There is no indigenous legal system functioning in either custom name las vegas raiders baseball shirt Australia or New Zealand that is remotely similar to the American Indian tribal courts.
custom name las vegas raiders baseball shirt
in many cases in which there is a clear and pressing community interest. Likewise, it might encourage a flood of litigation centring on disputes between Aboriginal courts and the general system over who has jurisdiction, custom name las vegas raiders baseball shirt as has occurred in the United States. This would be a considerable waste of time, talent, energy and precious resources. Therefore, all possible efforts should be taken to avoid a similar result in Canada. As mentioned earlier, restricting the courts to Aboriginal territory also would exclude off-reserve Aboriginal people entirely. Although Aboriginal customary law still operates in many parts of Australia, with and without official approval of the state,76 dispute resolution conducted in the traditional manner has received little attention from the justice system, or from outside observers, other than as a factor that affects
the selection of an appropriate sentence to be imposed by the general court. 77 Australia, however, has had some limited experience with the operation of separate court systems directed toward the Aboriginal and Torres Strait Islander peoples. In the Australian state of Queensland, the community council in each trust area is empowered under state law to enact by-laws on matters including “the peace, order, discipline, comfort, health, moral safety, convenience, food supply, housing and welfare of the area for which it is established.” Fines for violations of these by-laws may not exceed $500 or $50 per day. This is similar to the jurisdiction given to Indian bands under the Canadian Indian Act. The similarity with the Indian Act is also present in another aspect, in that there is a requirement in the Queensland legislation to have the by-law approved by the Governor in Council before it is effective.
Reviews
There are no reviews yet.