In Algonquian folklore, the wetiko is a cannibal monster or spirit that possesses a person, rendering them monstrous. In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children. Friedland critically analyses Cree and Anishinabek stories and oral histories alongside current academic and legal literature to find solutions to the frightening rates of intimate violence and child victimization in Indigenous communities. She applies common-law legal analysis to these Indigenous stories and creates a framework for analysing stories in terms of the legal principles that they contain. The author reveals similarities in thinking and theorizing around the dynamics of wetikos and offenders in cases of child sexual victimization. Friedland’s respectful, strength-based, trauma-informed approach builds on the work of John Borrows and is the first to argue for a legal category derived from Indigenous legal traditions. The Wetiko Legal Principles provides much needed direction for effectively applying Indigenous legal principles to contemporary social issues.

In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children.

In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children.

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Drawing on the insights of Indigenous feminist legal theory, Emily Snyder examines representations of Cree law and gender in books, videos, graphic novels, educational websites, online lectures, and a video game. Although these resources promote the revitalization of Cree law and the principle of miyo-wîcêhtowin (good relations), Snyder argues that they do not capture the complexities of gendered power dynamics. The majority of the resources either erase women’s legal authority by not mentioning them, or they diminish women’s agency by portraying them primarily as mothers and nurturers. Although these latter roles are celebrated, Snyder argues that Cree laws and gender roles are represented in inflexible, aesthetically pleasing ways that overlook power imbalances and difficult questions regarding interpretations of tradition. What happens when good relations are represented in ways that are oppressive? Grappling with this question, Snyder makes the case that educators need to critically engage with issues of gender and power in order to create inclusive resources that meaningfully address the everyday messiness of law. As with all legal orders, gendered oppression can be perpetuated through Cree law, but Cree law is also a dynamic resource for challenging gendered oppression.

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Storytelling has the capacity to address feelings and demonstrate themes – to illuminate beyond argument and theoretical exposition. In Otter’s Journey, Borrows makes use of the Anishinaabe tradition of storytelling to explore how the work in Indigenous language revitalization can inform the emerging field of Indigenous legal revitalization. She follows Otter, a dodem (clan) relation from the Chippewas of Nawash First Nation, on a journey across Anishinaabe, Inuit, Māori, Coast Salish, and Abenaki territories, through a narrative of Indigenous resurgence. In doing so, she reveals that the processes, philosophies, and practices flowing from Indigenous languages and laws can emerge from under the layers of colonial laws, policies, and languages to become guiding principles in people’s contemporary lives.

Celebrated American Indian thinker Jack D. Forbes’s Columbus and Other Cannibals was one of the founding texts of the anticivilization movement when it was first published in 1978. His history of terrorism, genocide, and ecocide told from a Native American point of view has inspired America’s most influential activists for decades. Frighteningly, his radical critique of the modern "civilized" lifestyle is more relevant now than ever before. Identifying the Western compulsion to consume the earth as a sickness, Forbes writes: "Brutality knows no boundaries. Greed knows no limits. Perversion knows no borders. . . . These characteristics all push towards an extreme, always moving forward once the initial infection sets in. . . . This is the disease of the consuming of other creatures’ lives and possessions. I call it cannibalism." This updated edition includes a new chapter by the author.

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past twenty-five years to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.