The Canadian Criminal Justice System Is Often Represented

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.

A closer in depth analysis into Canada’s justice system will show that their acceptance of all cultures did not leak through to the confinements of its courts. Why it is that one race or class is more likely to be an inmate? From a racial standpoint,

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

Statistics show how black men are six times more likely to go to prison than white men. Just like the US, Canada, as Nancy explains, the Indigenous incarceration rate is 10 times higher than the non-Indigenous population, which unfortunately is high than South Africa at the height of apartheid. If you live in Saskatchewan, and you are Indigenous, you are 33 times more likely to be incarcerated. Due to this statistic and many more, this is the reason why prison guard is among he fastest-growing public sector occupations on the Prairie.

We are learning that when genuine 'Indigenous' Justice is hiding under the cloak of Western paradigms, we continue to see the rising population of Indigenous peoples--especially Indigenous women--in prisons. Our programs and rehabilitative initiatives remain under Western paradigms, even when painted with the brush of 'restorative' or 'indigenous'

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.

A wide-ranging number of concerns were raised relating to the way the justice system deals with violence against Aboriginal women and girls. This included concerns with the police system, the judicial system, and the correctional system.

Minister if you will turn your attention to the following chart, which shows a comparison of imprisonment rates between different countries. It is thoroughly disappointing to see that the Aboriginal’s represent Australia with such substantial numbers. Minister there are alarming numbers the gravity of this situation transfers to other areas. Furthermore Western Australia the Aboriginal imprisonment rates are at an astounding 3,741, in comparison to the Aboriginal people the rest of Australia at

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.

“These folks have been victimized twice. Once when their daughters, their sisters, their mothers have gone missing. And then, a second time when the justice system has utterly failed them in the pursuit of the justice they so rightly deserve. There can be no solution until we get to the truth in the heart of the matter, that this is a complex issue. The sources of this violence against Aboriginal women and girls is complex, but it… there’s no possibility of finding those solutions unless we actually have the truth on the table. And the resistance from this government time and time again, to have the courage and the leadership to approach this conversation and find that truth… is yet a third victimization of these families” (Pope C. & Smiley M., 2015)

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

Consider what Blagg (2008) and Cunneen (2007) have said about the relationship between Aboriginal communities and the police. What are the major sources of concern, in relation to Aboriginal over-representation in the criminal justice system and what efforts have been made to reduce this over-representation?

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).

Despite representing only 4.3% of Canada’s population, aboriginals represent 23.2% of federal prisons (Office of the Correctional Investigator, 2013). The reason behind this over representation is not the longer sentences, as the matter of fact aboriginals receives shorter sentences about a mean of 4.2 years compared to 5.2 years for non-aboriginals (Ogloff & Welsh, as cited LaPrairie 1996). The reason behind the over representation is the low parole rate for aboriginals which is 34% and 41% for non-aboriginals causing them to spend more time in jail than intended (Ogloff & Welsh, 2000). Also, aboriginals are 51 % more likely to have their parole revoked compared to 28% for non-aboriginals (Ogloff & Welsh, as cited LaPrairie 1996). The reason behind this low prole rate are: high recidivism rate, involvement to prison violence, classified as medium to high risk, high in need regarding employment, housing , family support, and community reintegration (Ogloff & Welsh,