...There have been many studies conducted throughout Canada and all have found that Aboriginal people are clearly over-represented in Canada’s criminal justice system. Each study has provided many reasons for the high incarceration rates. A justice system that is not responsive to the experiences and needs of Aboriginal people contributes to the high Aboriginal incarceration levels. Many Aboriginal people have other social factors that contribute to their overrepresentation in the criminal justice system. “Aboriginal peoples experience disproportionately high rates of crime and victimization, are over-represented in the court and the correctional system, and further, feel a deep alienation from a justice system that is to them foreign and inaccessible, and reflects both overt and systemic racism.” (“Aboriginal People,” n.d) The overrepresentation of Aboriginals is a long-standing problem. Reports over the years have pointed to institutional bias within the criminal justice system as a cause for this problem. Courts were more inclined to deny bail and to impose more and longer prison sentences on Aboriginal people than on non-Aboriginals. (“Combating aboriginal”, 2012) Aboriginal accused are more likely to be denied bail and spend more time in pre-trial custody than non-Aboriginal people. One of the reasons for Aboriginal over-representation is related to interpretive problems. The Canadian Criminal Justice System is based on a system of offender punishment and...
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...customary laws have started to be acknowledged. When the British Empire colonised Australia, the sovereignty of Native Australians were not recognised (Mabo v Queensland [1992]). Along with land rights, their right to hunt and fish have also been restricted which could account for the overrepresentation of Indigenous Australians in prison. “[Their] right to pursue a traditional lifestyle, a right recognised by the Commission’s Term of Reference, [which] implies a right to use the land to forage and gather food for consumption,” (Recognition of Aboriginal Customary Laws, 1986) has been overlooked. Aboriginal Australians...
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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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...For instance, the indigenous population in Canada’s prisons system continues to grow and are overly represented in comparison to any other group. In the article written by Patenaude etc. (1992), they found that “Canada’s indigenous peoples are incarcerated in federal and provincial/territorial correctional facilities in number far in excess of their representation in the general population”. Which begs the question why are aboriginals represented at higher rates? I argue systematic biases as well as a punitive approach to crime furthers the issue of the over incarceration of aboriginal people in Canada. For instance, they found that crime rates were not allocated evenly as “it falls disproportionately on the poorer and more vulnerable sections of the population and serves to compound the growing economic and social inequalities which have risen dramatically...” Consequently, simply putting people in jail for certain crimes doesn’t deter crime but rather exacerbates it since it doesn’t account for other factors that affect...
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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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...18th Century Colonisation of Australia Colonisation decimates Aboriginal communities with diseases, alcohol, and dispossession. 19th Century Colonies develop own legislations Australian states/colonies develop individual legislative mechanisms concerning child protection for their jurisdictions. 19th/20th Century ‘Stolen Generation’ Forced separation of Aboriginal children from their families under policies of assimilation. 20th Century ‘Forgotten Australians’ State institutionalisation of children for a variety of paternalistic reasons. Late 20th Century Family Court of Australia States gradually devolve their powers in relation to ex-nuptial children to federal court. States maintain individual jurisdiction for child protection. 1987 Legislation in NSW Ascension of Children (Care and Protection) Act. (see hand out) Supporting Families Emergent view that it is better to support families and have children safely remain in the family unit than to remove the child. Late 20th Century Foster Care Growing body of evidence indicating foster care is preferred model of out of home care over residential care models. UN Convention on the Rights of the Child Development of convention. First developed by the League of Nations in 1924. Ratified by UN in 1990. Australia one of the first signatories. Mandatory Reporting The new legislation brings in mandatory reporting. That all professionals whose work is associated with children must report instances...
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...the police has been showed to increase willingness to report a crime, compliance with the law and to share information regarding criminal activity. Confidence in the police is defined in the study as multidimensional; it considers citizens confidence in the dependability, competency and respectfulness of the police. The results from the research indicated a statistically significant difference between aboriginal and non-aboriginal in the item “the police are doing a good job of treating people fairly” (512) The other significant differences between...
