It should be noted, though, that the relevant literature does not identify inappropriate police discretion as the single or even the most significant cause of over-representation in the criminal justice system. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. The philosophy behind the practice is the community, victim, and offender coming together as one was needed to restore order and all move forward in a positive manner. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. It also encompasses associated court procedures up to the point of sentencing. The rate at which the over-representation of Aboriginal persons in the correctional system over time is partly accounted for by the growing Canadian Aboriginal population: the general Aboriginal population in Canada has increased by 20.1% between 2001 and 2006, while the federally incarcerated Aboriginal population rose by 19.7%. It explores the impact of discrimination on the lives of Aboriginal men, women and youth and studies the steps that Aboriginal communities are taking to reclaim their justice practices and stop the continued over-representation of their citizens in the Canadian criminal justice system. Two specific incidents in late 1987 and early 1988 clearly illustrate this unacceptable discrimination. While the aboriginal people comprise 11.8 percent of Manitoba’s population, they represent 50 percent of the province’s prison population. Indigenous Australians are grossly over-represented in the criminal justice system. While my deeply held opinions were rooted in dismantling access to justice barriers and were “common sense” truths, they were predictable, simplistic, and misinformed, given the vast body of academic work available. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… The poor are appointed an attorney normally known as a public defender to defend them. Here you can order a professional work. Social Capital and Youth Suicide Risk Factors in First Nations Communities.Canadian Journal of Public Health/Revue Canadienne de Sante'e Publique, … If one looks at the media, one would see a rise in crime. Chris Cunneen is Associate Professor in Criminology and Director of the Institute of Criminology, Sydney University Law School. It is not merely that the justice system has failed aboriginal people; justice has also been denied to them. 2015 In 2006, Statistics Canada found that 21% of people sentenced to custody and 18.5% in federal institutions were in fact of aboriginal descent (King & Winterdyk, 2010, p. 63). Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, The Injustice Of Indigenous Offenders Essay, The Injustice of Indigenous Offenders Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. The basic foundation of knowledge I held, victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. 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. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. The Criminal Code considers the over-representation of Aboriginal people in the Canadian criminal justice system. The criminal justice system has made strides forward. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). Canada's justice system is failing Aboriginal youth and their communities, Feathers of Hope report concludes News provided by. Whilst today’s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently, In Rupert Ross’s novel, entitled, “Indigenous Healing: Exploring Traditional Paths”, he explores the indigenous point of view. Indigenous overrepresentation exists throughout the justice system. However, society has not treated them as equal members of society since the first explorers settled. In 2006 the estimates indicated that the rates of incarceration were 1,024 per 100,000 Aboriginal people compared to 117 per 100,000 non-Aboriginal persons (Correctional Service Canada, 2014). The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with The impact of socio-economic marginalization on the overrepresentation of Indigenous people in the Canadian criminal justice system has been identified as significant within the literature. Here you can order a professional work. In jails, they undergo miserable lives and quite a number of them end up dying there. Williams, T. (2007). the NSW criminal justice system, making up 24 per cent of its adult prisoners, and 52 per cent of juvenile detainees, despite being just 2.9 per cent of the state’s population. It is difficult not to concur with Ovide Mercredi’s assertion that the root causes of Aboriginal over-representation in the criminal justice system can be found in the poverty and marginalization of Aboriginal people. Aboriginal Youth, the Criminal Justice System, and the Evolution into a Better Canada In a country where our education, laws, and overall societal structures are based on a colonial perspective, Harold Johnson offers an Aboriginal outlook on how First Nations people have lived and struggled under a colonialist Canada. The history of these, Reflective Essay : My Schedule For The Fall Semester Essay, Homelessness Is A Major Social Crisis Essay, The Ongoing Struggle Of Integrating Schools Essay, Evolution Of Cheerleading Into Modern Day Cheer Essay, Leadership Qualities Of A Good Leader Essay, Nurse Staffing And Patient Outcomes Essay, General Chemistry - Standalone book (MindTap Course List), Managerial Accounting: The Cornerstone of Business Decision-Making, Finite Mathematics and Applied Calculus (MindTap Course List), Contemporary Mathematics for Business & Consumers, Probability and Statistics for Engineering and the Sciences. The legacies of racism and colonial injustice permeate Canadian institutions that perpetuate the disproportionate representation of Indigenous peoples in prison. It has failed the aboriginal people of this nation on a massive scale. Over the past five years, the rate of Aboriginal youth (aged 10-17 years) under justice supervision decreased by 13.1 per cent (from 170.2 to 147.9 per 10,000) compared with a 34.8 per cent decrease among non-Aboriginal youth (from 16.2 to 10.6 per 10,000). Canada’s treatment of its first citizens has been an international disgrace. ), Women and the Criminal Justice System: A Canadian Perspective (pp.257-287). Punishing Women: The Promise and Perils of Contextualized Sentencing for Aboriginal Women in Canada. 