The sexual abuse of children: "Spirit murdering".

Abstract

This thesis compares and contrasts the current legal protections provided to sexually abused, non-Aboriginal children with that afforded to the Aboriginal children of Canada. In Part I, the main findings and recommendations of the Badgley Committee and the federal government's subsequent enactment of Bill C-15 are examined. In Part II, the inequities which Aboriginal people have suffered as a result of the imposed circuit court system are discussed. As background to a discussion of alternative Aboriginal justice systems, a critique is provided on the case of R. v. Moses, [1992] 3 C.N.LR 116 in which the first sentencing circle was used. A description and critical analysis of various Aboriginal justice projects across Canada are provided. The author has made recommendations to revise the rules of evidence and procedure regarding child sexual abuse victims and to provide protection to women and children living in Aboriginal communities.