David Milward

Director, JD/JID program
Associate Professor

David Milward

David Milward

David Milward
Tel: 250-721-8154
Fax: 250-721-6390

Faculty of Law, University of Victoria
PO Box 1700, STN CSC
Victoria, BC  V8W 2Y2

Dr. David Milward is a member of the Beardy's & Okemasis First Nation in Saskatchewan, and was previously an Associate Professor of Law with the University of Manitoba. He has numerous publications in international and leading national law journals in the areas of criminal law, evidence, and Indigenous justice.

His first book, Aboriginal Justice and the Charter, won the K.D. Srivastrava Prize in 2012 for the best book published by U.B.C. Press that year. It was also short-listed for the Canadian Law and Society Association Book Prize Award that same year.

His second book, The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness, was co-authored with the late Dr. Charles Ferguson. The book describes Dr. Ferguson's experiences with calling into question deficient forensic science evidence in Canadian courts, particularly that of former Ontario forensic pathologist Dr. Charles Smith.

He has also authored numerous reports. The Gladue Handbook, co-authored with Allard Hall Professor Debra Parkes, is well-received among both judges and lawyers. He assisted the Truth and Reconciliation Commission of Canada with completing portions of its Final Reports that focused on Indigenous Justice Issues. He also completed a report titled Children Need Families, Not Courtrooms, for the Office of the Children's Advocate of Manitoba that explored the use of mediation-based alternatives for resolving child welfare matters.

  • B.A. (History), University of Calgary (1996)
  • L.L.B., University of Alberta (1999)
  • L.L.M., University of Alberta (2003)
  • D. Phil., U.B.C. (2009)
  • Celeste McKay & David Milward, "Onashowewin and the Promise of Aboriginal Diversionary Programming" (2018) Manitoba Law Journal (forthcoming).
  • David Milward, "Residential School Syndrome and the Sentencing of Aboriginal Offenders in Canada" (2018) Criminal Law Quarterly (forthcoming).
  • David Milward, "Freeing Aboriginal Rights from the Past" in Richard Alberta, Vanessa McDonnell & Paul Daly, Constitutions in Transition (Toronto: University of Toronto Press, 2018) (forthcoming).
  • Charles Ferguson & David Milward, The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness (New York: Taylor & Francis, 2017).
  • David Milward, "The Sentencing of Aboriginal Accused with FASD: A Search for Different Pathways" (2014) 47:3 University of British Columbia Law Review, Special Issue from the Law on the Edge Conference, 1025-1083.
  • David Milward, "Locking up those Dangerous Indians for Good: an Examination of Canadian Dangerous Offender Legislation as Applied to Aboriginal Persons" (2013) 51:3 Alberta Law Review 619-658.
  • David Milward, "Opposing Mr. Big in Principle" (2013) 46:1 University of British Columbia Law Review 81-119.
  • David Milward, Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights in Canada (Vancouver: U.B.C. Press, 2012).
  • David Milward, "The Latest Chapter in Fighting Terrorism since 1492: An Examination of Canadian Anti-Terrorist Legislation and Policy as Applied to Aboriginal Peoples" (2012) 59:3 & 4 Criminal Law Quarterly 278-299.
  • David Milward, "Sweating It Out: Facilitating Corrections and Parole through Aboriginal Spiritual Healing" (2011) 29:1 Windsor Yearbook of Access to Justice 27-54.
  • David Milward & Debra Parkes, "Gladue: Beyond Myth and Towards Implementation in Manitoba" (2011) 35:1 Manitoba Law Journal 84-110.
  • David Milward, "Doubting what the Elders have to say: a critical examination of Canadian judicial treatment of Aboriginal oral history evidence" (2010) 14:4 International Journal of Evidence and Proof  287-325.
  • David Milward, "Restless Spirits in the Land: Finding a Place in Canadian Law for Aboriginal Civil Disobedience" (2009) 16:1 International Journal on Minority and Group Rights 1-29.
  • Current Topics in Indigenous Law: Criminal Justice and Family Law
  • Transsystemic Criminal Law
Professor Milward is interested in supervising LLM and PhD students in criminal law, but is especially interested in topics related to Indigenous justice, restorative justice and Indigenous legal orders.