Implications of Racism in Canadian Society: R.D.S. v. The Queen "The courtroom is no place to find the truth." This quotation is taken from a Hollywood film, but has a tendency to ring true in legal disputes in Canada involving minority groups. Racism as a component in the Canadian societal context has prevented the realization of truth and justice throughout history. For instance, Donald Marshall Jr. endured a wrongful conviction as a result of racism in the criminal justice system. While this dilemma has proved to be most difficult for minority groups to overcome, critical race theory, as implemented by defence lawyers in R.D.S. v. The Queen, has allowed for the realization of racism as truth in Canadian society and provides a tool for minority groups in future legal battles. In October of 1993, R.D.S., a Nova Scotian Black youth, was arrested by a white police officer and charged with assault on a police officer in the execution of duty, assault with intent to prevent the lawful arrest of another, and resisting his own arrest. In a Nova Scotia Youth Court, R.D.S. testified that he did not touch the police officer or assault him in any way. He stated that he spoke only to his cousin, who was being arrested by Constable Steinburg, to ask the nature of his arrest and whether or not to contact his mother. R.D.S. testified that Constable Steinburg told him to either "shut up" or face arrest. The youth argued that the police officer proceeded to place both himself and his cousin in a choke hold. Constable Steinburg maintained that R.D.S. assaulted him and obstructed his cousin's arrest. He made no reference to telling the youth to shut up or to placing either youth in a choke hold. (1) Judge Corinne Sparks, also a m... ... middle of paper ... ... the resulting damage to the criminal justice system. Opponents of this theory prefer a conception of the truth which relies on empirical evidence: if the existence of racism cannot be proven in individual cases, it should not be taken for granted when rendering decisions. Proponents of critical race theory favour a conception of the truth that takes into account the historical presence of racism. Judge Sparks' decision, as upheld by the Supreme Court of Canada, set a precedent for the future recognition of critical race theory's thicker conception of truth which recognizes the presence of racism in the criminal justice system. Bibliography Aylward, Carol, Criminal Race Theory Litigation (Halifax: Fernwood, 1999). "Canadian Critical Race Theory: Racism and the Law." CJS Online. Online. Available http://www.ualberta.ca/~cjscopy/reviews/critrace.html
We can conclude with her analyses that the criminal justice in America is biased an even though I don’t agree with the suggestion Alexander has heard from other people that mass incarceration is a “conspiracy to put blacks back in their place” (p.5). It is clear that the justice system in the US is not completely fair, and that collective action must arise to struggle it.
Paul in “Paul’s Case” wanted to get away from the reality and the hostile environment he faced. He was sick of Pittsburgh and the middle-class, Cordelia Street, which he lived on. Although his mother past away, his home life was as normal as could be. This is something Paul hated, normality. At school he would tell other students false stories to try to make his life seem more interesting than theirs. This ultimately caused none of the other students like him, even the teachers lash out at him. Paul was suspended from school, but he didn’t mind. He found an interest in music and in art, although he knew his father would not approve. Paul’s father wanted him to be a business man, have a normal family and have an ordinary life. Although, having a normal, ordinary life was not what Paul had in mind for his future. He dreamt of much more which caused him to believe he would never get his father’s approval.
As a child Paul and Norman were very much the same, for they both seeked love from their father but, growing up Paul strayed from his fathers teaching. We see that in fly fishing; Paul leaves the four tempo technique, and creates a technique called shadow casting. Paul seeks attention, for example when he danced with the Native American girl all eyes were on them due to the provocative dancing or Native American. Paul loves being in the center of attention whenever; he came home he would often tell stories with both parents giving him full attention. Paul’s character was very boisterous and quick-tempered. Paul tended to start fights and cause a scene. Paul is not reserved, and he will quickly tell you how he feels. Paul is a very independent person, and he does not like to receive help; for example after the gambling scene Paul tries to dissuade Norman away from helping him. Paul is not one to follow other people’s example, but rather sets examples like fly fishing. Paul has an alcohol and gambling problem, and he knows, but he refuses help due to his pride. Paul was equally loved as a child, but he craved for attention as an adult because he did not know what to do with the love that was given to him. In the movie Paul started to really act out when Norman came home, and perhaps this was because he felt as if he was in Norman’s shadow. Norman was called the “professor” in the family because he went to college, but Paul never left Montana, and he could never achieve what Norman achieved perhaps that is why he acted so immaturely to receive
...onas which cause him to overlap his personas making him overlap his names with his different personas. Paul who has now lost control feels powerless and obediently listens to Ousia about going to the police serving his time and then coming out of prison to live a happy life with her and Flan.
