Before significant change in the Indigenous incarnation system, there needs to be a shift in the jurisdictional control of Indigenous affairs. There are many different Indigenous nation that exist in Canada with “diverse governmental traditions, territories and aspirations” (Hogg 192) James Tully’s argument for renegotiating treaty-federalist relations is a potentially viable solution of a multitude of nations that would remain flexible and accommodating unique governmental traditions. The problem with current relations are that Aboriginal peoples have been treated as though they are a part of the federal-provincial institutional structure and are subject to the laws and jurisdiction of Canadian authority. This is ahistorical and counter to
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Rights and interest of equal legitimacy” (Tully 230). Aboriginal peoples and settlers would coexist as self governing entities who are equal. (Tully 234) In doing so would reverse the assumptions of unilateral authority vested in the Canadian state and allow Aboriginal peoples to be recognized as self-governing entities with sui generis rights that are not subjects to the Canadian government or minorities with persisting or extinguishable rights. The legitimization of Indigenous legislative power would include the right to hunt, fish, educate their children, speak their language, and express their culture without the suppression of the Canadian state (Tully …show more content…
This method justice within the current legal is a first step to Indigenizing the criminal justice system. Restorative justice also acts as a way of “transforming the entire legal system, our family lives, our conduct of the workplace, our practice of politics. Its vision is of a holistic change in the way we do justice in the world” (Hewitt 316) The implementation of restorative justice programs may give way to further implementation of the treaty-federalism model as it encourages Indigenous self-determination and cultural perspectives. Vine Delora in her essay “The Spiritual Universe” discusses the importance of Aboriginal medicine and spirituality as valid in contrast to the Western perceptions of science and religion. She suggests that Indigenous spirituality is a valid and valuable into processes of healing. Westerners may not fully understand the importance of ritual, ceremony and space, but this practices help to orient Aboriginal understandings of their world and their place within it (Deloria 195, 202). Though her work is not directly focused on criminal justice, her arguments are still valid in the practice of restorative justice. Restorative justice seeks to incorporate social arrangements in the justice system that promotes the dignity, equality and respect of the human being. From an Indigenous perspective, restorative
Rights and interest of equal legitimacy” (Tully 230). Aboriginal peoples and settlers would coexist as self governing entities who are equal. (Tully 234) In doing so would reverse the assumptions of unilateral authority vested in the Canadian state and allow Aboriginal peoples to be recognized as self-governing entities with sui generis rights that are not subjects to the Canadian government or minorities with persisting or extinguishable rights. The legitimization of Indigenous legislative power would include the right to hunt, fish, educate their children, speak their language, and express their culture without the suppression of the Canadian state (Tully …show more content…
This method justice within the current legal is a first step to Indigenizing the criminal justice system. Restorative justice also acts as a way of “transforming the entire legal system, our family lives, our conduct of the workplace, our practice of politics. Its vision is of a holistic change in the way we do justice in the world” (Hewitt 316) The implementation of restorative justice programs may give way to further implementation of the treaty-federalism model as it encourages Indigenous self-determination and cultural perspectives. Vine Delora in her essay “The Spiritual Universe” discusses the importance of Aboriginal medicine and spirituality as valid in contrast to the Western perceptions of science and religion. She suggests that Indigenous spirituality is a valid and valuable into processes of healing. Westerners may not fully understand the importance of ritual, ceremony and space, but this practices help to orient Aboriginal understandings of their world and their place within it (Deloria 195, 202). Though her work is not directly focused on criminal justice, her arguments are still valid in the practice of restorative justice. Restorative justice seeks to incorporate social arrangements in the justice system that promotes the dignity, equality and respect of the human being. From an Indigenous perspective, restorative