https://d1y502jg6fpugt.cloudfront.net/62030/archive/files/191608c9f1d7d7d70d01c055aca88119.pdf?Expires=1792627200&Signature=aAUZ3Qra9cKWp6qMWJtDx%7Ezs5Hees6tyEUWaa7GBlK%7E0Bb0%7EwZiWL3XB77fKeYNRHX0oL60VSH6j9jweNdpGOBwsDITqtIIpjTDT%7EvkbEWEPjR5%7EdVv%7EwbXKiiQWlHMX-tzWlmiBYEGdA0xVerDKtRVY%7Egv82E0XmTgPGpnwOc3y%7En4UoX-IdPjXGqZ6I3xi1-oxZQKIsRusO1JGabEWAKVqAa2RmeM2ieGpodWZJSg0fN8LJhbDsreaNlk9Cz%7EPaQ7TUhUklwShNHGkqYl1XzLVt9UyzMw2lo0zZHfCYE2-1j0ZbeCSkZo6s3TFnY4MPRD47bR5u%7EC%7E%7EEdLK9-Ctw__&Key-Pair-Id=K6UGZS9ZTDSZM 8ef158ae435f2d8a4ca6d69e9134b2ea PDF Text Text CAN "LEGAL PLURAliSM" WORK? First Nations and the Canadian judicial BY TOBI KENNEDY Approximately lOO audience members crowded into Chancellor Day Hall on September 29 to hear Jacques Pierre Vanderlinden, a law ' professor at the University of Moncton, speak on the topic of "Canada First Nations: Legal Pluralism?" Vandcrlindcn was careful to emphasise the question title of his speech which mark in had curiously been omitted from posters publicising the talk. At the beginning of the lecture, Vandcrlindcn wrote a definition of legal pluralism on the blackboard behind him: "The existence, in a given society, of different legal mechanisms applying to identical situations." By the end of the session, he had a new definition. Speaking from a few scrawled notes rather than a prepared paper, Vandcrlindcn related to the audience the natural tendencies of the traditional colonial :;ystcm. "We must do away with the idea that pluralism can exist within a given society or... legal order [... ]. Every society has only one legal [normality] of order... a totalitarian order, because it's not going to tolerate others' orders," he explained. Vandcrlindcn made it dear that Canadians exist in a society which accepts other orders only if they are compatible with Canadian legislation, with the Canadian concept of natural justice and with Canadian morality. He pointed out that whatever is conceded to First Nations in terms of traditional judicial practices is done so only with certain provisions that keep it in line with traditional Canadian law. This is not legal pluralism, asserted Vanderlindcn, but rather, the overpowering of one system over another. Legal pluralism, he continued, can exist only under total parallelism or between adverse and non-integrated orders. Legal pluralism, 111 fact, means although sovereignty, very il: was Vanderlinden apprehensive to use this word for fear of "being enlisted in the camp i3 of another," referring to its context in Quebec. BLURRED P&-URALISM focusing on the individual organisation to which they belong and rather than the system as a whole, those of their nation. In terms of First Nations, a viable Vanderlinden introduced with· a within this definition oflegal option as pluralism new definition for legal a "situation where an individual is pluralism would be to separate subjected to more than one aspects of the legal process, for instaJ!CC conducting a trial under autonomous system." Vandcrlinden cited professional Canadian law but allowing the sports, school systems and the Mafia as specific native group involved to sentencing. the instances in which people function handle under two sets of rules: those of the Vanderlindcn pointed to one HELP FOR SURVIVORS BY LYNN ABRAHAMlAN The Sexual Assault Centre of the Society Students' McGill (SACOMSS) gained a measure of autonomy from the Students' Society last year when students voted to pay an additional $.50 per semester above Students' Society fees. This extra money was to go toward improving the service that the Centre provides. According to Lauric Stcvcnson, former external coordinator at the Centre, many "structural changes" have already taken place. She explained that the ·additional money has made it possible for the Centre to train more volunteers, maintain a night office and install a new telephone line. But the project the Centre is most V) g: proud of its new advocacy and accompaniment project. The aim of this project is to offer support for '<), survivors of sexual assault and e harassment who arc seeking 0 recourse through the McGill structures. Stevcnson said the 6 service will "firstly, inform people of :E their concrete options and secondly, help them talk about their experiences." The Centre expects that two _, things will happen as a result of this service. One is that it will encourage u1 people to come forward. "It is l: difficult for people to do so because w ::r:: it is such an awful system, but maybe t- with our support, more people will B[com.c forward]," Stcvcnson cxplamed. · 5 The second result the Centre anticipates is to force political change. "As a help line, we're not a political organisation, but this year we want a separate section that could have a political voice, that could speak for change and push people on campus to do something about this issue. We need to convince the people that sexual assault does exist and is prevalent on campus," elaborated Stcvenson. Aside from the accompaniment funding allows the project, the Centre to provide trained facilitators for all its support The list of groups includes those for eating disorders