A Brief Note On Indigenous Canada And The Canadian Criminal Justice System
Indigenous Canadians and the Criminal Justice System
The Canadian Criminal Justice System is failing Canada’s Indigenous population. As explained in The McGill Daily’s article “Canada’s Justice System is Anti-Indigenous”, Indigenous individuals are overrepresented in the justice system, further increasing their marginalization within society. The term overrepresentation essentially refers to the fact that the number of Indigenous people within the justice system is drastically disproportionate to their overall population (Editorial Board, 2022). Indigenous people in Canada already face countless forms of oppression, and the justice system is another harmful manifestation of this oppression. All of Canada’s institutions perpetuate discrimination
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One main solution to reduce overrepresentation of Indigenous Canadians within the justice system is the implementation of widespread, accessible restorative justice programs. Restorative justice is essential in improving the experiences of Indigenous offenders as they are centered around Indigenous ways of knowing, which allows for a more familiar, meaningful, and equitable process (Mackinnon, 2023). These programs take a community-based approach, one that focuses on healing the offender, victim(s), and the community to limit recidivism and understand the underlying causes (i.e. poverty) that may motivate Indigenous offenders (Editorial Board, 2022; Mackinnon, 2023). Breaking down the systemic barriers facing Indigenous communities requires an environment of mutual respect, understanding, and compassion, and restorative justice makes this environment possible (Editorial Board, 2022; Mackinnon, 2023). According to Eggleton & Saint-Germain (2018), restorative justice focuses more on rehabilitation, rather than punishment, which results in a more just long term solution for all involved. Being a voluntary process, restorative justice requires the offender to take responsibility for their actions, truly understand their impact, and begin a journey of healing (Eggleton & Saint-Germain, 2018). Many Indigenous offenders are the product of their circumstances and feel helpless against the systemic hurdles they must overcome within society (Editorial Board, 2022). Restorative justice takes a less traditional approach compared to the oppressive justice system of today, enabling the Indigenous offender to be treated as a human being, and not just another statistic (Eggleton & Saint-Germain,
Vicki Chartrand Unsettled Times Summary
952 Words | 4 PagesHer article discusses that even in the early 20th century the British Columbia penitentiary advised that white prisoners should associate as little as possible with Indians and Half-breeds (Minister of Justice, 2895:113, as cited in Chartrand, 2019). She traces back to the colonial era and explains that Indigenous people were punished and imprisoned for resisting the rules. She argues that we need to address the issues within the Canadian penitentiary system there is a need for decolonization. Decolonization allows for the restoration of colonized groups whose power was stolen. Decolonization in the prison system is an important step to reducing systemic racism and can produce fairer outcomes for Indigenous people (Korchak, 2017).
Consider The Supreme Court Of Canada's 2012 Decision In R V Ipeelee
899 Words | 4 PagesThis criminal code encourages sentencing judges to have recourse to a restorative approach to sentencing. Also, the enactment of s. 718.2 (e) is a definite direction by Parliament to pay particular attention to the circumstances of aboriginal offenders during the sentencing process because those circumstances are unique and different from those of non-Aboriginal offenders. Further, when sentencing Aboriginal offenders, courts must take judicial notice of such matters as the history of colonization, displacement, and residential schools. And they should look at how that history continues to translate into lower educational accomplishment, lower income, higher unemployment, higher rates of substance abuse, suicide, and, of course, higher levels of imprisonment of Aboriginal peoples. (Canadian Law, an Introduction 6th Edition: Neil Boyd 2015; page,
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1857 Words | 8 PagesThis ensures that those who are in poverty are benefitted within the criminal justice system and are not discriminated against. Nova Scotia Micmac and the criminal justice systems is another topic that is given recommendations within the commission. Under this topic a community controlled Native criminal court is proposed, with a Native Justice of Peace that had the jurisdictions to hear cases that involve a summary conviction on a reserve. It would also provide mediation services, rehabilitation and court worker serves on reserves. All of these suggestions are recommended with the hopes that cases such as Donald Marshal, Jr. do not happen in the future and works towards the removing of racist biases within the criminal justice