Robert Knapp has come up with some ways to identify different types of rumors in his writing called A Psychology of Rumor. Knapp says, “In practice it has been found that the emotional needs most frequently served by rumors are wish, fear, and hostility” (496). Knapp uses the name Pipe-dream and Wish Rumor to describe the rumors that contain wishful thinking. He also uses the name Bogie Rumor when describing a rumor that comes from the fear and anxiety of the people. Knapp lastly uses The Wedge-driving Aggression Rumor when describing a rumor that is made out of aggression or hatred. One of these names will be chosen to categorize the reading called Paul is Dead by Alan Glen. The name that will categorize the rumor is the Bogie Rumor.
Despite the decreasing inequalities between men and women in both private and public spheres, aboriginal women continue to be oppressed and discriminated against in both. Aboriginal people in Canada are the indigenous group of people that were residing in Canada prior to the European colonization. The term First Nations, Indian and indigenous are used interchangeably when referring to aboriginal people. Prior to the colonization, aboriginal communities used to be matrilineal and the power between men and women were equally balanced. When the European came in contact with the aboriginal, there came a shift in gender role and power control leading towards discrimination against the women. As a consequence of the colonization, the aboriginal women are a dominant group that are constantly subordinated and ignored by the government system of Canada. Thus today, aboriginal women experiences double jeopardy as they belong to more than one disadvantaged group i.e. being women and belonging to aboriginal group. In contemporary world, there are not much of a difference between Aboriginal people and the other minority groups as they face the similar challenges such as gender discrimination, victimization, and experiences injustice towards them. Although aboriginal people are not considered as visible minorities, this population continues to struggle for their existence like any other visible minorities group. Although both aboriginal men and women are being discriminated in our society, the women tends to experience more discrimination in public and private sphere and are constantly the targeted for violence, abuse and are victimized. In addition, many of the problems and violence faced by aborigin...
Welch, Kelly. 2007. “Black Criminal Stereotypes and Racial Profiling.” Journal of Contemporary Justice 23(3): 276-288 also talks about the discrimination within the courtroom, in the court it has been shown that the prosecutors when fighting a case against the defendant who’s client is Black use their race as an argument to win the case. They try to show how Black people are prone to be violent due to racial factors and therefore should be sentenced harshly. Given the history, unfortunately this argument sets in well and therefore leads to sentencing and prison time for the Black
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.
Canada is a nation known for its multicultural society. In such a diverse nation many would believe equality would exist. However it does not; and it is evident in the Criminal Justice System in Canada. The racial disparity in the Criminal Justice System is the result of bias treatment of certain individuals based on their race. The selective prosecution of visible minorities, immigrants and Aboriginals has been recognized as a racial inequality and corrupted the Criminal Justice System. The unequal treatment of immigrants and Aboriginals within the justice system has become evident through various forms. Canada`s colonial past has greatly influenced the judicial system and it seems obvious that race plays a factor in many of the facets of
In 2014, the death of Eric Garner in New York City raised controversial conversations and highlighted the issues of race, crime, and policing in neighborhoods that tend to be poor and racially isolated. Garner, an unarmed black man, was killed after being tackled and held in a “chokehold.” According to the AP Polls in December 2014, “Police killings of unarmed blacks were the most important news stories of 2014.” The problem is that young black men are targeted by police officers in which they have responded with the misuse of force and policy brutality. It is evident that this issue affects many people nationwide. The civilians do not trust the police department and the justice system because they hold the perceptions that police officers are immune from prosecution despite their actions. In particular, black individuals, specifically black males, do not feel safe in the presence of police officers because they are not held accountable for their mistakes.
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
...tain people who think of themselves as the “perfect” race and even if there are still incidents that involve racial discrimination, we have still accomplished a lot as a society as we are now closer to having full racial equality and ethnic acceptance. The pain and suffering of our ancestors through the hands of racism weren’t in vain as we now enjoy our position in a world where prejudice ceases to exist. The never ending battle between the suppressed and the oppressor finally ended—leaving the suppressed victorious. The chains of racism were finally broken and as Martin Luther King Jr. said, “We must learn to live together as brothers or perish together as fools.”
DiFonzo tells his readers that rumors are “unverified information statements that circulate about topics that people perceive as important.” He tells us that rumors provide some type of information.