Each time an individual is sentenced, there are purposes or goals behind sentencing the offender to ensure that it is fair to the them and beneficial to society. The Canadian correctional system has three main goals: to deter the offender from committing additional crimes, protect the population, and rehabilitate the offender. In order to do this, a sentence is given in propionate to the crime committed. The sentence must be fair to the offender, send a clear message to other offenders, and reasonable so that it addresses the interest of the public. Due to Aboriginals being overrepresented in Canadian legal institutions, there is a greater need for social context to be considered when a judge is sentencing an Aboriginal offender. Through Critical Race Theory, in order to prevent racism, the Canadian legal system must understand the importance of Aboriginal history and how they are seen as a group in present society. The diversity of Canadian society requires judges to use social context to the extent of considering racial and historical complexities that originate from …show more content…
Critical Race Theory (CRT) is a theoretical framework founded in the mid 1970 in America that evaluates the relationship between race, racism, and power that is engraved in a society (Delgado & Stefancic, 2001, p. 2). CRT’s main purpose is to examine race in a society and combat issues of racism. Racism is imbedded the social and political institutions that effectively promote it, Erica Frederickson supports this statement by arguing, “the fact that four out of ten Aboriginal people who come into contact with the justice system perceive that system to be unfair or discriminatory, combined with troubling low rates of confidence in the system among urban Aboriginal people, should generate concern in a society committed to principles of fairness and equality before the law” (p.
In this reflection paper, I will be discussing the R v Mann case. In this case, the specific issue from that judgement I wish to address is whether race is necessary to acknowledge in the dimensions regarding the police detention practices. This reflection paper will first acknowledge how the Supreme Court of Canada could have factored in race into its analysis in R v Mann. Next, the paper will examine the case through the lens of the Critical Race Theory (CRT) and cultural competence to help better understand the issue of race. I will then conclude my paper with a brief discussion of the next steps to address where to go from here regarding the issue of race.
There has long been a heated debate surrounding Indigenous Australians and the criminal justice system, attracting a significant amount of media attention. Whilst, we may have come along way since colonisation, Australia still needs to make significant changes to the criminal justice system in order to better address the needs of Indigenous people, who all to often are the victims of a faulty system. Many news outlets such as the Herald Sun, the Sydney Morning Herald and the ABC have touched on these issues but fail to go into any great depth. By looking through articles provided by such news sites in comparison to alternative media, with the idea of social disadvantage in mind, it obvious that there are significant disparities between them.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there
The relationship between Aboriginal peoples and the Canadian government has been a troubled one since European first contact that continues even at the early stages of the 21st century. Although this relationship can be observed from a number of different angles, the intent of this paper is to focus specifically on the failures of the criminal justice system while correlating it with the social and economic inequalities that are the root cause of the problem. It will therefore be argued that the criminal justice system has not adapted to adequately address the concerns of the Canadian Aboriginal people. This paper will begin with policing, which is the first stage in the justice system, where an examination of issues will be presented such
Historically it has always been the trend that people are in constant competition for power so that they may impose their ideologies on the rest of society. The government has imposed political and social structures that are in line with their views but they have been shown to promote social inequalities at Indigenous women’s expense. The overrepresentation of Indigenous women in the Criminal Justice System is seen though history, and discrimination can be found at The Canadian Justice system’s actions as an agent for society as a whole has contributed to the devaluation of Indigenous Women. There have been numerous studies and reports done on the relationship between the Canadian government and Indigenous women which has shown the negative impacts of policies enacted. These actions have proved to
The basis of Restorative Justice is to help the offenders and redress the wrongs they have committed. One of the programs within Restorative Justice, the Sentencing Circle, includes members of the Aboriginal offender's community, such as the Chief, Elders, Band Councilors, the victim or his/her family, police, prosecution and defense counsel which all gather and then recommend an appropriate sentence. Aboriginal peoples represent an outstandingly large faction in Canada’s justice system. Aboriginals are incarcerated in numbers five to six times greater than the Canadian national average of non-Aboriginal peoples being incarcerated, with 80 percent in the Northwest Territories and 50 percent in the Prairie Provinces. Urban Aboriginal peoples prosecuted for criminal activity are 4.5 times more likely than non-Aboriginal offenders in Calgary and 12 times higher in Regina and Saskatoon.