32 Indigenous people in Canada have a higher unemployment rate, and lower levels of educational attainment than non-Indigenous people. INDIGENOUS OVERREPRESENTATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM The increasing status of Indigenous overrepresentation is a clear indication of the failures of the Canadian Criminal Justice System. and everyday necessities in Indigenous communities seem concealed and compromised in the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. To narrow this down this research, the essay will focus mainly on the overrepresentation of ethnic minorities in the sentencing stages of the Criminal Justice System, even though it is recognised that those of Asian background are only slightly overrepresented in the prison population in comparison to those of black background. Introduction There can be no question that the poor are vastly over-represented in the criminal justice system. Risk, on retribution. Unless our Charter has no basis in law, out justice is seriously flawed. Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? There is also a pattern we see across different indigenous groups around different countries who are also facing similar problems because of their 'native’ status, such as Maori from New Zealand, Aboriginals from Canada and Indians from the USA, just to name a few. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. How do they explain away the injustices in the aboriginal communities? He has published widely on Aboriginal people and the criminal justice system, and is the co-author of Indigenous People and the Law in Australia (1995) and Juvenile Justice: An Australian Perspective (1995). How can we transform Canada’s criminal justice system to better address Indigenous over-representation? This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. The dominant group must to understand that, is not good to force someone to change their cultural. Supporters of the Canadian justice system might argue that Canada has the best legal system in the world. for the Indigenous population in Canada to address Aboriginal over-representation in the criminal justice system. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group, Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System We examine in greater detail the discussion of why family violence is so prevalent later in this section. The plethora of Aboriginal individuals who populate the penitentiaries and jails in Canada shows that there must be changes made within the Canadian Justice system. These two specific incidents are seen by many as troubling examples of the manner in which the Canadian justice system is failing aboriginal people. Our justice system must be revamped and revised so that it is more equitable, sensitive, and accessible.. ... to lack of funds and a broken criminal justice system. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Rupert Ross first focuses on the idea of relational living in his novel. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Introduction Offenders were made to accept responsibility for their deviant actions. Essay on Relationship between the Aboriginals and the Criminal Justice System. Racism In Australia Essay. by Warren Miller 09 September 2019. Additionally, they are over – represented in the country’s criminal system. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Is justice not intended for everyone? Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. The poor are given substandard representation in courts due to lack of funds and a broken criminal justice system. over-representation of Aboriginal people in the criminal justice system (The Law Reform Commission of Western Australia, 2006, p. 192). This paper aims to explore the role of structural inequality in societal institutions like the justice system, education and employment. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. Indigenous or Aboriginal they both formally apply to the same groups of people which is defined as “Descendants of the original inhabitants of North America. Poverty and powerlessness have been the Canadian legacy to a people who once governed their own affairs in self- sufficiency. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). 2002. Topic: Be it resolved that the Canadian justice system be significantly changed. It has failed the aboriginal people of this nation on a massive scale. Aboriginal Women and the Criminal Justice System. The over-representation of Aboriginals in jail is within relation to their social status. The Court acknowledges that the Canadian criminal justice system has “failed the Aboriginal peoples of Canada” (para 57), a recognition of both the culturally inappropriate nature and the systemic discrimination of the criminal justice system. 