An evolution of justice in Canada
In a first for Canada (to the best of my knowledge), the government of the Yukon has signed an agreement with the Teslin Tlingit First Nation to allow them to establish what appears to be a separate justice system within their territory. The new Peacemaking Court is given the “original jurisdiction to:”
When I was a law student the prevailing feeling was that this sort of move was a bad idea. The thought was that it would create a weird legal balkanization of Canada, where no one would have any certainty as to which laws applied where. Personally, I thought that sounded exciting instead of scary. I like the idea of different attempts to solve the same legal problems. Adopt the best solutions nationally and the whole system becomes fairer (in theory at least).
Contrast this with the mess that is Quebec's criminal justice system. Lest you think this problem is limited to La Belle Province, see this article from Nova Scotia. Over 51,000 cases prosecuted by 95 Crowns in 2009-2010. I can tell you that the hours worked by Crowns in Ottawa is staggering. The provincial governments promise to hire more prosecutors but who would want to work in those conditions?
Perhaps the Teslin Tlingit will have better luck than we have.
- resolve or adjudicate disputes arising under Teslin Tlingit Law; and
- resolve or adjudicate violations of Teslin Tlingit Law; and
- exercise all the powers conferred and perform all the duties imposed by or under Teslin Tlingit Law in relation to matters before it.
When I was a law student the prevailing feeling was that this sort of move was a bad idea. The thought was that it would create a weird legal balkanization of Canada, where no one would have any certainty as to which laws applied where. Personally, I thought that sounded exciting instead of scary. I like the idea of different attempts to solve the same legal problems. Adopt the best solutions nationally and the whole system becomes fairer (in theory at least).
Contrast this with the mess that is Quebec's criminal justice system. Lest you think this problem is limited to La Belle Province, see this article from Nova Scotia. Over 51,000 cases prosecuted by 95 Crowns in 2009-2010. I can tell you that the hours worked by Crowns in Ottawa is staggering. The provincial governments promise to hire more prosecutors but who would want to work in those conditions?
Perhaps the Teslin Tlingit will have better luck than we have.