analysed for comparison. The results of these analyses demonstrate the methods and extent of these technical adjustments. By examining Britten’s own writing about music and relevant critical literature, this thesis also concludes that in making these technical adjustments, Britten in no way compromised the integrity of his voice as a composer. This thesis demonstrates that it is therefore possible for a composer to write music of the highest artistic integrity, but still make technical adjustments to allow for the skills of the performers availabl

The Application of Multi Frequency Resonant Controllers in in a DFIG to Improve Performance by Reducing Unwanted Power and Torque Pulsations and Reducing Current Harmonics.

The paper describes a method to control the rotor-side and grid side converters in a DFIG when subjected to the effects of network voltage unbalance conditions. Multi Frequency Resonant Controllers are incorporated into the grid side and rotor side converters to assist in the control functions. The Resonant Controllers are tuned to twice the network frequency to assist in the control of power and torque pulsations and to three times the network frequency to assist in the control of the generated third harmonic currents. A DFIG model is implemented in Matlab/Simulink and simulations show the reduction in power and torque oscillations and a reduction in the 3rd harmonic currents generated as a result of the applied voltage unbalance