Advisory Council on the Administration of Justice in Aboriginal Communities. (1995, Aug.). Justice For and By the Aboriginals: Report and Recommendations of the Advisory Committee on the Administration of Justice in Aboriginal Québec. Québec. Ministère de la Justice. Advisory Council on the Administration of Justice in Aboriginal Communities. "Regardless of the society in which we live, regardless of our milieu, Justice always has a place. It must, however, be organized in such a way as to respect the people it is to serve. That respect begins with the setting up of mechanisms adapted to their cultural traits, so that parties to legal proceedings are able to grasp the meaning of the principles applied to them." (Atikamekw Community of Weymontachie, preface). The main purpose of this study is to consult with the Aboriginal communities in Québec in order to devise a model of justice, specific to each community, which would both respond to the needs of the community and be respectful and inclusive of their traditions, customs, andsocio-cultural values. The suggestions presented in this study are the result of extensive consultations with First Nations communities in Québec and are intended to represented both the needs, and desires of each specific community in regards to the administration of justice. The report proceeds by presenting suggestions for very specific areas of the justice system, including, mediation, diversion, sentencing, legal aid, judges, interpreters, youth, and local authorities. The primary conclusion reached by this report is that none of the suggested reforms will be effective without the full participation of the First Nations   Berger, Thomas R. (1982). Fragile Freedoms: Human Rights and Dissent in Canada. Canada. Irwin Publishing, Inc. 0-7720-1377-2. "The racism once made legitimate by our political institutions is no longer legitimate. Butas long as it finds a place in our collective psyche, it will constitute a threat, sometimes near, at other times far off, but there. Nothing is to be gained by pretending it doesn't exist, or by temporizing with evil. Each of us has an obligation to uphold the regime of tolerance." (p. 126). This book is a history of human rights in Canada, specifically focusing on the struggles, victories and defeats of minority groups and dissenters. Berger considers these struggles Canada's struggles, and the successes Canada's successes. Fundamental to this belief is the author's strong stance that despite the human rights violations which have occurred throughout Canada's history, one consistent thread throughout Canada's history is the idea of tolerance, as outlined in the Constitution and as echoed through the Canadians who have consistently spoken out in favour of tolerance and human rights. The book proceeds by recounting the major human rights offences in Canada's history, including the experiences ofthe Acadians, the Métis, the Japanese Canadians, political and religious minorities and the First Nations Peoples. Also included is a reproduction of the main human rights sections of the Charter of Human Rights and Freedoms.   Capotorti, Francesco. (1991). Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic New York. United Nations. 92-1-154083-6. "Many efforts have been made to combat the various causes of inter-group antagonism. Thus, the establishment of a socio-political structure which reflects the realities of cultural, religious and linguistic differences between various components of the society concerned has been regarded in some countries as an effective means to promote understanding, co-operation and harmonious relations between population groups." (p. 48). This study approaches the question of minorities from the standpoint of the contemporary world and in the light of article 27 of the International Covenant on Civil and Political Rights, the first internationally accepted rule for the protection of minorities. The main premise of this document is to outline three guidelines to increase the protection of minorities worldwide, 1) the possibility of creating other principles to supplement article 27, 2) to develop a new international system of implementation, and 3) to encourage bilateral requirements designed to adapt the global regime to the individual requirements of specific countries. The study proceeds in these goals by first presenting a theoretical overview of the concept of minorities, then proceeding to outline the main international documents in relation to minorities. The final section consists of a series of conclusions and recommendations for change.   Cohen, Tannis. (1988). Race Relations and the Law. Toronto. The Canadian Jewish Congress. "Prejudice is of concern not only because it affects the social climate, but also because it sometimes triggers racism and discrimination. There is no law which prohibits prejudice in itself; law is geared toward controlling behaviour rather than states of mind. The role of law in changing prejudice is for the most part limited to setting standards for public behaviour which influence people's attitudes." (p. 1). The main purpose of the author in writing this book is to provide a manual to explore both the role that law has played in legitimizing racism in Canada and the unique ability of law to protect against discrimination.This manual presents an overview of several primary areas of race relations problems in Canada both currently and historically, including: adverse effect discrimination, harassment racist immigration policies, hate and racist expressions and racism in the criminal justice system. In addition the author presents an account of the methods and policies which are available to overcome these problems, including new human rights laws, affirmative action, and education.   