Over Representation Of Aboriginal And The Canadian Criminal Justice System Essay

Canada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.

“Where are they taking me, mom?! Help!” These were the screams of an Aboriginal child when he was dragged to a car that drove him away from his family. Aboriginal kids were forcefully abducted and placed at poorly built and equipped residential schools. Residential schools are a network of boarding schools for Indigenous peoples. Like a disease, these schools spread so fast on Canadian land. They were every Indigenous child’s nightmare. Kids who attended were traumatized due to the mental, physical, and sexual abuse they suffered. Canadians felt superior to Aboriginals which lead them to use their power excessively to civilize these communities. This issue is considered to be one of the darkest chapters in Canadian history. It has a significant impact on Aboriginal communities. Indians suffered a loss of culture and identity. This issue violates various human rights such as; Freedom of language, freedom of culture and religion, freedom of choice, and the freedom of safety and health. The two groups in this controversy are the aggressors; Canadian government, and it’s churches, and the victims; the aboriginals. The question is, is the Canadian government doing enough to make it up to those who suffered the ill effects of residential schools?

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.

The sociological effects that Aboriginal peoples in Canada face are vast. Residential schools, stripped people of their identity, enforced a cultural genocide, abused (both sexually and physically) children and created an unjust line of intergenerational trauma. Kinship ties, for the majority were lost during the residential school period, sometimes leaving entire communities displaced. The Canadian Government fails to recognize the treatment of Aboriginal peoples during the residential school period and there hasn’t been much done to help those who are affected.

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

Nancy Macdonald (2016), an editor who works for the Maclean’s, writes an article on the way Indigenous and non-Indigenous citizens are treated by the law and police force. At least 36 per cent of the women and 25 per cent of men, who are Indigenous, were already sentenced to provincial and territorial custody in Canada. Nancy explains, from these scores, these statistics make up at least 4 per cent of the national population. She also explains, if you add in the federal prisons, the statistics will now account for 22.8 per cent Indigenous inmates of the total incarcerated population.

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

Residential schools in Canada were present for over 100 years and were created by the government to eliminate the Indigenous culture. These schools successfully separated families while creating huge cultural barriers between children and their Native culture (COHA, 2011). These children were forcibly removed from their families and taken to residential schools because Canadians saw Indigenous peoples as “backwards” or “savage” (COHA, 2011). They also believed that they were inferior to Natives and that these schools would help “civilize” aboriginals by replacing their Native traits with Western values (COHA, 2011).

Question: Why does the RCMP relationship with Aboriginal peoples continue to decline? Are there any historical ties that have developed this relationship? Is it possible to have a mutual relationship where Aboriginal people and the RCMP can cooperate and work with one another?

Idle No More: A Critical Exploration of the Six Demands of Idle No More And the Importance of Meaningful Action by the Federal Government

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

Native Americans in the United States have reported to come from many different tribes. American Indians are likely to experience violent crimes at more than twice the rate of all other U.S. residents. The rate of violent crimes committed against Native Americans is substantially higher than any other minority group in the United States. Yet, little or no attention is paid to them. According to information collected by the Bureau of Justice Statistics (BJS), American Indians are likely to experience violent crimes at more than twice the rate of all other U.S. residents.

This essay endeavors to explain what risk factors are and discuss four key risk factors that may assist in explaining the over-representation of Indigenous people in the criminal justice system. These include family violence, alcohol and drug abuse as well as employment and

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

There are various aboriginal tribes in Canada such as; First Nation, Inuit, and Metis. I live near several large tribes, and attended a public high school that had a ratio of 47% aboriginal students. Their culture is very unique and has been honored with the privilege of getting to partake in many of their cultural traditions. It is greatly encouraged the expression of their culture within my community, as well as throughout Canada as both the Indigenous and Northern Affairs Canada, collaborates with the Aboriginal people to support celebration, raise awareness of, and preserve the beautiful arts, culture and heritage. On top of encouraging their traditions, their social-economic, health, political aspects, education and community are also being benefited. Unfortunately, the aboriginals do not strive as well in employment and education compared to Non-aboriginals. Aboriginals are less likely to be employed and statistics found in 2006, show that the employment rate for Aboriginal people of