The framework of Canadian criminal law is designed to create legal systems that are fair and strive to protect all citizens, yet its application has often disproportionately impacted marginalized groups. From the beginning of settler colonization to the present day, Indigenous peoples in Canada have been stripped of their rights and freedoms in numerous ways. The Canadian criminal justice system and its application have further jeopardized the well-being of Indigenous peoples due to the continual maintenance of systematic oppression and colonialistic views. The first way in which the application of criminal law in Canada negatively impacts Indigenous individuals is through mistreatment done unto them by law enforcement personnel. To further …show more content…
Continuing on, a prime example of this overrepresentation is at Toronto South Detention Centre, where Indigenous people are incarcerated about ten times more than those who are non-Indigenous (Chan et al., 2017, para. 2). The adage of the adage. The overrepresentation of Indigenous people has existed for years and serves as a prime model of how Canadian criminal law and how the application of incarceration is negatively impacting Indigenous peoples. Similarly, relating to federal institutions and sentencing, Indigenous cases that involve wrongful convictions are often neglected compared to others (Roach, 2015, para. 5. The adage of the adage. Wrongful convictions drastically change the trajectory of an individual's life, not receiving proper remedies to repair these convictions can be seen as unethical treatment of Indigenous peoples. Federal institutions such as correctional facilities in Canada mistreat Indigenous people through overrepresentation in prisons and wrongful convictions, which can be linked to the criminalization of Indigenous people due to systematic
Fleras, Augie. “Aboriginal Peoples in Canada: Repairing the Relationship.” Chapter 7 of Unequal Relations: An Introduction to Race, Ethnic and Aboriginal Dynamics in Canada. 6th ed. Toronto: Pearson, 2010. 162-210. Print.
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.
Toronto: Pearson Prentice Hall. The Justice System and Aboriginal People: Child Welfare. n.d. - n.d. - n.d. The Aboriginal Justice Implementation Commission. Retrieved December 12, 2013, from http://www.ajic.mb.ca/volumel/chapter14.html.
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
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
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
Generations of native people in Canada have faced suffering and cultural loss as a result of European colonization of their land. Government legislation has impacted the lives of five generations of First Nations people and as a result the fifth generation (from 1980 to present) is working to recover from their crippled cultural identity (Deiter-McArthur 379-380). This current generation is living with the fallout of previous government policies and societal prejudices that linger from four generations previous. Unrepentant, Canada’s ‘Genocide’, and Saskatchewan’s Indian People – Five Generations highlight issues that negatively influence First Nations people. The fifth generation of native people struggle against tremendous adversity in regard to assimilation, integration, separation, and recovering their cultural identity with inadequate assistance from our great nation.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
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...
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
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.
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
The movie The motorcycle diaries and the novel Balzac and the Little chinese seamstress, although are two very different narratives they both follow the simple structure of a coming of age story. In The Motorcycle diaries two men go on a journey leaving Argentina to discover the lands of South America meanwhile the three main teenage characters of Balzac and the Little Chinese Seamstress are in Chinese re-educational camps reading and learning from their friends secret western books. The main transformational areas that the focus is on the conflict, epiphany, and emergence of the characters illustrating the metamorphosis they experience. Both main characters gather new knowledge about the outside world and encounter comparable conflicts, but the similarities and differences about these two narratives show the readers that the initial boundaries set by the characters will define and