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Recent Articles
- Volume 4 Staff
- The Justice System in Canada: Does it Work for Aboriginal People?
- Maori Women Confront Discrimination: Using International Human Rights Law to Challenge Discriminatory Practices
- "Indigeneity" as Self-Determination
- Establishing Autonomous Regimes in the Republic of China: The Salience of International Law for Taiwan's Indigenous Peoples
- Sovereignty in Law: The Justiciability of Indigenous Sovereignty in Australia, the United States and Canada
- Ogawa v. Hokkaido (Governor), the Ainu Communal Property (Trust Assets) Litigation
- Paul G. McHugh, Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Self-Determination
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The Reign of the Kangaroo Court?
Most of Australia's Aboriginal people live in communities far from urban population centers. 'Bush Court' is the name given to the justice system administered to Australian Aboriginal people by a magistrate who circuits such communities intermittently. As a result of the way Bush Courts currently operate in remote regions of Australia, the excesses of justice administration go unchecked. Many Indigenous Australians are subject to a sub-class, racist legal system in a first-world country. Bush Courts effectively only exercise criminal jurisdiction and these inequities take the form of a total lack of due process.
The treatment of the Aboriginal people by the Bush Court, lack of interpreters, poor judicial education and the constraints under which legal counsel for the Aboriginal people must work are a source of some of these problems and are examined in detail in this article. The paper also reveals deficiencies that still exist despite government declarations that they have now 'fixed the problem'.
The author spent six months field-researching Bush Courts as they operate in the Northern Territory and Western Australia. This article details the chasm between justice delivery in Australian town-courts and Bush Courts. This research (being the first to exist on the subject) may answer some questions regarding the hugely disproportionate Indigenous over-representation in the Australian criminal justice system.
NATALIE SEIGEL studied Law at Monash University, Melbourne, Australia, completed an Arts degree in philosophy and Aboriginal Studies and was a recipient of the University of Toronto Faculty of Law Students Publication Grant. Her research was self-funded and undertaken voluntarily in her penultimate year of study. She is currently promoting the final reports into the fore of several government departments.
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