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Racism in the legal system essay
Faults in the Canadian justice system
Racism in the judicial system
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The Canadian Justice System v.s. Aboriginal People Topic: Be it resolved that the Canadian justice system be significantly changed. The Canadian justice system has failed the Canadian people. It has failed the aboriginal people of this nation on a massive scale. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Aboriginal people who are arrested are more likely to be denied bail, spend less time with their lawyers, and if convicted, are more likely to be incarcerated. It is not merely that the justice system has failed aboriginal people; justice has also been denied to them. For more than a century the rights of aboriginal people have been ignored and eroded. The result of this denial has been injustice of the most profound kind. Poverty and powerlessness have been the Canadian legacy to a people who once governed their own affairs in self- sufficiency. A significant part of the problem is the inherent biases of those with decision-making authority in the justice system. However one understands discrimination, it is clear that aboriginal people have been subject to it. They clearly have been victims of the openly hostile bigot and they have also been victims of discrimination that is unintended, but is rooted in police and law. Two specific incidents in late 1987 and early 1988 clearly illustrate this unacceptable discrimination. The first of these was the November 1987 trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba. While the trial established that four men were present when the young aboriginal woman was killed, only one of them was ultimately convicted of any crime. Following the trial, allegations were made that the identity of the four individuals who has been present at the killing was widely known in the local community. On March 9, 1988, J.J. Harper, Executive Director of the Island Lake Tribal Council, died following an encounter with a City of Winnipeg police officer. The following day the police department exonerated the officer involved. Others, particularly those in the province's aboriginal community, believed that there were many questions which had been left unanswered by the police department's internal investigation. These two specific incidents are seen by many as troubling examples of the manner in which the Canadian justice system is failing aboriginal people. While the aboriginal people comprise 11.8 percent of Manitoba's population, they represent 50 percent of the province's prison population. Canada's treatment of its first citizens has been an international disgrace. Unless we take every needed step to redress this problem, this lingering injustice will continue to bring tragedy and suffering to aboriginal
Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony.
Decades later in 2001 the AIDWYC (Association in Defence of the Wrongly Convicted) became actively involved in the case and asked for it’s reopening. After the review of the case by retired Justice Fred Kaufman and his submission of a 700-page report, in 2004 then Justice Irwin Cotler found “that there was a reasonable basis to conclude that a miscarriage to justice likely occurred” (Timeline of the Truscott Case Truscott Timeline). Also, Irwin Cotler made the Ontario court of appeal listen to the Truscott case again as it was new, with fresh evidence. In 2006 the Court of Appeal listened to witnesses that claimed to see Truscott with Harper on his bicycle crossing a bridge towards Highway 8, years ago on the day of the murder in 1959.
Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals.
Vancouver currently maintains an image as a sort of maternal ethnic melting pot, a region rich in cultural diversity and with a municipality that is both tolerant and welcoming of various displays and traditions. However, upon closer examination of recent history, it becomes clear that the concept of the city embracing minorities with a warm liberal hug is both incorrect and a form of manipulation in itself. The articles Erasing Indigenous Indigeneity in Vancouver and The Idea of Chinatown unravel the cultural sanitization that occurred in Vancouver at the turn of the nineteenth century as means of state domination. Through careful synthesis of primary documents, the articles piece together the systematic oppression suffered by BC indigenous
Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison.
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 ...
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...
such a large number of people be denied a constitutional right? They have been excluded from
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
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.
Compare and contrast the arguments that have been advanced for and against the incorporation of Aboriginal and Torres Strait Islander Law in the criminal justice system.
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.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
Canada is a big country and has a population of about 36 million people, about 4% of that population is aboriginal people. In canada aboriginal people are 17% of the murder victims. 29% of the aboriginal people murdered are women and 92% of aboriginal women are murdered by family or acquaintances.