...INTRODUCTION Canada’s Criminal Justice System (CJS) is no way perfect and often argued to criminalize certain groups within society. Specifically, Aboriginal women as offenders in corrections have faced many difficulties. They often are sentenced younger, more often and for longer sentences than non-Aboriginal offenders. The over incarceration, over representation and criminalization of Aboriginal women within the Correctional Service of Canada (CSC) is attributable to a legacy of colonialism and sexism which placed them at a vulnerable place within society. Canada’s public policy post WWII regarding, social welfare, education and the labour market, exhibit how colonialism and sexism have created unfavorable cultural and socio-economic conditions for Aboriginal women, which make them more susceptible to be victims/survivors of violence, poverty and behaviours or circumstances in conflict with the law. As a result of these conditions, Aboriginal women are more likely to meet deplorable conditions while in prison, and the laws do not seem to accommodate Aboriginal methods of rehabilitation, restitution and justice. In order to understand the plight of Aboriginal women within the CJS, the issue will be approached from a feminist perspective. Further, the evidence will be sourced from secondary sources, mainly text and government reports. First a landscape of Canada’s colonial past’s impact on Aboriginal women; starting post WWII will be advanced. This will demonstrate the links...
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...The criminal justice system consists of three main parts: 1) the police; 2) the courts; and 3) the corrections. In the criminal justice system, these three groups function together under the rule of law to maintain the law within society. Despite its important role, there is a sufficient amount of evidence that blacks and aboriginal people are over-represented in the criminal justice system. The logic behind this problem is that racial discrimination and profiling is present, or it is the result of the differential offending patterns of the minority. After researching, I believe that aboriginal and blacks are over-represented in the criminal justice system due to racial discrimination and profiling. My reasoning behind this is based on the collected data that supports the fact that racial discrimination and profiling is apparent in the criminal justice system. Racial discrimination and profiling is most associated with the police, and that is strictly because they are the first contact with the suspects, victims, citizens, and the offenders. I also believe that the causes of the problem and the potential solutions are the same for both aboriginal and black people. The only variable that might alter the causes of the problem, and the potential solutions is the location in which the aboriginal and blacks live in. This being said, racial discrimination and profiling are without doubt the primary attributes in the over-representation of aboriginals and blacks in the criminal justice...
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...U.S. Criminal Justice System Compared To Canada U.S. Criminal Justice System Compared To Canada The United States Criminal Justice System is used by national and local governments to maintain social control and punish violators of the law with criminal penalties. The primary agents responsible for upholding the law under the United States criminal justice system are the courts, defense attorneys and prosecutors, law enforcement officers along with prisons and jails. In joint efforts these agents work together to arrest, charge, adjudicate and punish those individuals found guilty of a crime. They are also responsible for ensuring that the accused are given a fair trial and that their individual rights are protected throughout the process. By law, individuals tried through the United States criminal justice system remain innocent until proven guilty (Criminal Justice System , 2011). The carry of firearms for protection and other lawful purposes is legal in forty-nine states, either under license or as a matter of course. Washington, D.C., and the State of Illinois are the only regions that both prohibit carry by statute, and neither issue a license exempting one from the statute. Open carrying of firearms without any licensing requirement is legal in thirty-one states. There is no federal law generally prohibiting the carry of firearms by citizens for protection or other lawful purposes. Some states' statutes prohibit carry in vehicles without a license; concealment without...
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...Changes in the Aboriginal Justice System through Colonialism Austin Jamieson 11153678 Native Studies 107 Ron Laliberte November 20, 2013 Aboriginal justice system has gone through many changes throughout history. This has mostly been because of Colonialism. Its presence is highly noticed in the formation of cultures and their ways, as well as in the elimination of others cultures and their ways. Colonialism has affected Aboriginal culture in several ways; however, a significant area that has been affected is the traditional Aboriginal justice system. Aboriginal communities had their own sense of justice and punishment prior to the arrival of the Europeans in Canada, Aboriginal communities lost their traditional means of sentences to the implementation of European corporal punishment. In the Western concept of justice, the system punishes the offender through a process of trying to make the offender conform, often locking them away to protect society from the dangers that offender brings to those around them. Aboriginal systems (which varying) try to focus on restoring the peace and harmony of the community. The concept is meant to use the justice system to bring equilibrium into the offender and community, as balance is necessary for kinship and relationships to flourish. Elders within Aboriginal communities began to bring many of these traditional correction techniques back into society to fix the growing numbers of criminal offenders throughout the country nearing...