as well as the friends and family support group, the only English-speaking group of its kind in Montreal. Other SACOMSS future projects include a one-on-one individual counseling project. Other groups on campus arc undertaking sexual assault studies of their own. The Students' Society and the School of Social Work will collaborate on a sexual assault research project starting next month. Carla Alexander, a social work student and coordinator of the project, will conduct and compile a series of interviews with McGill students who have been sexually assaulted while attending the university. Although Alexander is the project's coordinator, the idea originated with Lisa Grushcow, vp university affairs. There arc high instance in Alaska where an American court found two native youths guilty of aggravated assault but turned them over to the leaders of the T'lingit for sentencing. "There were a few days of long discussion ·and then came the sentence, which was in fact the only thing that interested the media: ... Each of them, sLx months on an island, separated." This is the only known instance of its kind and could set a precedent for a movement towards legal pluralism. The possibility that legal pluralism could be partial, as in the case above, suggests subjectivity, but, as Vanderlinden ·pointed out, it may be the only non-colonial, non-ethnocentric and nonprejudicial solution. Sexual Assault Centre expands its serv1ces hopes that this research will raise awareness among students that sexual assault is quite prevalent on campus and admit change within McGill's system But a study done last year at McGill shows that reports of sexual assault have decreased. Some may conclude that the number of acts of sexual assault have decreased as well, but Stevenson disagrees. "It is not the sexual assault that has decreased but the number of reports of it because people don't want to come fonvard." Stevenson expressed her utter disappointment in McGill for not giving its survivors of sexual assault the attention they deserve. She said the university's approach to the issue of sexual assault alienates survivors and makes it difficult for them to feel safe and comfortable in speaking out. As it stands, the Sexual Harassment Assessors are the official channel available for people who have experienced sexual assault or harassment in a McGill setting. The assessors have the role of providing support for survivors as well as mediating between survivors and their alleged assailants. The result can often be that the assessor is giving the survivor support as well as acting as 'judge' or mediator for the conflict. Stcvcnson blamed the hostile environment for survivors on the administration. "McGill needs to I clean up its act and learn how to treat its survivors," she concluded. Stevenson said sexual assault is prevalent in the residences and the inability of comments residence directors to deal with the numerous counts of sexual assault that occur within their jurisdiction. "I call it a conspiracy of silence. If a problem erupts, there is a will among the directors to keep it undercover," Stevenson charged. SACOMSS helps to break this silence by offering services both to McGill students and non-students. Trained volunteers maintain a confidential help line for survivors to call when they need support. "We're not a counseling service, but we can refer them to some," affirmed Stevenson. Outreach its Through Programme, SACOMSS offers both educational and interventionist programs that include group discussions about issues of sexuality, sexual assault and sexual relationships. reporting by Erin Prelypchan SACOMSS is in Shatner Rm. 430; the daytime phone number is 398-2700; the night help line is 3988500. PUBLIC SERVICE ANNOUNCEMENT e enumeration revision period for enumeration • vote in the October 30 referendum ends •morrow. Students are advised to go to their station immediately to make any revisions polling • • the en·umerators' list. You are eligible to vote if you are a Canadaian citizen, 18 years old, and have been a resident of Quebec for at least 6 months. For any further information, the addresses and ce hours of the polling stations are available calling 1800 461 0422 or for the hearing impaired � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Coverage from The McGill Daily Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Paper Volume 85 Issue 15 Page Number(s) 8 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Help for Survivors: Sexual Assault Centre expands its services Description An account of the resource After receiving additional funding via a direct student fee levy, SACOMSS expands its services to include a new advocacy and accompaniment project. Creator An entity primarily responsible for making the resource Lynn Abrahamian Publisher An entity responsible for making the resource available The McGill Daily Date A point or period of time associated with an event in the lifecycle of the resource 1995/10/16 Format The file format, physical medium, or dimensions of the resource PDF residence Sexual Assault Centre of the McGill Students' Society (SACOMSS) Sexual Violence Policy SSMU