The Colten Boushie and Gerald Stanley Case The Colten Boushie and Gerald Stanley case stands as a stark reminder of the persistent divide in Canadian society. The unfortunate death of Colten Boushie, a young Indigenous man, and the subsequent acquittal of Gerald Stanley radiated uproar and combative debate over systemic racism, economic disparities, and justice inequality. The case of Colten Boushie and Gerald Stanley stirred a national conversation about Canada's treatment of its Indigenous Peoples and the functioning of its justice system. The press release first given to the public only stated, “Three occupants from the vehicle, including two females (one being a youth) and one adult male were taken into custody as part of a related theft …show more content…
This instance starkly shows the need for reform to ensure justice for minority communities in Canada. Racism abounds in this case – from the nature of the crime to the handling during and after. In essence, the trial became a racialized arena, stretching beyond institutional boundaries to involve societal perspectives on Indigenous peoples as being less deserving of justice. Conclusions drawn from racial biases echo the systemic racism deeply rooted within Canada's judicial practices. Racism casts a long and distinct shadow over the entire narrative of the Boushie-Stanley case, the case revitalizing age-old conversations about the racial undertones emphasizing the administration of justice in Canada. The death of Colten Boushie and the subsequent trial undeniably stimulate questions concerning latent racism within the Canadian justice system. This systemic racism became starkly evident in the Boushie case, whose acquittal sparked national outrage, furnishing an indelible testimony to racial injustice. The most disturbing testimony of this transgression is imprinted in the racial undertones that crept into the trial and jury
This case in particular is very important to all Canadians everywhere because it demonstrated the possibility of racial discrimination to occur till this very day. Even though the Crown was not able to clearly declare whether the people from Roma was what the Neo-Nazis were referring to as “Gypsies”. Also this case provides that even though there was only an accusation towards the Neo-Nazis because of the wilful promotion, the government will take matters into consideration and arrest the people who are suspected of taking part in this situation. In addition, it shows how the government will not tolerate any sort of discrimination or racism against any identifiable and/or minority group.
A Critical Analysis of Racism in Canadian Law and the “Unmapping” of the White Settler Society in “When Place Becomes Race” by Sherene H. Razack
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
This article will examine the perpetuation of racism in Canada by the mainstream news media by examining three elements: (1) the impact the news media has on mainstream society (i.e. how it shapes thoughts and behaviours), (2) modern manifestations of racism, in particular subtle forms of racism, and (3) the use and impact of racial discourse (such as racial stereotypes and the framing of criminal and deviant behaviour as a racial problem) on society. This article argues that the news media not only reflects and reinforces racism in society through racialised discourse, but also creates and perpetuates subtle notions of bias and exclusion.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
the 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. It is not suited for their cultural needs and does nothing to rehabilitate offenders but rather does the offender more harm then good. It does not address the underlying conditions causing criminal behavior or in assessing what specific needs must be addressed to rehabilitate.
In the article “Point: Racial Profiling in Law Enforcement is Unjust”, Adele Cassola determines that racial profiling is an extensive problem in policing across Canada. She identifies that racial profiling is based on stereotypes of race, ethnicity, and cultural background with African-Canadians, Arab-Canadians, and Aboriginal Canadians being targeted most frequently. Racial profiling is not unique to law enforcement and immigration, Cassola asserts, “it is a wide spread problem within other institutions and establishments as well” (2009). She discovered a survey that showed Toronto's African-Canadian secondary school students were stopped four times more frequently and searched six times more frequently than their non-black classmates. In an article from the Toronto Star newspaper in 2002, Cassola notes that African-Canadians were subject...
King, Jack. "The Ordeal of Guy Paul Morin: Canada Copes With Systemic Injustice." National Association of Criminal Defense Lawyers (NACDL) . N.p., n.d. Web. 7 Dec. 2010. .
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu...
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.