The Issue Of The Canadian Legal System Essay

The issue of violence against Aboriginal women is my chosen subtopic that strongly contributes to the history of Aboriginal women’s struggle for rights and identity in Canada. To search relevant newspaper articles for this topic, the databases that were used were Lexis-Nexis Academic Universe, as well as Canadian Newsstand Major Dailies. The reason these two databases were chosen was because Canadian Newsstand offered articles from multiple newspapers in the country, therefore providing me with diverse news in different provinces other than Ontario. The article I obtained from Canadian Newsstand was Canada Called on to Stop Violence Against Aboriginal Women from the Leader Post newspaper in Saskatchewan. Lexis Nexus provided one article I

Over the past decades, Aboriginal people (the original people or indigenous occupants of a particular country), have been oppressed by the Canadian society and continue to live under racism resulting in gender/ class oppression. The history of Colonialism, and Capitalism has played a significant role in the construction and impact of how Aborignal people are treated and viewed presently in the Canadian society. The struggles, injustices, prejudice, and discrimination that have plagued Aboriginal peoples for more than three centuries are still grim realities today. The failures of Canada's racist policies toward Aboriginal peoples are reflected in the high levels of unemployment and poor education.

Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)

Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).

Throughout history, women have been the victims of oppression in society. In specific, Aboriginal women have suffered through racism, sexism, domestic violence, and over-representation. Through the implementation of the Indian Act, Aboriginal women have been forced to abandon their culture in order to assimilate into Canadian society. The effects of colonization has changed the way Aboriginal women are treated; emotionally and physically, and therefore are the source of oppression today.

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.

In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).

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 this research paper, I will be explaining how western colonialism and racism destroyed the reputation of aboriginal peoples in Canada. The reason why I chose this topic because it shows the strong relationship to anthropology and after taking aboriginal studies 30, it also shows that I have a clear understanding about the history of aboriginal peoples in Canada, the struggles they have been through over the past decade and the challenges they still face today in modern day society. I’ll be addressing these issues in a couple of paragraphs on the discrimination and the inequalities of these “minorities” and how they had to assimilate into European culture, leaving their way of life behind them.

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

     The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government

Aboriginal peoples of Canada have suffered exponentially throughout the entirety of history and proceed to do so in modern society. Much of the continued suffrage of aboriginal peoples is as a result of the Sixties Scoop and the Residential School System, as well as the lack of resources available to them. This has wreaked extensive havoc on the mental health of Aboriginal peoples, and has left excessive amounts of stigma and racism attached to Aboriginal Peoples, explicitly seen in the cases of missing and murdered Indigenous women.

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

In April 1995 Pamela George, an Ojibway women, was brutally murdered in Saskatchewan. Her murderers Steven Kummerfield and Alex Ternowetsky, young middle-class white men, were convicted of manslaughter and sentenced to merely six and a half years in prison. George’s story is one of the many Indigenous women who have been murdered or missing over the past years. There are over 580 cases of missing and murdered Indigenous women, close to half are put aside and left unsolved. Only 53% of these cases have lead to charges of homicide (Klement 8). Drastically, statistics indicate that Aboriginals are faced with more hardships throughout their life compared to the average Canadian. Indigenous groups, particularly women, suffer from a lower rate of education, higher suicide rates and an array of health risks. This paper will examine the role settler colonization history has played in perpetuating conditions for violence to indigenous women, many of which are still experienced today. This will be accomplished by first assessing the history of settler colonization and its negative repercussions. Secondly, it will use Sherene Razak’s concept of “spatial segregation,” to illustrate how state institutions have facilitated violence through space, race and the law. Lastly, this paper will use evidence from the film “Finding Dawn” to further demonstrate how violence towards indigenous women is institutionally produced.

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