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Legal News
24 Mar 2012
by Jamie Davis

[JURIST] The Supreme Court of Canada [official website] on Friday issued a decision [text] requiring sentencing judges to consider the history of oppression that Aboriginal offenders may have experienced when determining appropriate sentences. The court determined that sentencing judges should take into account certain negative factors affecting Aboriginal defendants: When … [read more]


Legal News
19 Jan 2012
by Maureen Cosgrove

[JURIST] A panel of Australian citizens on Thursday proposed that the country's Constitution [materials] recognize the Australian indigenous population [report materials], including Aboriginal and Torres Strait Islander people. Currently, although Aborigines make up almost three percent of the Australian population, they are not mentioned in the constitution. The panel, consisting … [read more]


Legal News
21 Dec 2011
by Ashley Hileman

[JURIST] The European Court of Justice (ECJ) [official website] ruled [judgment text; press release, PDF] Wednesday that an asylum seeker may not be transferred to a member state if there is a risk he will be subjected to inhumane treatment. In so ruling, the ECJ rebutted the presumption that member … [read more]


Legal News
25 May 2011
by Julia Zebley

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday a rebuked [text] Australia for its political, rather than human rights based approach to indigenous people and asylum-seekers. Although she criticized some of the nation's practices, she had considerable praise for "a strong history of commitment to … [read more]


Legal News
8 Nov 2010
by LaToya Sawyer

[JURIST] Australian Prime Minister Julia Gillard [official website] on Monday announced a national referendum [press release] that seeks to include Aboriginal and Torres Strait Islanders in the Australian Constitution [materials]. Currently, although Aborigines make up almost three percent of the Australian population, they are not mentioned in the Constitution. The … [read more]


Legal News
22 Jun 2010
by Hillary Stemple

[JURIST] The Australian government reinstated its Racial Discrimination Act (RDA) [materials] in the Northern Territory on Tuesday after the Senate [official website] approved the legislation [Senate report] as part of a Social Security Act late Monday. The discrimination laws were suspended by the Northern Territory National Emergency Response Act (NTER) … [read more]


Legal News
23 Apr 2008
by Jeannie Shawl

[JURIST] The Federal Court of Australia [official website] on Wednesday ruled that a lower court made several errors of law in its 2006 decision [text] giving Aborigines native title [NNTT backgrounder] to land in the Australian city of Perth, and said that the case must be reheard. The Australian government … [read more]


Legal News
15 Feb 2008
by Patrick Porter

[JURIST] Australian Aborigine groups said Friday they are preparing lawsuits in response to an offical apology [text; AFP report] delivered Wednesday by Australian Prime Minister Kevin Rudd [official profile] in an address to Parliament, publicly accepting responsibility for the historical mistreatment of Aboriginal people under the "laws and policies of … [read more]


Legal News
5 Oct 2006
by Holly Manges Jones

[JURIST] Australian Attorney-General Philip Ruddock [official website] said Thursday that the Australian government plans to appeal [press release] a court decision giving Aborigines native title [NNTT backgrounder] to land in the city of Perth, saying the ruling could prevent non-indigenous people from having access to public parks and beaches in … [read more]

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