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...Social justice issues: child removal, racism, transgenerational grief effects, overrepresentation in criminal justice systems, dispossession of land, lack of access to basic health and wellbeing needs, etc. Selected social justice issue: Child removal Aboriginal children have been subject to intervention by European people and governments since. In the days of protectionism, Aboriginal people were theorised to be an inferior and therefore dying race (under social Darwinism) and therefore in need of protection by public health and order interventions including provision of shelter, food, clothing and religion; and eradication of cultural knowledge, values and beliefs through dispossession of language, land, etc. In some respects child protection...
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...The Dreaming Dreaming: * Underpins all beliefs and practices * Incorporates past, present and future * Inextricably linked to the land * Ceremonialism Dreamtime: Time of creation of all things Dreaming: Individuals or groups set of beliefs or spirituality Spirituality Consists of: * Kinship * Ceremonial life * Obligations to land and people (as a result of societal values) Kinship Highly sophisticated networks of relationships that govern interactions between members of language groups Define where a person fits into the community, binding people together in relationships of sharing and obligation Central to the way culture is passed on and society is organised Dynamic and provides a framework for living Defines roles and responsibilities for raising and educating children Provides systems of moral and financial support within the community Influences the social relationships and governs many aspects of everyday behaviour Ceremonial Life Dreaming ceremonies are conducted in the form of song and dance with the use of body parts and a spectacle of lights and costumes Preparation considered part of ceremony Men and women have different roles Different ceremonies in different cultural groups 4 Types: * Rite of passage * Information * Personal * Spiritual Initiation Ceremony Teaches about law and beliefs Allows young person to take their place as an elder Can last years Funeral Ceremonies Number...
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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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...According to INAC, the term for Aboriginal peoples is defined as: “a collective name for the original peoples of North America and their descendants. The Canadian constitution recognizes three groups of Aboriginal people: Indians (commonly referred to as First Nations), Métis and Inuit. These are three distinct peoples with unique histories, languages, cultural practices and spiritual beliefs. More than one million people in Canada identify themselves as an Aboriginal person, according to the 2006 Census.” (Indigenous Nationhood) Although many Aboriginal peoples in Canada identify as being Aboriginal, many Aboriginal peoples struggle to maintain or gain a sense of cultural identity due to the Canadian Governments assimilation policies. Throughout this paper I will discuss how the Indian Act, the Canadian Residential School System, and the Sixties Scoop assimilated Aboriginal peoples into a European way of life, by attempting to integrate them into society by abolishing their Aboriginal identities. This assimilation process impacted Aboriginal peoples in negative ways throughout the generations socially, culturally, and economically. The negative impacts within child welfare system, educational institutions, and the socio-economic status of Aboriginal peoples today, prove assimilation and the total integration of Aboriginal peoples within mainstream society is unacceptable. Decolonization techniques should be applied within those areas in order combat the long lasting effects of...
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...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 between Aboriginal women’s experience with poverty, violence in all forms, and the...
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...mentioned by Mirna (2015): A majority of them are doing it as a last resort because they do not have the proper education, have been involved in child welfare, violence in the street and home. They don’t want to be out there. From my experience, they do not want to be there. In addition to Mirna’s valuable insight, Jodi Phipps (2015), a case management coordinator at TERF who handles a broad array of duties, such as supervising and consulting other case managers and handling the intake and wait lists for women seeking services provided by TERF offered critical information as to how TERF views women’s involvement in the street sex trade. Furthermore, similar statements given by Sage House regarding the negative effects of CFS, and the overrepresentation of Indigenous women in the street sex trade, Jodi (2015) mentioned that TERF primarily views women’s involvement in the street sex trade as a matter of exploitation, rather than assuming women’s ability to choose amongst a broad array of legitimate choices. By adhering to an exploitative lens, TERF further believes that individuals in the wider society should refrain from rigid dichotomies that place women into categories of ‘deserving’ and ‘undeserving’, and should instead recognize women’s value and dignity, and their ability to become victims and survivors. (Jodi, 2015) Furthermore, Jodi (2015) pointed to the fact that the relationship between women’s involvement in the street sex trade and systemic issues, such as the lasting effects...
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