Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage.
Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1]
Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law. Additionally, requests for reduced sentences have been dismissed by judges for the sake of tribal punishment.[2]
The extent
Aboriginals and Torres Strait Islanders have to prove their connection to the land and prove that they have not done anything to break their connection to their land such as selling the land (www.reconciliation.org.au). There are different ways to look at the Native Title as some Aboriginals and Torres Strait Islanders may be granted the right to live on the land and live as how they traditionally lived (www.reconciliation.org.au). The Native Title act is important because it determines how Native Title interests are formally documented and acknowledged (www.reconciliation.org.au). It sets the rules for dealing with land where native title still exists or may exist
The judge sentenced him six years’ incarceration followed by an LTSO after being designated a long-term offender. Also, once he was released, he committed an offense while intoxicated, and the Court of Appeal dismissed his appeal too. Later this case came to the Supreme Court of Canada, where the judge made the decision in his favor. This case revolves around the principles governing sentencing of Aboriginal offenders. Specifically,
LAWS1052 Extended Case Note Assignment Bulsey & Anor v State of Queensland [2015] QCA 187 (6 October 2015) (“Bulsey”) I. Introduction Bulsey represents the ongoing struggle of Indigenous Australians’ rights to be recognised and the importance of preventing arbitrary use of power. It highlights the potential for police to abuse their powers of arrest and emphasises that this concern is especially significant for Aborigines. Further, Bulsey deliberates intentional torts and in particular, personal injury damages and aggravated damages.
The Oka Crisis was one of the most controversial disputes between government and aboriginal people to date. This essay will show how the police handled the situation, how the aboriginal people handled the situation and the impact it made on the world. The Oka crisis started in 1851 when the people of Kanehsatà:ke sent a letter to protest how they were being treated by the Seminary of St. Sulpice to the highest British civil authority in North America. They wanted the civil authority of an Indian agent to replace the seminary’s religious authority. Their letter was ignored which lead to a tense relationship between the government and the aboriginal people.
There are many theories that could provide an expatiation to overrepresentation of Aboriginal people in justice system. First is the culture clash theory that was purposed by the Royal Commission on Aboriginal Peoples (RCAP) (1996), this theory suggests that the overrepresentation occurs when Aboriginal people’s value does not fit to justice system, due to the fact that Aboriginal people concept of justice is different than Euro-Canadian concept. An example of culture clash theory that contributes in overrepresentation of Aboriginal people is a result of non-Aboriginal people understanding the cultural norms of an Aboriginal community. An example of differences in Aboriginal community and non-Aboriginal community is that for Aboriginal
RIGHTS AND FREEDOMS CAT THE BRINGING THEM HOME REPORT WAS A SIGNIFICANT EVENT FOR THE CIVIL RIGHTS OF ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES. The ‘Bringing Them Home Report’ was a significant event for the civil rights of Aboriginal and Torres Strait Islander peoples, as what they experienced between 1910 to 1970 was something no human being should have to go through, The Stolen Generations suffered a great deal of traumatic experiences. On 11 of May 1995 change, had to take place as this wasn’t a lifestyle a human being should live, the inquiry period began for The Bringing Them Home Report.
Native title ’Native title’ refers to the recognition that Aboriginal and Torres Strait Islander people (ATSI) have rights to their traditional lands. For many years, native title has been an on-going topic across Australia, with many people disliking the concept. However, due to Australia’s changing social values and new concepts of justice, it has now been recently addressed. It is through the legal mechanisms such as the ALRC, the NSWLRC, the parliament and the courts and the non legal mechanism, the media that has been a catalyst for law reform for native title. Such mechanisms, have helped cases like the Mabo v Queensland [1988]
Belonging to the land and to each other is fundamental to Aboriginal and Torres Strait Islander people and their culture. Connections with the land, families, clans and communities are at the core of Aboriginality. It is through these connections that nurture belonging from which Aboriginal peoples identities and cultures emerge.
Aboriginal people continue to be victimized and incarcerated at much higher rates than non-Aboriginal people. The overrepresentation of Canadian Aboriginal people in the criminal justice system is a question that has not yet been answered. This research paper will focus on the risk factors experienced by many Aboriginal people, residential school experiences, and institutional racism, and their roles in the overrepresentation of Canadian Aboriginal people in the criminal justice system. The Canadian government system has tried to deal with this issue, but looking at the high rates of overrepresentation, there approach has not been successful.
Ever since the first settlers arrived in Australia right up to the end of the 20th century indigenous Australians had limited rights compared to whit Australians. One of the biggest problems was that there were different laws and treatment of aboriginals depending on what state they resided in. The year of 1967 was a big year for indigenous rights as a referendum was held to give the federal government the power to make laws for all aboriginals. Many factors and events influenced the overwhelming success of 1967 Referendum but the Freedom Rides of 1965 was the most important of these events in making the referendum the most successful in Australia’s history.
Some women are afraid for their lives, that if they leave their partner, they or their family will be harmed. In Heavenfire’s case, she truly loved and cared for Falardeau and did not want to see him go to jail for his crimes. Falardeau financially supported Heavenfire and she did not want to involve her family for support if she were to leave Falardeau. Heavenfire’s was an exceptional case as she was the first aboriginal to be cleared of all charges in her husband’s killings. Inequality in the criminal justice system is evident.
Canada is known for its amazing healthcare and it is considered one of the best in the world. In Canada, healthcare is ‘universal’ to its citizens under the Heath Care Act. However, not everyone has equal access to healthcare, Aboriginals being some of them. Aboriginals have trouble getting the access they need because of socio-economic status, geography, lack of infrastructure and staff, language or cultural barriers an more. Aboriginals on reserve face many barriers when it comes to access to healthcare, they include cost, language, distance, climate, education and more.
The Impact of Domestic Violence on the Aboriginal Community Domestic violence in Aboriginal community is a cause for concern regarding Aboriginal women 's health and safety. According to Kubik, Bourassa, and Hampton (2009) “In Canada, Aboriginal women have faced destruction in their communities and families as a result of multiple forms of oppression. Aboriginal women experience the highest rates of violence and abuse of any population in Canada”(p.29). Domestic violence is defined by Merriam-Webster’s Online Dictionary (2015) as “ the inflicting of physical injury by one family or household member on another; also: a repeated or habitual pattern of such behavior”. The objective is to look at the cause of domestic violence aimed at Aboriginal
The way that society sees you should not depend on the colour of your skin. Even today, in the 21st century, people in our society judge other human beings by their colour or race. One of the main racism issues is the discrimination towards our Indigenous people. National data from the Challenging Racism Project reveals that 27% of Aboriginal people over the age of 15 experience racism more than once in their life. Racism towards Indigenous Australians includes mostly verbal abuse such as name-calling and insulting language.
The indigenous people of Australia, are both heavily traditional people, who have had to face some issues regarding communication, health, stereotypes as well as human right breaches. Aboriginals and Torres Straight Islanders are the indigenous Australians that are descended from families that inhabited Australia and its surrounding islands before the British colonized Australia. The indigenous Australians have inhabited Australia for around 60,000 years. There are several hundred indigenous Australian languages, and some are on the brink of extinction. There was originally 500 separate ‘nations’ which held different cultures, beliefs and languages.