In criminal, family and property disputes, where the parties are willing, thor motorex red bull ktm mountain biking full printing shirt they could agree to bring the complaint before a peacemaker,
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We would suggest this approach be tried. There will still need to be a conscious effort devoted to developing training programs for the new judges. The Canadian Judicial Centre, thor motorex red bull ktm mountain biking full printing shirt the Centre for the Administration of Justice, the Western Judicial Education Centre and the provincial court judges’ associations all operate their own training sessions in recognition that even senior judges are in need of refreshers and of exposure to recent developments in the law. The same will hold true for any Aboriginal court judges who do not have a full legal education and likely will be more isolated from law libraries and experienced counsel. The first issue that arises is eligibility for appointment to the bench. If a law degree and membership in the Law Society is a precondition, then very few Aboriginal people in the province would be eligible for selection.
This would mean that most of the judges, in what is intended to be an Aboriginal justice system, would be non-Aboriginal lawyers. This is hardly a satisfactory result, even on a transitional basis. It also would be possible for the parties to agree to vest in the peacemaker the power to render binding decisions when mediation is unsuccessful. In this way, the peacemaker would change roles after the mediation stage and become an adjudicator, not unlike the very common way of resolving commercial and labour relations disputes. Drawing upon the employer-employee collective bargaining experience, the authority of the peacemaker, when acting as an adjudicator, could be clarified further through court rules or legislation. The development of an Aboriginal alternative measures component of an existing non-Aboriginal justice system could include the development of a peacemaker program supervised by judges of Manitoba’s courts.
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