Commission on Systemic Racism in the Ontario Criminal Justice System. (1995). Report of the Commission on Systemic Racism in the Ontario Criminal Justice Toronto. Queen's Printer for Ontario. 0-7778-4718-3. "Cultures may be real and enriching forces in people's lives, but they are not timeless and inexorable determinants of behaviour. They do not, in other words, dictate what people do. Culture cannot cause people to commit crimes or account for racial inequalities in prison admissions. Far from explaining anything, beliefs that some cultures are inherently violent, criminal anti-social or disrespectful of law are stereotypes that racialize others. They promote constructions of races as real, different and unequal and allow people to act as if such constructions were true." (p. 97). The report was created to inquire and make recommendations about the extent to which criminal justice practices, procedures and policies in Ontario reflect systemic racism. The report consists of an examination of the three major components of the criminal justice system: the police, courts and correctional institutions. In addressing these three main areas, the report gives a thorough analysis of possible areas of racism, by looking at the specific areas of prison admissions, imprisonment before trial, charge management, the court practices, incarceration, and policing. The study also includes extensive statistics on attitudes regarding racism in the justice system, and the perceptions of both the public and members of the judicial system regarding systemic racism. The report concludes with a list of recommendations for addressing the racism that occurs in each of the targeted areas, andstresses the importance of community involvement.   Commission on Systemic Racism in the Ontario Criminal Justice System. (1994, January). Racism Behind Bars: The Treatment of Black and Other Racial Minority Prisoners in Ontario Prisons. Toronto. Queen's Printer for Ontario. 0-7778-1547-8. "Simple beliefs about racial groups, although they contradict liberal ideals, are not in themselves main targets of critics of systemic racism. Beliefs alone do not harm people.It is when racist assumptions are linked to physical, political, social or economic inequality that serious consequences arise. This linkage may be expressed in terms of"power relationships" and it is in this context of such power imbalances that the impact of racism is most severe." (p. 6). The primary purpose of this study is to identify the main ways in which Black and other racial minority prisoners in Ontario prisons, are subject to racial oppression and discrimination. The report focuses on three main themes: i) Racial hostility and intolerance in prison environments; ii) Racial segregation of prisoners within and among prisons; and iii) Racial inequality in the delivery of prison services. The main conclusion reached in this study is that there is overt and systemic racism occurring in Ontario prisons, thus necessitating further review of other aspects of the criminal justice system as well as review of the training of corrections staff.   Commission sur le racisme systémique dans le système de justice pénale en Ontario. (1994, janvier). Le racisme derrière les barreaux. Toronto. Commission sur le racisme systémique dans le système de justice pénale en 0-7778-1551-6. «Il est évident d'après les résultats de nos recherches que les propos et les attitudes racistes abondent dans nombre d'établissements correctionnels en Ontario? Étant donné les résultats de nos recherches, d'aucuns pourraient croire que la seule solutionconsiste à remplacer les membres de la direction actuels. La Commission espère toutefois qu'on pourra obtenir les résultats voulus grâce à des mesures moins draconiennes. Nous sommes persuadés qu'il y a parmi les actuels membres de la direction des établissements correctionnels en Ontario des hommes et des femmes qui sont capables de relever le défi que présente la lutte contre le racisme. Ce qu'il faut, c'est un engagement ferme à l'égard de l'élimination du racisme. » (p. 27 et 29). Ce rapport dresse un bilan des conditions de vie discriminatoires que subissent les détenus de race noire et de minorités raciales dans les établissements correctionnels en Ontario. Surtout, les auteurs présentent les résultats de leurs entrevues et de leurs consultations facilitées auprès de détenus et d?employés du milieu carcéral. En premier lieu, la Commission note la prépondérance d?injures à caractère raciste ; insultes, stéréotypes raciaux et sexuels, et un mépris général pour les pratiques culturelles, religieuses et linguistiques minoritaires. La question de la ségrégation raciale est aussi explorée. Surtout, ils s?intéressent à sa pratique, sa cause et à ses conséquences pour les détenus comme pour le personnel. D?ailleurs, les plaintes de traitement discriminatoire dans la prestation de services y inclut les demandes pour produits hygiéniques, les traitements au moment de la grossesse, et les nécessités alimentaires sont étudiées et détaillées. L'enquête constate qu?ilexiste en effet un racisme manifeste et systématique dans ces établissements correctionnels et suggère, en guise de conclusion, une série de recommandations.   