aboriginal over representation in the canadian criminal justice system essay

The criminal justice system has made strides forward. There is, however, no shortage of research and literature that attempts to explain the over-representation of Aboriginal offenders in penal institutions. These two specific incidents are seen by many as troubling examples of the manner in which the Canadian justice system is failing aboriginal people. 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 … Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Nor does either piece of research make any claims in relation to Aboriginal adult imprisonment. This paper aims to explore the role of structural inequality in societal institutions like the justice system, education and employment. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. However one understands discrimination, it is clear that aboriginal people have been subject to it. (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. In this paper, I will examine what Indigenous incarceration looks like in Canada and the negative impacts state control over 1. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). Here you can order a professional work. The dominant group must to understand that, is not good to force someone to change their cultural. The following day the police department exonerated the officer involved. 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 When controlling for various risk factors, Indig… 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. He was, This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. 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. The Canadian justice system has failed the Canadian people. Chris Cunneen is Associate Professor in Criminology and Director of the Institute of Criminology, Sydney University Law School. Retrieved from-racism-problem-is-at-its-worst/ Mignone, J., & O'Neil, J. This crisis is especially profound in the youth context. 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. 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. Is justice not intended for everyone? We examine in greater detail the discussion of why family violence is so prevalent later in this section. Free Samples and Examples of Essays, Homeworks and any Papers, Filed Under: Essays Tagged With: canadian, justice system, legal system. 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. 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). (Find a price that suits your requirements), * Save 10% on First Order, discount promo code "096K2". Running head: OVER-REPRESENTATION OF ABORIGINALS IN JUSTICE SYSTEM 17 McConnell, N. (2015). Section 15. 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. The result of this denial has been injustice of the most profound kind. Punishing Women: The Promise and Perils of Contextualized Sentencing for Aboriginal Women in Canada. Social Capital and Youth Suicide Risk Factors in First Nations Communities.Canadian Journal of Public Health/Revue Canadienne de Sante'e Publique, … 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. 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. Introduction In 2016-17, Aboriginal youth were 14 times more likely than non-Aboriginal youth to be under justice supervision in Victoria. However, the true extent of this over-representation differs between individual areas. 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. There can be no question that the poor are vastly over-represented in the criminal justice system. Footnote 1 It examines the extent of overrepresentation, its underlying causes, and some initiatives taken to address the issue. 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. It also encompasses associated court procedures up to the point of sentencing. 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. The legacies of racism and colonial injustice permeate Canadian institutions that perpetuate the disproportionate representation of Indigenous peoples in prison. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. 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. 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. This literature review addresses the overrepresentation of Indigenous people in the Canadian criminal justice system. 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. There is no gen… ... 'Self-government and the inalienability of aboriginal title.' 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. Unless our Charter has no basis in law, out justice is seriously flawed. The Canadian justice system has failed the Canadian people. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our 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. 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. Due to the criminal code of Canada 718.2(e) Law enforcement faces ethical dilemma in many cases. There are three Canadian courts for Aboriginal people only3. 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. The over-representation of Aboriginals in jail is within relation to their social status. The Criminal Code considers the over-representation of Aboriginal people in the Canadian criminal justice system. 2002. Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. 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. Disclaimer: This work has been submitted by a student. 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. over-representation of Aboriginal people in the criminal justice system (The Law Reform Commission of Western Australia, 2006, p. 192). 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). 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” Poverty and powerlessness have been the Canadian legacy to a people who once governed their own affairs in self- sufficiency. 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. In 1963, the Supreme Court ruled in Gideon v. Wainwright that every criminal defendant has a right to have an attorney. 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. Supporters of the Canadian justice system might argue that Canada has the best legal system in the world. The Court acknowledges that the Canadian criminal justice system has “failed the Aboriginal peoples of Canada” (para 57), a recognition of both the culturally inappropriate nature and the systemic discrimination of the criminal justice system. The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with Toronto: Emond Montgomery Publications. Many people wonder whether there is a difference between law and justice: the foregoing play different roles in the legal system albeit having a few similarities. 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. Domination of the Aboriginal People In any Canadian history class we ... there was the alteration of river systems by impoundment and diversion Treaty 3. 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. They clearly have been victims of the openly hostile bigot and they have also been victims of discrimination that is unintended, but is rooted in police and law. This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. 