It explores the impact of discrimination on the lives of Aboriginal men, women and youth and studies the steps that Aboriginal communities are taking to reclaim their justice practices and stop the continued over-representation of their citizens in the Canadian criminal justice system. The over-representation of Aboriginals in jail is within relation to their social status. "Aboriginal Over-Representation in the Criminal Justice System: A Tale of Nine Cities." One theory of over-representation is the presence of systemic discrimination in judicial decision making. Section 15. 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. Indigenous Australians are grossly over-represented in the criminal justice system. over-representation of Aboriginal youth in the juvenile justice system can be solely or even primarily explained by adverse discretionary decision-making. The present study examined sentencing decisions of open or closed custody and … This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). Canadian Journal of Criminology 44(2):181-208. How do they explain away the injustices in the aboriginal communities? INDIGENOUS OVERREPRESENTATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM The increasing status of Indigenous overrepresentation is a clear indication of the failures of the Canadian Criminal Justice System. For more than a century the rights of aboriginal people have been ignored and eroded. There is, however, no shortage of research and literature that attempts to explain the over-representation of Aboriginal offenders in penal institutions. 32 Indigenous people in Canada have a higher unemployment rate, and lower levels of educational attainment than non-Indigenous people. 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. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. 2002. Supporters of the Canadian justice system might argue that Canada has the best legal system in the world. It also encompasses associated court procedures up to the point of sentencing. Following the trial, allegations were made that the identity of the four individuals who has been present at the killing was widely known in the local community. This is not an example of the work written by professional academic writers. In this paper, I will examine what Indigenous incarceration looks like in Canada and the negative impacts state control over Societies regard the law as a tool that they use to get justice. You do the crime, and you do the time. Retrieved from-racism-problem-is-at-its-worst/ Mignone, J., & O'Neil, J. In J. Barker (Ed. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. Here you can order a professional work. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? When controlling for various risk factors, Indig… Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. With that understanding, I freely commented on LGBTQ+ community, First Nations issues, class, and race. However Non Aboriginal people believe that, this criminal code of Canada 718.2(e) play discrimination in criminal justice of Canada. Canada's justice system is failing Aboriginal youth and their communities, Feathers of Hope report concludes News provided by. The Victorian Aboriginal Affairs Framework explicitly recognises that the contemporary social and economic circumstances of Aboriginal people are inextricably linked to ongoing and previous generations’ experiences of European colonisation. It should be noted, though, that the relevant literature does not identify inappropriate police discretion as the single or even the most significant cause of over-representation in the criminal justice system. Essay on Relationship between the Aboriginals and the Criminal Justice System. 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. Aboriginal Youth Essay. The Canadian justice system has failed the Canadian people. 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. Minority groups in this flawed system have a dim future at best. 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). 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. 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. Colonialism and resulting social and economic marginalization are key issues pertaining to the indigenous people over representation in Australian prisons. The rate of violent victimization among Indigenous people was more than double that of non-Indigenous people (163 incidents per 1,000 people vs. 74). Punishing Women: The Promise and Perils of Contextualized Sentencing for Aboriginal Women in Canada. 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? Monchalin (2016), defines risk factors as influences which increase the probability of being exposed to victimization or crime. 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. 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. Risk, on retribution. 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. Aboriginal Women and the Criminal Justice System. Indigenous overrepresentation exists throughout the justice system. It has become increasingly clear to Aboriginal people that the Canadian criminal justice system is not addressing their needs at a satisfactory pace, including their demands for more control and authority in resolving criminal disputes within their communities. Racism In Australia Essay. Social Capital and Youth Suicide Risk Factors in First Nations Communities.Canadian Journal of Public Health/Revue Canadienne de Sante'e Publique, … Two specific incidents in late 1987 and early 1988 clearly illustrate this unacceptable discrimination. McGill Law Journal 47 (n. d. ). 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. It has failed the aboriginal people of this nation on a massive scale. While the aboriginal people comprise 11.8 percent of Manitoba’s population, they represent 50 percent of the province’s prison population. Welcome to Winnipeg, where Canada's racism problem is at its worst. Indigenous peoples are vastly over-represented in the Canadian criminal justice system. Both social and systemic issues contribute to this, including aspects of the justice system. 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 people had a distinct way of approaching justice within their societies, their practice of restorative ways centered on a community approach. 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. Over-policing refers to the practice of police targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods. The Canadian government has mishandled the care of these people leading to the catastrophic over-representation of Aboriginal People in our justice systems. There are a few theories that attempt to explain the high prevalence of family violence in Aboriginal communities (ANAC & RCMP, 2001). 