Indigenous Justice and Charter Rights | David Milward

Join us for the final seminar of the 2024-25 CrimSL Speaker Series on Wednesday, March 19, 2025!

Professor David Milward, Director of the JD/JID program and Associate Professor in the Faculty of Law at the University of Victoria will present "Indigenous Justice and Charter Rights." 

This is a free event, however, registration is required.

Prior to the seminar, join us for a light lunch from noon to 12:30 pm in the Centre Lounge. Please indicate your lunch RSVP for catering purposes when you register.

Abstract

The question of applying the Charter to Indigenous justice systems is a challenging one rife with tension. There are legitimate concerns that applying Charter rights in full force against Indigenous legal orders can undermine the pursuit of healing and the collective good through Indigenous legal traditions.  Can Indigenous individuals accused of crimes invoke Charter rights to avoid accountability and responsibility in Indigenous legal orders? But there are concerns that not allowing the Charter can enable power abuses in Indigenous communities. What is proposed is the culturally sensitive interpretation of Charter rights that as much as possible tries to preserve space for Indigenous legal orders to operate and adapt to the needs of today’s communities, but still provide meaningful safeguards against power abuses. The presentation explores the culturally sensitive application of Charter rights with respect to three Charter rights: the right to natural justice, the right to silence, and the right to have evidence obtained by a Charter violation excluded.

About Professor David Milward

David Milward is Director of the JD/JID program and Associate Professor in the Faculty of Law at the University of Victoria. Visit his University of Victoria Faculty of Law profile page.

Accessibility

Please note that our Centre Lounge and CG 265 seminar room are on the second floor of the Canadiana Gallery building, with stair access only as there is no elevator. If you have any access needs or if there are any ways we can support your participation in this session, please email crimsl.communications@utoronto.ca and we will be glad to work with you to make the appropriate arrangements.

Notice of photography and videography

Photography, audio and video recording may occur throughout this event. Therefore, by attending, you hereby authorize the University of Toronto to take your photograph, video and/or record your voice and grant the university all rights to these sounds, still or moving images in any medium for educational, promotional, marketing, advertising or other such purposes that support the mission of the university. If you do not consent to this, please speak with a university representative upon your arrival.

Health & Safety

We are following health and safety measures outlined by the University of Toronto and the Government of Ontario. Should there be changes in protocols related to health and safety of our guests and community, registrants will be advised.