3.20Figure 3.3 below shows that the imprisonment rate for Aboriginal and Torres Strait Islander people has increased 41% over 10 years, from 1,438 per 100,000 in 2006 to 2,039 per 100,000 persons in 2016. This is such ... ... justice system. ... young teenagers breaking the law and committing particularly heinous crimes is a fairly new problem that concerns many people. According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. 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. One theory of over-representation is the presence of systemic discrimination in judicial decision making. On the other hand, justice is the ultimate target that societies have endeavored, I entered law school secure in my foundation of knowledge on access to justice barriers inherent within the Canadian criminal justice system. It argues that one of the most important factors is a decline in interdependency among people in aboriginal communities. Aboriginal Youth Essay. Retrieved from-racism-problem-is-at-its-worst/ Mignone, J., & O'Neil, J. The Canadian criminal justice system has failed the Aboriginal peoples of Canada—First Nations, Inuit and Metis people, on-reserve and off-, urban and rural—in all territorial and governmental jurisdictions. There is no gen… He co-edited Faces of Hate: Essays on the … This essay will critically discuss the key issues identified by criminologists on huge incarceration rate for indigenous people, which includes, “THIS IS A COURT OF LAW, NOT A COURT OF JUSTICE” 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. This can be attributed to social and cultural anomie in which the society in general fails to provide the required support to the Aboriginal people so as to fully integrate them in the wider society. He was, This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. Indigenous people had a distinct way of approaching justice within their societies, their practice of restorative ways centered on a community approach. Unless we take every needed step to redress this problem, this lingering injustice will continue to bring tragedy and suffering to aboriginal people, and to blacken our country’s name throughout the world. Established in October 2001, the Saskatchewan Cree Court is the first Cree-speaking provincial court in … La Prairie’s main argument in this paper is that large Canadian cities affect the problem of over-representation in the criminal justice system. ... All Papers Are For Research And Reference Purposes Only. You must cite our web site as your source. This crisis is especially profound in the youth context. Toronto: Emond Montgomery Publications. Everyday Aboriginal youth face many problems including an over representation in Canada’s criminal justice system, poverty …show more content… Underlying Issues Among Aboriginal Youth Although Johnson discusses several subjects in his book, it is worth discussing one of … McGill Law Journal 47 (n. d. ). Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. Indigenous peoples are vastly over-represented in the Canadian criminal justice system. In this paper, I will examine what Indigenous incarceration looks like in Canada and the negative impacts state control over Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. There is, however, no shortage of research and literature that attempts to explain the over-representation of Aboriginal offenders in penal institutions. This has come about as the result of historical processes (such as colonisation and the creation of the reserve system) which have … Increasing Aboriginal over-representation in Victoria’s criminal justice institutions has the potential, in the absence of more appropriate responses, to further perpetuate social and economic exclusion, and compound losses of culture, family and purpose, for a growing number of Aboriginal people. Indigenous females had an overall rate of violent victimization that was double that of Indigenous males and close to triple that of non-Indigenous females. 1. Domination of the Aboriginal People In any Canadian history class we ... there was the alteration of river systems by impoundment and diversion Treaty 3. La Prairie, Carol. 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. (Find a price that suits your requirements), In Our Societys Criminal Justice System Justice Equals Punishment You, Aboriginal Self Government And The Canadian Justice System, The Continuant Domination Of The Aboriginal People. There is virtually no literature or research that explains the high rate of Aboriginal victimization on a general level. There are three Canadian courts for Aboriginal people only3. The justice system in Canada recognizes Aboriginal 's differently then non-aboriginals, it does not take into account Aboriginal 's cultural values and experiences that they have faced in previous years. Colonialism and resulting social and economic marginalization are key issues pertaining to the indigenous people over representation in Australian prisons. Societies regard the law as a tool that they use to get justice. This is not an example of the work written by professional academic writers. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. It is a common assumption that law and justice are the same things and that the law’s sole purpose is the advancement of justice. This crisis is especially profound in the youth context. A significant part of the problem is the inherent biases of those with decision-making authority in the justice system. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). The result of this denial has been injustice of the most profound kind. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. With that understanding, I freely commented on LGBTQ+ community, First Nations issues, class, and race. The rate of violent victimization among Indigenous people was more than double that of non-Indigenous people (163 incidents per 1,000 people vs. 74). Free Samples and Examples of Essays, Homeworks and any Papers, Filed Under: Essays Tagged With: canadian, justice system, legal system. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. For non-Indigenous people, the imprisonment rate has increased by 24%, from 131 to 163 per 100,000 over the same period. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Over-policing refers to the practice of police targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods. When controlling for various risk factors, Indig… However, the true extent of this over-representation differs between individual areas. You do the crime, and you do the time. The Canadian Constitution recognizes three groups of Aboriginal people Indians, Métis and Inuit. The over-representation of Aboriginal people in the Criminal Justice System (CJS) is a considerable problem that has been present in Canada for many years and is extreme with Aboriginal youth populations. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Due to the criminal code of Canada 718.2(e) Law enforcement faces ethical dilemma in many cases. Abstract. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. This paper is an analysis of world views of indigenous people and how they, 2016 reported by Mitchell (2016) emphasised yet again the complex relationship between Indigenous Australian young people [IAYP] and structural inequality leading to disadvantage on every social scale compared to non-Indigenous population. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Opinion Essay: Over-representation of Aboriginals as Offenders Amy Brown ID #201591413 Diversity and the Justice System – CRJS 1013-001 Professor Aulakh Harpreet Tuesday, February 3. Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Many people wonder whether there is a difference between law and justice: the foregoing play different roles in the legal system albeit having a few similarities. The police ... that people’s attitudes toward Simpson and the trial were consistent throughout and many people’s ... is to circumvent the system and snub law enforcement to gain an ... ... 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. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. This recognition equally applies to Aboriginal over-representation in criminal justice. "Aboriginal Over-Representation in the Criminal Justice System: A Tale of Nine Cities." Nor does either piece of research make any claims in relation to Aboriginal adult imprisonment. The Canadian justice system has failed the Canadian people. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. This literature review addresses the overrepresentation of Indigenous people in the Canadian criminal justice system. More specifically, Ross looks at the meaning of living relationally, the circular vison culture, the impacts of colonialism of the western world on First Nations people, as well as how to bring awareness to non-native people of the tragedies that Aboriginals have and are still going through. In 1963, the Supreme Court ruled in Gideon v. Wainwright that every criminal defendant has a right to have an attorney. It is apparent, from the podcast that there is a poor relationship between stakeholders in the law enforcement sector and the Aboriginal community. The Supreme Court of Canada noted the following in R. v. Gladue: Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned. In our society's criminal justice system, justice equals punishment. This crisis is especially profound in the youth context. The report also identifies gaps in the efforts to address overrepresentation and suggests potential ways to mitigate the problem. In 2016-17, Aboriginal youth were 14 times more likely than non-Aboriginal youth to be under justice supervision in Victoria. Among the many factors that contribute to the overrepresentation of Aboriginals within the Criminal Justice System, such as the legacy of colonialism and low socio-economic capital, the entrenched systematic discrimination in the CJS will be examined. Minority groups in this flawed system have a dim future at best. Monchalin (2016), defines risk factors as influences which increase the probability of being exposed to victimization or crime. In J. Barker (Ed. ... 'Self-government and the inalienability of aboriginal title.' Some authors have argued that the primary cause of over-representation is widespread criminality among Indigenous peoples, rather than what is sometimes termed 'systemic bias' in the criminal justice system. Disclaimer: This work has been submitted by a student. The over representation of Aboriginal people within the Canadian Criminal Justice system is a clear indication of how the justice system has failed aboriginal people in Canada. Over Representation Of Aboriginal And The Canadian Criminal Justice System Essay 1965 Words Dec 13, 2016 8 Pages Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. 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