Native American Indigenous Legal System

Lawmakers and criminal justice personnel are meant to be guarded against discriminatory laws, policies and practices and to guarantee equal and effective protection of the law to everyone. However, the sad reality is that discrimination does exist in our criminal justice system. This paper emphasises to show how certain groups in society such as the aboriginals or indigenous people have been discriminated against in some form or another by the police or by the criminal justice system itself.

Hilary Weaver argues in her piece of writing; that identifying indigenous identity is complex, complicated, and hard to grasp when internalized oppression and colonization has turned Native Americans to criticize one another. Throughout the text, Weaver focuses on three main points which she calls, the three facets. Self-identification, community identification, and external identification are all important factors that make up Native American identity. The author uses a story she calls, “The Big game” to support her ideologies and arguments about the issue of identity. After reading the article, it’s important to realize that Native American’s must decide their own history and not leave that open for non-natives to write about. This is something

Which means that even though the mass majority of the reported rapes against Native women are committed by white males, they rarely receive punishment since they don’t reside on the Indian reservations. Thus, giving the ‘okay’ to non-native men that they can specifically target Native people, mainly women, on their land because they can get away scot-free from the federal law. Plus, if a case was to be brought up to a federal level, there is little to no representation found to support Native American women and their cases. Due to this, many Native women have little to no protection from sexual violence, while their assailants will more than likely be left unpunished by the

The indigenous people have a long and proud history, including the rich cultural and spiritual traditions. However, many of these traditions have been changed or even disappeared after the arrival of the European settlers. Forced introduction of European culture and values, Aboriginal community, indigenous land being deprived, and the imposition of a period of governance outside the pattern of the beginning of a cycle of social, physical and spiritual destruction. You can see the effects of today. Some of the effects include poverty, poor health, and drug abuse. The basis of these problems is a loss of identity and a sense of knowing that their values are oppressed, and their rights are ignored. Likewise, non-indigenous Canadians have become increasingly aware of the unfairness of the richness of indigenous and aboriginal cultures that are taking place.

Richard Wagamese brings to light the troubles of aboriginals living in Northern Canada in his book Indian Horse. Wagamese demonstrates the maltreatment aboriginals have faced at the hands of the Zhaunagush and their residential schools. The disgusting truth of the treatment of aboriginals in Canada is shown through recovering alcoholic, Saul Indian Horse, who recounts his life from the time he lived in the bush with his native family, the Anishinabeg, to the the time he checked into The New Dawn Treatment Centre.

The Sapphires illustrates the ways in which the stolen generation continues to have repercussions against the indigenous community. The stolen generation was a period of time where children were violently snatched from their families and forced into houses and institutions that lied, abused, and humiliated them. When the children were taken away, relationships were ripped to shreds as the children lost their sense of belonging alongside their beliefs. This loss in connection left unresolved conflicts and impaired relationships that by the time they reunited years later, the resentment towards each other had built and the argument was brutal enough for the relationship to become inrepairable. The Europeans brainwashed the childrens

The voices of Indigenous children are unheard and purposely ignored. This is portrayed through the literature of Birdie by Tracey Lindberg and Indian Horse by Richard Wagamese. Despite both apologies from Stephen Harper and Justin Trudeau, the government system to protect First Nations children appears to have detrimental effects on the life of a child. This is proven by young children turning to drugs in order to satisfy their growing pain, family members who abuse their children because they consume high amounts of alcohol, which has a negative impact on the child, and discriminatory behaviour by surrounding communities.

“American Indian elders have higher death rates for all other causes of death. These causes of death have implications for the health care providers and educators, as most are preventable to some degree and could be addressed by culturally congruent intervention programs.” (stanford) “Gloria Griffin, a tribal member who lost a child to drug abuse, echoed those sentiments in her comments to Tribal Council. Kicking someone off of tribal land for good is essentially a death sentence, she said — instead, tribal government should increase resources for rehabilitation” (smoky mountain news). This is a Tribal Member, a Native American asking for more help concerning drug abuse. If her tribal government isn 't willing to provide adequate help to members, another option would be to implement a Federally funded drug and alcohol abuse prevention