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. Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. Nor does either piece of research make any claims in relation to Aboriginal adult imprisonment. 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. Established in October 2001, the Saskatchewan Cree Court is the first Cree-speaking provincial court in … Most Aboriginal offenders enter the criminal justice 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. However one understands discrimination, it is clear that aboriginal people have been subject to it. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Additionally, they are over – represented in the country’s criminal system. Running head: OVER-REPRESENTATION OF ABORIGINALS IN JUSTICE SYSTEM 17 McConnell, N. (2015). There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. The Supreme Court of Canada noted the following in R. v. Gladue: Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned. The criminal justice system has made strides forward. 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. There are three Canadian courts for Aboriginal people only3. Unless we take every needed step to redress this problem, this lingering injustice will continue to bring tragedy and suffering to aboriginal people, and to blacken our country’s name throughout the world. 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. He co-edited Faces of Hate: Essays on the … 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). 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. The poor are appointed an attorney normally known as a public defender to defend them. We examine in greater detail the discussion of why family violence is so prevalent later in this section. 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. Our justice system must be revamped and revised so that it is more equitable, sensitive, and accessible.. ... to lack of funds and a broken criminal justice system. 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. 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. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. 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. 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. La Prairie’s main argument in this paper is that large Canadian cities affect the problem of over-representation in the criminal justice system. 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. 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. The rate at which the over-representation of Aboriginal persons in the correctional system over time is partly accounted for by the growing Canadian Aboriginal population: the general Aboriginal population in Canada has increased by 20.1% between 2001 and 2006, while the federally incarcerated Aboriginal population rose by 19.7%. ... All Papers Are For Research And Reference Purposes Only. Aboriginal over-representation in the criminal justice system: A tale of nine cities') Carol La Prairie(2) Ottawa, Ontario Dans ce texte, l'auteure examine ce que certaines grandes villes canadiennes semblent contribuer & la prdsence excessive des autochtones dans le systme dejustice p6nale. Here you can order a professional work. The Canadian Constitution recognizes three groups of Aboriginal people Indians, Métis and Inuit. The dominant group must to understand that, is not good to force someone to change their cultural. (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…”. The criminal justice system has made strides forward. A significant part of the problem is the inherent biases of those with decision-making authority in the justice system. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with 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. 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. It argues that one of the most important factors is a decline in interdependency among people in aboriginal communities. Aboriginal people who are arrested are more likely to be denied bail, spend less time with their lawyers, and if convicted, are more likely to be incarcerated. These two specific incidents are seen by many as troubling examples of the manner in which the Canadian justice system is failing aboriginal people. Due to the criminal code of Canada 718.2(e) Law enforcement faces ethical dilemma in many cases. Rupert Ross first focuses on the idea of relational living in his novel. Free Samples and Examples of Essays, Homeworks and any Papers, Filed Under: Essays Tagged With: canadian, justice system, legal system. There can be no question that the poor are vastly over-represented in the criminal justice system. 1. (Find a price that suits your requirements), * Save 10% on First Order, discount promo code "096K2". The following day the police department exonerated the officer involved. Abstract. Williams, T. (2007). Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. 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. (Find a price that suits your requirements), In Our Societys Criminal Justice System Justice Equals Punishment You, Aboriginal Self Government And The Canadian Justice System, The Continuant Domination Of The Aboriginal People. Aboriginal rights and right of self government include having control over the administration of justice for their own people. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… 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. The Canadian justice system has failed the Canadian people. This paper aims to explore the role of structural inequality in societal institutions like the justice system, education and employment. The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. (2005). Aboriginals in society face, "cultural oppression, social inequality, the loss of self-government and systemic discrimination," ("Aboriginal Over-Representation"). 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. This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. The poor are given substandard representation in courts due to lack of funds and a broken criminal justice system. In 1963, the Supreme Court ruled in Gideon v. Wainwright that every criminal defendant has a right to have an attorney. Aboriginal People In The Criminal Justice System. It is not merely that the justice system has failed aboriginal people; justice has also been denied to them. Have a dim future at best Canada 's criminal justice system: a Tale of Nine Cities. procedures... 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