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...has been growing concern and controversy about the over-representation of Aboriginals within the Criminal Justice System, a considerable problem that has been found to be more even extreme with Aboriginals female offenders. For Aboriginal women the rates of incarceration are particularly disturbing. Aboriginal women are over-represented in the federal prison system. They represent only 4% of the women in Canada yet account for 32% of the women in federal prisons. The number of Aboriginal women federally incarcerated has increased by 151% between 1997 and 2006 (Elizabeth Fry Society, 4). Aboriginal women are not only disproportionately over-represented but also the fastest growing population sentenced to federal prisons. The over-representation is even more pronounced in terms of Aboriginal women incarceration rates: As of April 2010, Aboriginal women accounted for 32.6% of the total female offender population (SOURCE 5). This means that one out of every three women federally incarcerated is of Aboriginal descent (Correctional Service Canada, 2009/2010, at 18). Furthermore they are over-represented in the maximum security prison population, making up 45% of the maximum security federally sentenced women, 44% of the medium security population and 18% of minimum security women in 2006 (Elizabeth Fry Society, 4). The justice system has played a major role in the creation of poor social conditions in Aboriginal communities today. It has failed to provide them with protection against...
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...A Retreat in the CJS 1 A Retreat in the Criminal Justice System Stephanie Karam ENG1100BB Karenza Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the...
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...executive director of the Equal Justice Initiative gave a ted talk titled “We Need to Talk About an Injustice”. In that talk, he discussed the current condition of the American criminal justice system and the issue of mass incarceration. He stated that “we have a system of justice in this country that treats you much better if you're rich and guilty than if you're poor and innocent. Wealth, not culpability, shapes outcomes.” I found this to be a profound quote on the criminal justice system as it seems contrary to everything the rule of law is about. So I considered if this was similar in a Canadian context, if there are any inequalities in the way we administer justice, and criminal law. I found...
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...This essay intends to focus on the over-representation of indigenous people in the criminal justice system from a sociological viewpoint. This over-representation becomes sociologically significant when it is seen as an expression of inequality meaning that wider social issues are at play that effect indigenous people specifically. The two major reasons or drivers of this over-representation stem from this inequality; the first is an element of institutional discrimination found in both the courts and the police services in Australia which tend to target indigenous people disproportionately with the facilitation of legislation and practices which indigenous people have little to no involvement in formulating. The second is a set of cultural and social norms that exist amongst indigenous people which clash with the norms of the dominant white culture who are responsible for the laws and regulations that all groups in society are meant to abide by. Furthermore social conflict theories on crime such as those formulated by Turk and Sellin provide a rich theoretical support for the reasons behind the over-representation of indigenous people in the criminal justice system. The over-representation of aboriginal people in Australia is a perfect example of the effects of inequality in modern society, arising from clashing cultural norms and institutional discrimination found within the criminal justice system caused by said inequality social conflict theories are...
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...of Indigenous people in the criminal justice system is well established. Although the extent of the over-representation is the subject of some disagreement and varies between communities and data (Ghys 1994: 132-137). the issue of Indigenous over-representation is not always at the forefront of public debate. It often takes high profile inquires, or tragic incidents to put the issue on the front pages of newspapers One document that highlights the high rates of over-representation is The Royal commission into Aboriginal death in custody, which was established in October 1987. This inquiry was mainly established to investigate the death of ninety-nine Indigenous people who died in custody over a period of nearly ten years. Despite the fact that, the issue of Indigenous over-representation is not an issue that occupies the minds of most people in Australia on a regular basis, it is a phenomenon which continues to have devastating effects on Indigenous people nation-wide, especially those who resided in rural areas. Reference: National report of the Royal Commission into Aboriginal Death in custody vol.2 (p.3): History and Legislation Indigenous communities in Australia had and continue to have very different cultural notions in relation to childhood and young Aboriginal people in the past. Generally there is no the same separation or exclusion of children being treated differently from the adult world. Responsibility of children and young Aboriginal people tend to be allocated...
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...Look at the Supreme Court of Canada's 2012 decision in R v. Ipeelee. Which of the two summaries of the reasons of the Supreme Court justices is most persuasive? R v. Ipelee, 2012 SCC 13 is a complicated lawsuit. This case is about an aboriginal person who was put up without parental guidance involved in criminal offenses in the early years. On the one hand, the six justices of the Supreme Court of Canada know the reality that most of the Aboriginal people are ended up spending time in prison compared to other Canadians. In accession, their opinion was that aboriginal descent lives in an unjust environment since their birth, and the lower court must find out a creative solution when handling with their shells. Further, they alleged the judge must weigh the elements outlined in R. v. Gladue, [ 1999] CanLII 679(SCC),[1999] 1.S.C.R. 688 (Neil Boyd 43). On the other hand, one judge of the Supreme Court of Canada held a different view than the bulk ones. What he said the public safety must be of prime concern than rehabilitation or reintegration of the offender, when sentencing the offender who breached LTSO (Neil Boyd 44). He also said that violation of...
