| A common aspiration among Aboriginal peoples is the creation of separate criminal justice systems based upon Aboriginal traditions. Aboriginal people may have a right to separate justice systems under the Constitution Act, 1982. An important issue is how the Charter would affect these systems. Some commentators oppose the application of the Charter, saying that it would adversely affect efforts to preserve traditional culture and other collective goals. Others maintain that Aboriginal individuals must still have their rights against Aboriginal governments. How would this conflict be resolved?; This thesis argues that the Supreme Court would try to accommodate both Aboriginal ideals of justice, and individual rights under the Charter . However, the Court may end up favouring Charter rights over Aboriginal rights when they come into sharp conflict. Aboriginal practices may be accommodated only when acceptable within Charter terms. This thesis then offers suggestions on how Aboriginal perspectives could be better accommodated. |