Some women are afraid for their lives, that if they leave their partner, they or their family will be harmed. In Heavenfire’s case, she truly loved and cared for Falardeau and did not want to see him go to jail for his crimes. Falardeau financially supported Heavenfire and she did not want to involve her family for support if she were to leave Falardeau. Heavenfire’s was an exceptional case as she was the first aboriginal to be cleared of all charges in her husband’s killings. Inequality in the criminal justice system is evident. Indigenous people are incarcerated at much higher rates than non-Indigenous in Canada and are incarcerated for longer periods of time (Cook & Roesh, 2012, p.222). Canadians have put Indigenous communities through much heartache and pain. With the colonization of Indigenous people to residential schools, Canadians continue to stigmatize and treat Indigenous people poorly. Indigenous people are more likely to suffer from drug abuse using needles because of the intergenerational trauma suffered through their parents attending residential schools in Canada (Bombay, Matheson, & Anisman, 2014, p. 327). This puts them at a higher criminal risk than others because of what they have been subjected to. Reasons et al., (2016) found that, “offending and victimization are a consequence of multiple risk factors,

‘Analyse and reflect upon how the dance work, Mathinna, makes a powerful political and/or social statement regarding the Indigenous stolen generation in Australia.’

Aboriginal people continue to be victimized and incarcerated at much higher rates than non-Aboriginal people. The overrepresentation of Canadian Aboriginal people in the criminal justice system is a question that has not yet been answered. This research paper will focus on the risk factors experienced by many Aboriginal people, residential school experiences, and institutional racism, and their roles in the overrepresentation of Canadian Aboriginal people in the criminal justice system. The Canadian government system has tried to deal with this issue, but looking at the high rates of overrepresentation, there approach has not been successful.

Indigenous peoples of Canada have been considered inferior to all other citizens, and have been abused and neglected through European history, and can be seen as a form of genocide. In Canadian residential schools, children were removed from the home, sexually assaulted, beaten, deprived of basic human necessities, and over 3 500 women and girls were sterilized, and this went on well into the 1980 's (Nicoll 2015). The dehumanization of Indigenous peoples over the generations has left a significant impact on society today; the generational trauma has left many Indigenous peoples heavily dependent of drugs and alcohol, and the vulnerability of Indigenous women has led to extremely high rates of violent crime towards these women. A report that

Because they were pressured to adhere to white customs, many Native Americans no longer felt attached to the history of their people and felt emotional trauma from their experiences. As a result of their assimilation, some Native Americans felt that they no longer fit in with the whites nor their own peoples. They were in a grey-zone where they didn’t belong anywhere. However, there were some assimilated Native Americans that actually benefited from their changes. For example, Patrick Miguel returned to his people and “helped his people win limited self-rule” (Edwards 108). Despite all of the abuse they endured, Native Americans were able to utilize their experiences to seek reform for their

Much has been written about the importance of the Bill of Rights, the amendments recognizes individual liberty rights by the government, enforcing them amongst all citizens, including Native Americans. The trust responsibilities between Indian tribes and the United States has been an ongoing struggle of rights, tribal sovereignty, and relations with Congress. For example, the Santa Clara Pueblo v. Martinez, a United States Supreme Court decision, is a landmark in federal Indian Law that doesn’t enforce the fifth amendment of the Bill of Rights. However, the government’s security is taking action for its well-being in protecting its sacred history that the Founders established.

In Chapter eight of Byron Williston’s Environmental Ethics for Canadians First Nation’s perspectives are explored. The case study titled “Language, Land and the Residential Schools” begins by speaking of a public apology from former Canadian Prime Minister Stephen Harper. He apologizes for the treatment of “Indians” in “Indian Residential Schools”. He highlights the initial agenda of these schools as he says that the “school system [was] to remove and isolate [Aboriginal] children from the influence of their homes, families, traditions and cultures, and to assimilate them[…]” (Williston 244). By doing this, colonial Canadians assumed that aboriginal cultural and spiritual beliefs were invalid in relation to European beliefs (244). The problem with ridding the First Nations Peoples of their languages, as Williston points out is to “deprive them of the sense of place that has defined them for thousands of years” (245). The private schooling system was an attack on First Nations identities, and their identity is rooted in “a respect for nature and its processes” (245).