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...Aboriginal Issues Essay As I read the articles about the aboriginal people what stood out to me and impressed me the most was the over representation of Aboriginal people in our Canadian prison system. A shocking statistic that I read was that 2.8% of the Canadian population is Aboriginal but they account for 18% of our federal prison inmates. Aboriginal people have been faced with so many historic inequities such as being forced to move to reserves with almost none of the basic infrastructures needed to run a functioning society. Having their children taken from their families and put in abusive residential schools, being forced to learn and live by a foreign culture and beliefs as well as being faced with racial discrimination and having their rights ignored. Due to the history of injustice and discrimination aboriginal people have experienced higher unemployment rates and lower incomes leading to lives of poverty, substance abuse, and family violence. I think that the residential schools play a big role in the problems some of the Aboriginal people faced because when they took young children who had learned only a small amount of their families cultures and tried to teach them western cultures and beliefs. As well some of the children were sexually traumatized and beaten, which likely caused a lot of confusion and difficulties growing up. In my opinion because of all the injustice in the past there is a huge lack of trust that the aboriginal people have with the Canadian...
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...Section 718.2(e) of the Criminal code have stated that judges should account for these considerations when making sentencing decisions. This ruling asks judges to apply an analysis that recognizes the adverse background cultural impact factors that many Aboriginals face. Upon analyzing these factors, if present in their personal history, work to alleviate or reduce the culpability of offenders. Judges are then asked to consider all reasonable alternatives to jail in light of this. After such an analysis, it is more likely to lead to a restorative justice resolution, being used either in place of a jail sentence or combined with a reduced term. In applying principles of restorative justice to Aboriginal offenders, in the context of urban aboriginals discussed in the Gladue decision, it is necessary not only to focus on the individuals before the court, but as well to work with the First Nations communities, to restore their ability to deal with their members in a manner consistent with their traditions. While some critics suggest that decision in the Gladue case is “bad criminal justice policy”, I feel that comment speaks directly to aboriginal restorative justice, the tradition of restoring victim, offender and the community to a state of compatibility is a genuine and widely recognized one in Aboriginal communities around the world. The move to implement restorative justice intersects with the acknowledgement of victims’ voices in the Canadian justice system. By attempting to...
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...Poverty increasing rates during the last 10 years have been an issue in Canada in general, and a huge one for aboriginal communities on the reservations and in their territories. This is brought to mind because of a recent surge in suicide attempts in the Cree community which has drown a national attention to the effects of poor living conditions on First Nation's children. The reality is that these children live in poverty, and the situation is getting worse. The most recent available data from the national household survey was last updated back in 2011, and it shows that child poverty rates in aboriginal communities living on the reserves rose to staggering 60% in 2010 (MacDonald, Wilson. 4) The indigenous child poverty at the reservations is structural and systematic: it reveals a history of racism that goes back to the time of colonization. Canada's long history of residential schools and the under-funding of basic services on reserves have left aboriginal communities experiencing living conditions many would expect to see only in developing countries, not in a rich nation such as Canada. Too many aboriginal children live in abject poverty, and in many cases, without hope of improved prospects in the future....
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...chances gain outweighs the punishment, this is what triggers people to engage in criminal activity. The research below show that the male offenders are motivated to commit violent crimes with their spouses because they perceive chances of gain outweighs the perceived punishment or loss, they know that their spouses will not tell the police of the violent crimes committed. Information on violent victimization of Aboriginal women in the Canadian provinces, 2009 provides studies on violence against women in Canada, it is an ongoing issue that has not given lead way to resolution and continues to complicate life for the Aboriginal women of Canada (Brzozowski 2006). The study shows that Aboriginal women were more than three times likely to report being a victim of violent crime verses non-Aboriginal women during 2009. Men perpetrators acting alone committed the violent crimes via spousal violence causing injury to the women. The injured victims would only tell of the event to a family member or informal source. General Social Survey GSS show that many Aboriginal female victims of crime are relatively young representation of victimization. 54% of victims of violence were between the ages of 15 to 34 with 31% of females age 15 and older living in the 10 provinces. The GSS report also identify that Aboriginal women feeling for safety and satisfaction of the criminal justice system’s response to curbing the violent crimes are satisfied with their...
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...Royal commissions are a form of official inquiry into matters of public concern. Topics under these Canadian commissions include, but are not limited to, highly contested issues such as transportation, health services, immigration, and the penal system. This paper will compare two of numerous federal investigations that have taken place in Canada between the years 1868 and 2008: the Royal Commission on the Status of Women in Canada (The Bird Commission) and the Royal Commission on Aboriginal Peoples. Both of these commissions tackle matters of early childhood education and care, education, the Indian Act, economic self-reliance, special treatment, the renewal of a relationship, the private sector, and the criminal code. After a more extensive comparison has been achieved between these two reports, I will decide which commission has had the largest impact on our Canadian constitution. Before forming a comparison, it is important that I explain briefly how each of these federal commissions came before us: Prime Minister Lester B. Pearson instituted the Royal Commission on the Status of Women in Canada (RCSW) in February of 1967 (Royal Commission on the Status of Women, vii). It was launched as a direct response to a six-month campaign mounted by a coalition of thirty-two women's organizations and led by Ontario activist Laura Sabia, who, at the time, was president of the Canadian Federation of University Women (Encyclopædia Britannia). Sabia called a meeting of the coalition...
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