There is a dearth of respect for Aboriginal people in the Canadian justice system shown by the lack of regard for the personal past of these people during their trials, and the unfair and unjust sentencing for their crimes which will not help them in the long run. In the article Canada’s prisons are the new ‘residential schools’ by Nancy Macdonald, she states that Andy Peekeekoot, a man from Saskatchewan's Cree nation, was not fairly tried because the judge on his case did not consider the implications of his past childhood. “Before he turned two, Peekeekoot was made ward of the state after being found starved and neglected. Both parents were violent alcoholics and drug users . . . he was twelve when he attempted suicide, after being sexually abused”
Some critical educational researchers began to transform tenets from legal CRT to those more closely situated to education. For example, Professor Daniel G. Solórzano (1997, 1998) created five themes of critical race theory in relation to education that inform perspectives, research methods, and pedagogy: (1) The centrality and intersectionality of race and racism, (2) The challenge to the dominant ideology, (3) The commitment to Social Justice, (4) The centrality of experiential knowledge, and (5) The interdisciplinary perspective (Solórzano & Yosso, 2002; Yosso, 2005). Following these five tenets, then, CRT in education can help identify, analyze and transform structural and cultural ideology that disadvantages students of color in classrooms
Race and its restrictions are constructed by society. Racial rules are made and then reinforced by white supremacy and privilege. Due to these cultural expectations, we are all always in a defensive and questioning position. These expectations inspired me to take a series of photos that express the conflict between the external struggles conform to societies expectations of confrontation. It is also intended to make a commentary on the want to be an ally to each other. That grief and support are universal feelings. Race is an unnecessary focal point that we have created to imprison ourselves. Attending the Writing Race in the U.S.: An Exploration of African American Literature and Critical Race Theory class has significantly altered my view of race and racism. I now know that racism is not only projected by those
In Critical Race Theory, or CRT, it is recognized that racism is lodged into the system of American society. Critical race scholars believe that the power
Canada is a country filled with a diverse population, in regards to both immigrants and those born within the country. However, it is undeniable that Canada was born on the land of the natives and that they are still a very integrated community within the country. As of 2011, the aboriginal population took 4.3% of the nation’s inhabitants, a 20.1% increase from 2001 (Statistics Canada, 2014). This translates to approximately 1.4 million citizens, but unfortunately, 23.2% of the federal inmates within the country are aboriginals (Office of the Correctional Investigator, 2013). There is an abnormally large amount of indigenous people behind bars, in which the incarnation rate for aboriginal offenders are ten times higher than an non-aboriginal
I LEARNED THAT I could potentially use critical race theory as an analytical to examine mathematical discourse.
The conceptual framework for this study is based on three assumptions: 1) Critical Race Theory (CRT) is a necessary component to examine the marginalization and muted voices of Black women through narrative (Cook, D.M. & Williams, T, 2015). (Harris, 2016) (Hernandez, 2016) 2) Intersectionality situated in CRT offers multiple identity markers that are interconnected and independent variable (Cannon, M.A. & Morton, C.H., 2015) (Patton, L.D. & McClure, M.L., 2009). 3) The concept of students as spiritual beings through the development of faith and spirituality (Patton, Renn, Guido, Quaye, 2010; Weddle-West, Waldon, & Norwood, 2013). Spiritual development encompasses obtaining: purpose, meaning and direction in students’
Canada has the largest population of visible minorities because of its diverse backgrounds and multicultural society. The two largest groups of minorities in Canada are Aboriginals (general population=4%), Black people (general population=2.5%). Both of these visible minorities are also the largest incarcerated in Canadian Correctional Services: Aboriginals being 23% of incarcerated offenders and Black people being 9% (Griffiths & Murdoch, 2014). The critical analysis of crime and criminal justice as social constructs uphold social, racial, political and economic inequalities. The injurious behaviours of the poor and racial minorities are more likely to be depicted as criminals rather than the actions of the rich and powerful. Using
According to which immigrants and their descendants were discouraged from maintaining close ties with their countries and cultures of origin and instead were encouraged to assimilate into the American way of life. However, on the other side of the borders, here in Canada, we are not doing much better than our Americans neighbors. Although our laws do not specifically target black members of the community, they are racialized and focus on the indigenous people of Canada. Nearly one third of federal prisoners are Aboriginals, while they consist of only three percent of the total population in Canada (Sudbury 2004b). In some provinces like Saskatoon a whopping 76% of prisoners are compiled by our indigenous population (Cuthand 2000). This is a shocking number, and a complete un-proportionate representation of this group in