Theoretical Approaches And The Sociology Of Law

The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this

​In conclusion, this article is an eye-opening one that does not necessarily paint Canada’s justice system in a great light. Razack shows through the use of examples how Aboriginal people are treated differently and perceived to be lower than whites on the hierarchy of society, and how this lead to the lack of justice in the murder of Pamela George. It is disheartening to think that simply because she was an Aboriginal and a prostitute that her life is considered less important than those of her (white) murderers, but this is the light that Razack brings to the argument, and she does so

The first reason that shows that Canada has become a “just society” is the changes to women’s legal rights. Since the 1970s, many women have stepped up to the work of politics. Several instances include Kim Campbell, the first woman to become the prime minister of Canada,1 Kathleen Wynne, the first premier of Canada to be lesbian,2 Beverley McLachlin, the “first female chief of justice of the Supreme Court of Canada,”3 and Catherine Callbeck, the second female provincial premiere and first woman to win

For the past forty years, women have been reported murdered or missing along the highway 16 corridor in Northern British Columbia. The 724- kilometer stretch of road from Prince George to Prince Rupert was given the name “the highway of tears”. In the documentary Highway of Tears by Matt Smiley, the focus of the documentary was to set out and find the root cause of the disappearances and murders and to shed light on the real issue of violence against women and systematic racism in the justice system. The documentary looks at true stories of women who have gone missing or have been murdered along the highway of tears. The documentary focuses on how the highway of tears is the core of a much larger problem of how the indigenous population has been treated since colonialism. (Smiley, 2015) This essay will focus on summarizing the documentary, showing the correlation between the injustice the women and their families have faced and the mainstream and critical theories of victimization, and provide a critical reflection.

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,

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.

Racial inequality inside of Canadian prisons is shocking and sometimes unbelievable when taken into account the percentage a minority group takes up in Canada’s overall population versus behind bars. The injustices against Canada’s First Nations people are unfortunately not just historic, as their mistreatment is still evident today. Despite representing only 3% of the population, First Nations account for about 25% of the prison population in provincial/territorial facilities. More specifically, 31% of the female population, and 22% of the male population were First Nations in 2015. More than one in five admissions to men’s prisons are of Aboriginal descent, and one in three in women’s prisons. Although it can be said that more and more attention has been drawn to this issue by citizens and politicians alike recently, First Nations people continue to suffer from poverty, injustice, and a lack of opportunities compared to the average Canadian citizen. About one in four native children live in poverty, leading to criminal activity, and eventually

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

In common law, judges interpret the law and judge apply it based on precedent from previous cases; compared to civil law which focuses on written legislature. In Canada, judges are given the chance to be activists. If a judge believes a citizen’s rights, under the Canadian Charter of Rights and Freedoms, are being violated, they are given the power to rule against the unconstitutional law made by the elected branches of government; this concept is referred to as judicial activism (Hausegger, Hennigar, & Riddell, 2015, p. 123). Judicial activism ensures the individual rights of each person are upheld, but the concept is controversial. Judicial activism is problematic because it awards an authoritarian level of power to unelected judges, which goes against Canada’s democratic ideology where elected officials decide and vote on the laws (Cameron, 2009, p. 27). I argue that judicial activism should not be a part of Canada’s judicial process because it gives too much power to the courts and disrupts the democratic process of

In the eyes of a Canadian, the notion of human rights has evolved drastically over time. Change is ignited when someone feels as though they are being treated unfairly and action is taken to reverse this oppressive environment. There has been a historical pattern of unjust and inhuman acts towards perceived racially inferior groups in Canadian history during the 20th century. The uprising of Black Civil Rights was a crucial step towards an equal and just society; despite Canada’s influence in the fight against the Nazis’ repressive actions in WW2, the fight for racial

The novel “Three Day Road” intertwines the story of a young soldier during the First World War and the experiences of his aunt growing up in pre-20th century Canada. Though at face-value this seems to have little relation to the study of the Criminal Justice system, the two narratives tackle important issues. With the soldier’s experiences, the reader contemplates the place of law and justice on the battlefields and the effect of these actions once the war is over. As we learn about the life of the soldier’s aunt, we are made aware of the wrongs done to Native American people in Canada’s history and how this is still having repercussions. By reading “Three Day Road,” people involved in the justice

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

Kimberlé Crenshaw is an esteemed civil rights advocate and law professor. Crenshaw introduced the concept of “intersectionality” to the acclaimed feminist theory close to 30 years ago in a paper written for the University of Chicago Legal Forum, describing the “intersectional experience” as something “greater than the sum of racism and sexism. (Crenshaw)” She wrote in terms of intersectional feminism, which examines the overlapping systems of oppression and discrimination that women face, based not just on gender but on ethnicity, sexuality, economic background and a number of other axes. She speaks on it in a sense that the term intersectionality provides us with a way to see issue that arise from discrimination or disempowerment often being more complicated for people who are subjected to multiple forms of exclusion because of the protected clauses they may possess. Crenshaw speaks on the “urgency of intersectionality” in her Ted talk. This as well as her spreading awareness for the #SayHerName campaign drives a tie between the necessity for intersectionality advocaism and the the occurrences of neglect and violence present in societal happenings today. The question that stands in the forefront of her work is how can we effectively apply an intersectional methodology to analysis of violence and other acts against people who are often being neglected of any sort of recognition in social issues today? Intersectionality is one of the better known concepts within the

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the