by Warren Miller 09 September 2019. Section 15. The over representation of Aboriginal people within the Canadian Criminal Justice system is a clear indication of how the justice system has failed aboriginal people in Canada. The Criminal Code and the Youth Criminal Justice Act both consider the unique, or special, legal status of Aboriginal people in Canada.. He co-edited Faces of Hate: Essays on the … In response to the over-representation of Aboriginal people in the criminaljustice system, section 718.2(e) of the Canadian Criminal Code mandates consideration of background and systemic factors affecting Aboriginal offenders and culturally appropriate, community-based sanctions grounded in A boriginal justice raditions. Offenders were made to accept responsibility for their deviant actions. It is apparent, from the podcast that there is a poor relationship between stakeholders in the law enforcement sector and the Aboriginal community. How do they explain away the injustices in the aboriginal communities? The Canadian government has mishandled the care of these people leading to the catastrophic over-representation of Aboriginal People in our justice systems. Everyday Aboriginal youth face many problems including an over representation in Canada’s criminal justice system, poverty …show more content… Underlying Issues Among Aboriginal Youth Although Johnson discusses several subjects in his book, it is worth discussing one of … The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with The history of these, Reflective Essay : My Schedule For The Fall Semester Essay, Homelessness Is A Major Social Crisis Essay, The Ongoing Struggle Of Integrating Schools Essay, Evolution Of Cheerleading Into Modern Day Cheer Essay, Leadership Qualities Of A Good Leader Essay, Nurse Staffing And Patient Outcomes Essay, General Chemistry - Standalone book (MindTap Course List), Managerial Accounting: The Cornerstone of Business Decision-Making, Finite Mathematics and Applied Calculus (MindTap Course List), Contemporary Mathematics for Business & Consumers, Probability and Statistics for Engineering and the Sciences. 3.20Figure 3.3 below shows that the imprisonment rate for Aboriginal and Torres Strait Islander people has increased 41% over 10 years, from 1,438 per 100,000 in 2006 to 2,039 per 100,000 persons in 2016. Some authors have argued that the primary cause of over-representation is widespread criminality among Indigenous peoples, rather than what is sometimes termed 'systemic bias' in the criminal justice system. Aboriginals in society face, "cultural oppression, social inequality, the loss of self-government and systemic discrimination," ("Aboriginal Over-Representation"). This has come about as the result of historical processes (such as colonisation and the creation of the reserve system) which have … This can be attributed to social and cultural anomie in which the society in general fails to provide the required support to the Aboriginal people so as to fully integrate them in the wider society. Over-policing refers to the practice of police targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods. Abstract. The first of these was the November 1987 trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba. There are three Canadian courts for Aboriginal people only3. Due to the criminal code of Canada 718.2(e) Law enforcement faces ethical dilemma in many cases. This is not an example of the work written by professional academic writers. Many of the major justice inquires concerning the impact of the criminal justice system on Aboriginal peoples arose out of individual accounts of Aboriginal victimization fuelled by racist attitudes by non-Aboriginal people (for examples, the Manitoba Justice Inquiry of 1990 and the Osnaburgh/Windigo Justice Inquiry of 1990). We believe that Aboriginal over-representation also arises because the current justice system, in many ways, is culturally inappropriate and discriminatory in its treatment of Aboriginal people. 2002. The over-representation of Aboriginals in jail is within relation to their social status. More specifically, Ross looks at the meaning of living relationally, the circular vison culture, the impacts of colonialism of the western world on First Nations people, as well as how to bring awareness to non-native people of the tragedies that Aboriginals have and are still going through. Aboriginal Women and the Criminal Justice System. Indigenous overrepresentation exists throughout the justice system. Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, The Injustice Of Indigenous Offenders Essay, The Injustice of Indigenous Offenders In 2006 the estimates indicated that the rates of incarceration were 1,024 per 100,000 Aboriginal people compared to 117 per 100,000 non-Aboriginal persons (Correctional Service Canada, 2014). We examine in greater detail the discussion of why family violence is so prevalent later in this section. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Additionally, they are over – represented in the country’s criminal system. However, the true extent of this over-representation differs between individual areas. It also encompasses associated court procedures up to the point of sentencing. Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. 2015 In 2006, Statistics Canada found that 21% of people sentenced to custody and 18.5% in federal institutions were in fact of aboriginal descent (King & Winterdyk, 2010, p. 63). (1) of the Canadian Charter of Rights and Freedoms clearly states: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination…”. and everyday necessities in Indigenous communities seem concealed and compromised in the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. However one understands discrimination, it is clear that aboriginal people have been subject to it. Minority groups in this flawed system have a dim future at best. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Domination of the Aboriginal People In any Canadian history class we ... there was the alteration of river systems by impoundment and diversion Treaty 3. On the other hand, justice is the ultimate target that societies have endeavored, I entered law school secure in my foundation of knowledge on access to justice barriers inherent within the Canadian criminal justice system. over-representation of Aboriginal people in the criminal justice system (The Law Reform Commission of Western Australia, 2006, p. 192). Opinion Essay: Over-representation of Aboriginals as Offenders Amy Brown ID #201591413 Diversity and the Justice System – CRJS 1013-001 Professor Aulakh Harpreet Tuesday, February 3. 1. This is such ... ... justice system. In 1963, the Supreme Court ruled in Gideon v. Wainwright that every criminal defendant has a right to have an attorney. In jails, they undergo miserable lives and quite a number of them end up dying there. The impact of socio-economic marginalization on the overrepresentation of Indigenous people in the Canadian criminal justice system has been identified as significant within the literature. The poor are appointed an attorney normally known as a public defender to defend them. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. Poverty and powerlessness have been the Canadian legacy to a people who once governed their own affairs in self- sufficiency. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. He has published widely on Aboriginal people and the criminal justice system, and is the co-author of Indigenous People and the Law in Australia (1995) and Juvenile Justice: An Australian Perspective (1995). Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. (Find a price that suits your requirements), * Save 10% on First Order, discount promo code "096K2". 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.). Here you can order a professional work. The over representation of Aboriginal people within the Canadian Criminal Justice system is a clear indication of how the justice system has failed aboriginal people in Canada. Rupert Ross first focuses on the idea of relational living in his novel. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). Unless our Charter has no basis in law, out justice is seriously flawed. It is difficult not to concur with Ovide Mercredi’s assertion that the root causes of Aboriginal over-representation in the criminal justice system can be found in the poverty and marginalization of Aboriginal people. for the Indigenous population in Canada to address Aboriginal over-representation in the criminal justice system. For the purpose of this paper, Indigenous peoples of Australia will be inclusive of Aboriginal and Torres Strait Islander population, as the minorities and indigenous groups who we see over and over again being imprisoned. While the trial established that four men were present when the young aboriginal woman was killed, only one of them was ultimately convicted of any crime. Established in October 2001, the Saskatchewan Cree Court is the first Cree-speaking provincial court in … Increasing Aboriginal over-representation in Victoria’s criminal justice institutions has the potential, in the absence of more appropriate responses, to further perpetuate social and economic exclusion, and compound losses of culture, family and purpose, for a growing number of Aboriginal people. The Canadian justice system has failed the Canadian people. Aboriginal People In The Criminal Justice System. The justice system in Canada recognizes Aboriginal 's differently then non-aboriginals, it does not take into account Aboriginal 's cultural values and experiences that they have faced in previous years. This paper aims to explore the role of structural inequality in societal institutions like the justice system, education and employment. Aboriginal Youth, the Criminal Justice System, and the Evolution into a Better Canada In a country where our education, laws, and overall societal structures are based on a colonial perspective, Harold Johnson offers an Aboriginal outlook on how First Nations people have lived and struggled under a colonialist Canada. 32 Indigenous people in Canada have a higher unemployment rate, and lower levels of educational attainment than non-Indigenous people. The Criminal Code considers the over-representation of Aboriginal people in the Canadian criminal justice system. Indigenous people had a distinct way of approaching justice within their societies, their practice of restorative ways centered on a community approach. To narrow this down this research, the essay will focus mainly on the overrepresentation of ethnic minorities in the sentencing stages of the Criminal Justice System, even though it is recognised that those of Asian background are only slightly overrepresented in the prison population in comparison to those of black background. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. Retrieved from-racism-problem-is-at-its-worst/ Mignone, J., & O'Neil, J. The Canadian Constitution recognizes three groups of Aboriginal people Indians, Métis and Inuit. This crisis is especially profound in the youth context. While my deeply held opinions were rooted in dismantling access to justice barriers and were “common sense” truths, they were predictable, simplistic, and misinformed, given the vast body of academic work available. Among the many factors that contribute to the overrepresentation of Aboriginals within the Criminal Justice System, such as the legacy of colonialism and low socio-economic capital, the entrenched systematic discrimination in the CJS will be examined. This recognition equally applies to Aboriginal over-representation in criminal justice. The need for government to work more closely with Aboriginal People to break the cycle of crime is crucial if society wants to see change. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Colonialism and resulting social and economic marginalization are key issues pertaining to the indigenous people over representation in Australian prisons. The Canadian criminal justice system has failed the Aboriginal peoples of Canada—First Nations, Inuit and Metis people, on-reserve and off-, urban and rural—in all territorial and governmental jurisdictions. Canadian Journal of Criminology 44(2):181-208. Aboriginal rights and right of self government include having control over the administration of justice for their own people. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Williams, T. (2007). 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… Indigenous or Aboriginal they both formally apply to the same groups of people which is defined as “Descendants of the original inhabitants of North America. There is no gen… Racism In Australia Essay. Societies regard the law as a tool that they use to get justice. Most Aboriginal offenders enter the criminal justice However Non Aboriginal people believe that, this criminal code of Canada 718.2(e) play discrimination in criminal justice of Canada. This crisis is especially profound in the youth context. the NSW criminal justice system, making up 24 per cent of its adult prisoners, and 52 per cent of juvenile detainees, despite being just 2.9 per cent of the state’s population. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. In 2016-17, Aboriginal youth were 14 times more likely than non-Aboriginal youth to be under justice supervision in Victoria. This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. Two specific incidents in late 1987 and early 1988 clearly illustrate this unacceptable discrimination. There can be no question that the poor are vastly over-represented in the criminal justice system. The present study examined sentencing decisions of open or closed custody and … Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Footnote 1 It examines the extent of overrepresentation, its underlying causes, and some initiatives taken to address the issue. The criminal justice system has made strides forward. The over-representation of Aboriginal people in the Criminal Justice System (CJS) is a considerable problem that has been present in Canada for many years and is extreme with Aboriginal youth populations. 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. This paper is an analysis of world views of indigenous people and how they, 2016 reported by Mitchell (2016) emphasised yet again the complex relationship between Indigenous Australian young people [IAYP] and structural inequality leading to disadvantage on every social scale compared to non-Indigenous population. ), Women and the Criminal Justice System: A Canadian Perspective (pp.257-287). In this paper, I will examine what Indigenous incarceration looks like in Canada and the negative impacts state control over Indigenous females had an overall rate of violent victimization that was double that of Indigenous males and close to triple that of non-Indigenous females. This essay will critically discuss the key issues identified by criminologists on huge incarceration rate for indigenous people, which includes, “THIS IS A COURT OF LAW, NOT A COURT OF JUSTICE” Introduction La Prairie’s main argument in this paper is that large Canadian cities affect the problem of over-representation in the criminal justice system. In our society's criminal justice system, justice equals punishment. It has failed the aboriginal people of this nation on a massive scale. There is, however, no shortage of research and literature that attempts to explain the over-representation of Aboriginal offenders in penal institutions. With that understanding, I freely commented on LGBTQ+ community, First Nations issues, class, and race. It is not merely that the justice system has failed aboriginal people; justice has also been denied to them. The plethora of Aboriginal individuals who populate the penitentiaries and jails in Canada shows that there must be changes made within the Canadian Justice system. It is a common assumption that law and justice are the same things and that the law’s sole purpose is the advancement of justice. Whilst today’s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently, In Rupert Ross’s novel, entitled, “Indigenous Healing: Exploring Traditional Paths”, he explores the indigenous point of view. For non-Indigenous people, the imprisonment rate has increased by 24%, from 131 to 163 per 100,000 over the same period. Risk, on retribution. On March 9, 1988, J.J. Harper, Executive Director of the Island Lake Tribal Council, died following an encounter with a City of Winnipeg police officer. According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. How do Aboriginal Justice Strategy Programs such as Healing Lodges address the Social Problem of Over-representation of Young Aboriginal Offenders in Canada’s Criminal Justice System? There is virtually no literature or research that explains the high rate of Aboriginal victimization on a general level. The poor are given substandard representation in courts due to lack of funds and a broken criminal justice system. Aboriginal Youth Essay. He was, This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. The Supreme Court of Canada noted the following in R. v. 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