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). However Non Aboriginal people believe that, this criminal code of Canada 718.2(e) play discrimination in criminal justice of Canada. Established in October 2001, the Saskatchewan Cree Court is the first Cree-speaking provincial court in … have with the criminal justice system, in many ways over- and under-policing, although more difficult to demonstrate statistically, are equally serious. This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. Over-policing refers to the practice of police targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods. He co-edited Faces of Hate: Essays on the … Offenders were made to accept responsibility for their deviant actions. 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. There are a few theories that attempt to explain the high prevalence of family violence in Aboriginal communities (ANAC & RCMP, 2001). Canadian Journal of Criminology 44(2):181-208. 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. It argues that one of the most important factors is a decline in interdependency among people in aboriginal communities. Societies regard the law as a tool that they use to get justice. 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. This is such ... ... justice system. A report into the Aboriginal deaths in custody indicates that a bias in the Australian criminal justice system is also to blame for the high number of Aboriginal prisoners. Racism In Australia Essay. Topic: Be it resolved that the Canadian justice system be significantly changed. over-representation of Aboriginal youth in the juvenile justice system can be solely or even primarily explained by adverse discretionary decision-making. Over the past five years, the rate of Aboriginal youth (aged 10-17 years) under justice supervision decreased by 13.1 per cent (from 170.2 to 147.9 per 10,000) compared with a 34.8 per cent decrease among non-Aboriginal youth (from 16.2 to 10.6 per 10,000). 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. 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. The first of these was the November 1987 trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba. 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. If one looks at the media, one would see a rise in crime. Over Representation Of Aboriginal And The Canadian Criminal Justice System Essay 1965 Words Dec 13, 2016 8 Pages 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. Monchalin (2016), defines risk factors as influences which increase the probability of being exposed to victimization or crime. 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. 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. 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%. The Criminal Code and the Youth Criminal Justice Act both consider the unique, or special, legal status of Aboriginal people in Canada.. 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. There is also a pattern we see across different indigenous groups around different countries who are also facing similar problems because of their 'native’ status, such as Maori from New Zealand, Aboriginals from Canada and Indians from the USA, just to name a few. McGill Law Journal 47 (n. d. ). The criminal justice system has made strides forward. In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. The poor are given substandard representation in courts due to lack of funds and a broken criminal justice system. 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. 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. for the Indigenous population in Canada to address Aboriginal over-representation in the criminal justice system. The Canadian government has mishandled the care of these people leading to the catastrophic over-representation of Aboriginal People in our justice systems. The basic foundation of knowledge I held, victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The present study examined sentencing decisions of open or closed custody and … There is virtually no literature or research that explains the high rate of Aboriginal victimization on a general level. 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. "Aboriginal Over-Representation in the Criminal Justice System: A Tale of Nine Cities." 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. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. ), Women and the Criminal Justice System: A Canadian Perspective (pp.257-287). 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 police ... that people’s attitudes toward Simpson and the trial were consistent throughout and many people’s ... is to circumvent the system and snub law enforcement to gain an ... ... Canadian justice system (Brizinski, 1993, 395) it has over and over again been stated that the present justice system has and is failing Aboriginal people. 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. However, society has not treated them as equal members of society since the first explorers settled. 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 not merely that the justice system has failed aboriginal people; justice has also been denied to them. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). Aboriginal Women and the Criminal Justice System. How do they explain away the injustices in the aboriginal communities? This has come about as the result of historical processes (such as colonisation and the creation of the reserve system) which have … 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 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. Aboriginal Youth Essay. In J. Barker (Ed. 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. 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. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. ... All Papers Are For Research And Reference Purposes Only. In jails, they undergo miserable lives and quite a number of them end up dying there. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Welcome to Winnipeg, where Canada's racism problem is at its worst. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… 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. La Prairie, Carol. 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. Rupert Ross first focuses on the idea of relational living in his novel. Canada's justice system is failing Aboriginal youth and their communities, Feathers of Hope report concludes News provided by. 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.). The philosophy behind the practice is the community, victim, and offender coming together as one was needed to restore order and all move forward in a positive manner. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? 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. 32 Indigenous people in Canada have a higher unemployment rate, and lower levels of educational attainment than non-Indigenous people. One theory of over-representation is the presence of systemic discrimination in judicial decision making. 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. Here you can order a professional work. Introduction ... young teenagers breaking the law and committing particularly heinous crimes is a fairly new problem that concerns many people. In our society's criminal justice system, justice equals punishment. 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. 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