Doris Marshall Institute and Arnold Minors & Associates. (1993). Working for Justice: Toward Increasing Access and Equity For Lawyers, Judges and Justices of the Peace of Colour in the Ontario Criminal Justice Ontario. Doris Marshall Institute and Arnold Minors & Associates. "The crux of the problem is the exclusion of persons of colour as definers of the world which limits their freedom. The values which underlie the legal system are rooted in the 18th and 19th century, when women were chattel, African Peoples were enslaved and Aboriginal lands were stolen. That historical reality has been largely denied. The law is seen as neutral and objective with a capacity to effectively arbitrate relationships of all persons in Canadian society." (p. 9). This report consists of research conducted on how to increase equity in employment with specific reference to the criminal justice system. The overall purpose of the study is to ensure that people of colour have equal access to the legal profession, and to the judicial profession, in an attempt to eradicate systemic racism in the judicial system. The report reviews current practices and measures involved in the hiring, training and education, promotion, and discipline of justice system officials and personnel, to assess the extent to which diverse values and viewpoints are reflected in the day to day working of the criminal justice system.   Gibson, Dale. (1990). The Law of the Charter: Equality Rights. Toronto. The Carswell Company Limited. 0-459-34001-3. "Differences in opinion about the validity of various systems for classifying human racial streams, together with a recognition that many of the characteristics people referto as "racial" are determined culturally rather than genetically, and a distaste for having to be concerned with the criteria of race at all, were doubtless responsible for the inclusion, in both human rights statutes and the Charter, of the additional overlapping grounds of "colour" and "national or ethnic origin." Section 15(1) appears therefore to outlaw discrimination based on any criteria that could be said to be "racial"in the broadest possible sense of that term." (p. 62). This books discusses the evolution of equality rights legislation in Canada, primarily regarding Section 15 of the Canadian Charter of Rights and Freedom. The author presents an overview of the history of equality rights in Canada, citing the main cases in equality rights, both before and after the advent of the Charter. As well as presenting a general overview of equality cases, the author also provides a detailed analysis of the varying grounds for discrimination, both under the Bill of Rights and the Canadian Charter of Rights and Freedoms. Also included in the book is a presentation of the 'reasonable limits' to equality rights, affirmative action policies and remedies. Included in the book is an extensivetable of cases.   Kallen, Evelyn. (1995). Ethnicity and Human Rights in Canada. Toronto. Oxford University Press. 0-19-541079-3. "In Canada, the constitutional protection for equality rights, under s. 15(1) and (2) of the Charter, is impugned by the systemic inequality of visible minorities. In order to maintain the status quo of racial/ethnic inequality in face of an anti-racist egalitarian national ideology, majority authorities have shifted their ideological stance from a focuson inherent (biological) racial inferiority to a focus on 'natural' cultural difference. This shift, however, does not alter the fundamental premise of 'White racism', that of blamingthe victim for social and economic problems perceived as a 'natural' consequence of group differences." (p. 30). This book presents an overview of the main issues in an analysis of ethnicity and human rights in Canada and is intended as a framework for analysis of these main issues. The main premise of the author is that it is human rights violations which create and sustain the status of racial and ethnic groups in Canada as minorities. In supporting this thesis, the author presents an analysis of the minority rights issues concerning three distinct groups in Canada, Aboriginal peoples, racial and ethnic immigrant groups, and "Franco-Québécois". By analysing these three groups, the author presents what he perceives to be the three key issues in Canada today: 1) self-determination, 2)anti-racism and multiculturalism, and 3) national sovereignty. In addition to presenting the main issues of these three groups, the author also takes an international perspective and analyses the strength of legal protections for these rights both in Canada and internationally.