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237 Words | 1 PagesIn 1892 the Canadian Criminal Code was proclaimed for a country that was never thought of to become a nation with more than 35 million individuals and as developed as it is politically, socially, and economically. Our great nation has expanded into an ever changing and transitioning society that as it moves forward crimes are committed across the board by individuals of Canada’s various different races and cultures, where in which sentences are demanded to ensure Canada remains fair and just. The 1892 Criminal Code didn’t account for the developments, expansions, and transitions that Canada has endured over a hundred years, and Canada looks nothing like it did in 1892. Due to the changes, our provinces and territories have all developed substantially;
Summary Of 13th By Av Duvernay
1085 Words | 5 PagesFurther evidence indicates that racial bias does exist in the administration of Canadian criminal justice, and, at times, this discrimination has been supported by court decisions” (Owusu-Bempah & Wortley, 2014, p. 2). The fact that Indigenous and Black Canadians are overrepresented in correctional institutions demonstrates that the issue of overrepresentation depicted in "13th" is not limited to the United States but is a current concern in Canada. It is crucial that systemic racism in Canada is not overlooked and is approached with the same level of significance as it is in the United
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Protecting Innocence In A Carceral State By Erica R. Meiners
1033 Words | 5 Pages110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime
What Are The Biggest Differences In Canada's Prison System
978 Words | 4 PagesThis is so much Canada’s reputation that the overwhelming cry after Trump got elected was, “let’s move to Canada!” with the assumption that it, unlike the United States, isn’t overtaken with subscribers to Trump-esque rhetoric. But looking closely at Canada, particularly with respect to its prison system, it is jarringly similar to the United States, nearly the only difference being their respective reputations. While the United States is infamously known for its brutal and discriminatory prison system, Canada’s government has constructed a deceivingly
Of Truth And Reconciliation Model For Change In Response To # Metoo
1483 Words | 6 PagesA “truth and reconciliation model involves providing a public forum for survivors/victims to testify to the events of their victimization and for offenders to admit previous wrongdoing, take responsibility, and ask forgiveness”(Colvin & Hill, 2020). This process provides the survivors/victims to be heard and share their traumatic experiences and to allow the offenders to take responsibility for their actions and correct the wrong they did. Both sides contribute to healing and growing. Survivors/victims are able to heal through confronting their offender and understanding why their offender behaved the way they did while the offender is able to learn and grow from their mistakes. They do recognize that this process is only in the beginning of what they hope will turn into a system that will be implemented in all states and countries.
Integrating Indigenous Law Into Mainstream Courts
1495 Words | 6 PagesMack and McNamara (2011) state that while Indigenous courts have progressed in addressing these goals, there are still ongoing challenges. Moreton-Robinson (2015) argues that the courts have made some progress in providing culturally appropriate justice services and fostering community engagement. However, they have not significantly reduced the over-representation of Indigenous peoples in the criminal justice system (Marchetti & Daly, 2004; Moreton-Robinson,
How Does Violence Affect Aboriginal Women
1101 Words | 5 PagesCanada is supposed to be a discrimination free/protected country; therefore, everyone is supposed to be treated equally and fairy. In 2015, the United Nations Committee on the Elimination of Discrimination against Women and the Inter-American Commission on Human Rights released revolutionary reports on the situation of missing and murdered Aboriginal women in Canada. CEDAW found Canada to be in violation of the UN Convention on the Elimination of all forms of Discrimination against Women. The IACHR report, similarly, found that Canada is legally required to improve its response to the violence, pursuant to its obligations under the Charter of the Organization of American States and the American Declaration of the Rights and Duties of Man. (Yeo, 2016)
Analysis Of Just Mercy By Bryan Stevenson
1072 Words | 5 PagesIt argues that the over-reliance on punitive measures, such as incarceration, has disproportionately impacted marginalized communities, particularly people of color. Stevenson writes, "We are all implicated when we allow other people to be mistreated. An absence of compassion can corrupt the decency of a community, a state, an entire nation" (p. 18). This quote illustrates how the US legal system has failed to provide meaningful justice for those who have been impacted by crime, and has instead perpetuated cycles of violence and trauma. Through advocacy for restorative justice, we are able to call for a deeper examination of the role that the legal system can play in repairing harm and promoting healing.
Restorative Justice Vs Utilitarianism
117 Words | 1 PagesRestorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Disadvantages Of Restorative Justice
2091 Words | 9 PagesBatley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
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