A theoretical analysis of Aboriginal youth delinquency in Canada

Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.

These agreements, as negotiated with each state, vary but address the police framework in relation to these criminal justice problems. For example, the Queensland agreement involves reducing the rate in which indigenous come into contact with the criminal justice system to level with the non-indigenous rate (Cunneen 2007). By achieving this they have set out specific goals, which address early intervention and diversionary strategies with the risk factors involving indigenous youth coming into contact with the justice system. Also addressing the policies, procedures and practices within the justice system that are suitable for indigenous communities and increasing participation of these communities by development of their own resolutions (Cunneen

Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how

There is alarming number of Indigenous Australia’s currently serving time in prisons and from 2001 the numbers has been increasing. According to Krieg (2006) Indigenous incarceration may be the direct consequences of inadequate housing, mental health, substance use, family violence and disability.

When considering why criminal law is important in achieving justice for Indigenous Australians it is pertinent to recognise that Indigenous people are grossly over-represented in the criminal justice system. Recent data suggests that Indigenous Australians aged 10 and over are 7.5 times

How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.

In Canada when a young person gets in trouble with the law, the punishment given will be in accordance with the Youth Criminal Justice Act. The Youth Criminal Justice Act was created in 2003. The main objective of this legislation is to hold youth accountable for their actions through the promotion of “rehabilitation” and “reintegration” (Youth Criminal Justice Act, 2002, S.3a(ii)). Within the Canadian court system, there is a youth court for individuals who get in trouble with the law while they are still under the age of 18 years. In Calgary, Alberta the youth courtrooms are located in the Calgary Courts Center building, which is located at 601 5th Street SW. I attended youth court on Wednesday, October 26, 2016 and Monday, October 31th. This paper will shed light on the atmosphere of the youth courtroom, analyze how the criminal justice professionals are acting within the courtroom, and discuss certain cases that went through the youth courts.

Minister If I may suggest some possible alternatives to ease the situation and even improving the current issue. Causal factors, which result in Aboriginal people coming into contact with the criminal justice system, must be addressed. The contributing factors need to be tackled at a community level, with genuine involvement by the Aboriginal community members in decision-making.

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1991 provided documentation on the death of indigenous Australians in prison or police custody. In doing so the report highlighted the substantial over representation of Aboriginal and Torres Strait Islander people in the Criminal Justice system and provided detailed analysis of underlying factors. The reports findings were believed to be the foundation of change. However, regardless of a range of policy changes and crime prevention programs in repose to the report, over representation in the criminal justice system remains. The issue is one of the most significant social justice and public policy issue in the contemporary Australian criminal justice system. The RCIADIC made 339 recommendations, most of which have been implemented into the criminal justice system over the past two decades. Never the less the systematic over representation remains prevalent. The purpose of this essay is to understand over representation as it exists in the contemporary criminal justice system. Particular emphasise will be placed on the levels of women and youths in the criminal justice system, their contact with the system and empirically based risk factors pertaining to over representation. An evaluation of alternative programs in the pre and post sentencing stage and the impact such programs would have on the over representation will be conducted.

No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst

Cunneens (2007) articles showed relative statistics, showing the negative effects of the relationship between the two groups, whether it is one groups wrong doing or not, the evidence shows that there is an issue that needs urgent attention and resolving. “Indigenous people were 17 times more likely to be held in custody than non-Indigenous people in Australia” this raw fact can be looked at from two different perspectives; number one the indigenous community are victimised by the police, or two a major percentage of the indigenous community are being involved in crime. Considering the indigenous population compared to the non indigenous community is so small, it does

Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic

According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. Monchalin (2016), defines risk factors as influences which increase the probability of being exposed to victimization or crime. Risk factors present in Aboriginal communities include marginalization, systemic racism, lack of cultural identities, and dysfunctional, disorganized families (Monchalin, 2016). Residential schools are notoriously known for their role in producing immensely negative affects on Aboriginal people for decades, which has been detrimental within communities and has lead to the vast overrepresentation in the criminal justice system. The Office of the Correctional Investigator (2016), states in 2016, the number of Aboriginal people represented in Canadian federal institutions had reached 25 percent, whereas the aboriginal population itself only reflects 4.3 percent of Canada’s total population. To what extent has residential schools influenced the current issues concerning overrepresentation of Indigenous people in Canadian Prisons? Residential schools have had an instrumental role in hindering Aboriginal male’s ability to succeed in society, thus leading to the mass incarceration of First

The over-representation of Indigenous people in the criminal justice system is a large problem in society and reasons as to why this may be occurring need to be examined (Walker & McDonald, 1995; AIC, 2013). Indigenous Australians make up less than three per cent of the overall Australian population, however Indigenous people are over-represented in Australian prison populations, with imprisonment rates that are around 12 times those of the rest of the Australian population (AIC, 2013). Rates of over-representation are even higher in juvenile detention, with a 10-17 year old Indigenous person being around 24 times more likely to be in detention than a non-Indigenous person of the same age (AIC, 2013; Cunneen & White, 2011). Indigenous Australians overrepresentation in the criminal justice system is usually due to offences pertaining to violence and public disorder (ABS, 2010; Hogg & Carrignton, 2006). This is endorsed by the fact that Indigenous Australians currently make up 40 per cent of those imprisoned for assault offences (AIC, 2013). The over representation of Indigenous Australians in the criminal justice system may be attributed to a variety of reasons, known as risk factors (AIC, 2013).

A lot of Canadian youth face issues such as living in poverty, living in violent neighbourhoods and sometimes that leads to them becoming young offenders. In order to help these youth become positive contributing parts of Canadian society the impact that the Youth Criminal Justice Act and the Safe Streets and Communities Act has had on them must be studied. Therefore this essay will address the questions of whether the purpose of the legislation we have to deal with youth offenders is to rehabilitate youth or punish them, and whether or not the method being used by the Canadian government is effective in allowing young offenders to create and lead a stable life after being released from jail. This paper will argue that the main goal of the