Aboriginal People In Canada

Canadian History and any nation’s history is built on a foundation of Cultural experiences that will shape the future indefinitely. Some events will shape the future longer than others. The indigenous people in canada years of trial that would result in many generations being affected. Consideration means to give special thought, typically over a period of time. In order to give special consideration there needs to be extenuating circumstances that push for special consideration and that are a result of an identifiable factor.

The Aboriginal people in Canada as a result of history are still being affected and three concepts can be identified to explain this. One, aboriginals face higher socio-economic marginalization, which may lend itself well to the idea that this links to higher risks of offending as well as the fact that the aboriginal people are over represented in the Correctional System. Another relates to the history, number two, the fact that Colonialism occurred resulting in lasting negative effects. Lastly it cannot be disregarded that the system at its very core holds discrimination.

The consideration is built up over time as a result of social justice interplaying with the criminal justice system.

Understanding that the Aboriginal population is indeed a special population in Canada derives from the fact that there has been serious injustice since colonization in Canada, and that has built the foundation for the injustice we see today. For instance, we see injustice in the systematic discrimination against Aboriginal people. However this is interpreted through the perception that we see Aboriginal people as having lower status in society as a result of the statistic demonstrating higher rates of incarceration, lower education, and higher rates of addiction. These have not only added to injustice that natives will face but also the systematic

discrimination.
R. V.Gladue is the decision handed by the Supreme Court of Canada regarding the sentencing principles under Section 718.2 of the Criminal Code. This section appoints judges to take non-custodial options with regards to Aboriginal people, and otherwise take into account any mitigating circumstances present in the case, and to not resort to incarceration of Aboriginal offenders as often as they are able. The case of R.v. Gladue set this precedent because it allowed the court to take in factors of colonization which affect this population.
The special circumstances that are set for the Aboriginal population are a result of what the “state” has done through colonisation. Using this for other minorities in Canada would undermine the reasoning and basis of R.v. Gladue. Other populations in Canada have not undergone the same circumstances and systematic injustices as the Aboriginal people. Affording them the same special consideration would be deemed inappropriate as other minorities have not undergone the same persecution as the Aboriginals. Although other minority groups may face persecution, using a section like 718.2 is not the way to address the situation. Instead these groups should, providing evidence of systematic injustice and discrimination is shown, should be granted special consideration.
Granting and affording certain groups special considerations is a result of extenuating circumstances presented, and until those circumstances are fulfilled and proven, granting such special considerations is inadvisable. Using sections that are originally intended for another group would not do that group justice. With each group a new set of considerations must be formulated to ensure that any special considerations made are truly representative of the goal they tried to accomplish.