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Racial profiling in canada
Aboriginal justice systems
Victims of the justice system research paper
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This research paper will discuss and analyze reforms or alternatives to the training of Canadian Police services in regards to Aboriginal affairs, specifically the racialized and sexualized treatment of Indigenous women when engaged with the Canadian law. Currently, this legal system is a progression of systemic violence and discrimination that in turn influences the social displacement, cost of life, and ongoing victimization of women with Aboriginal identities by law enforcements. As revealed in The Royal Commission on Aboriginal People, it is in the perspective of the Indigenous community that many of these progressions have resulted in a formal and failed Canadian justice system that is grounded in colonialism. Specifically, these pre-existing …show more content…
I will also provide another solution to the ill-fitting policing system that governs over the Aboriginal communities by suggesting a separate police force that will adhere to the different cultural approaches to achieving harmony and to avoid the systematic racism that occurs when there is an unsuccessful attempt to combine the two systems. Throughout this paper, I will be looking at the relationship between Aboriginal women and the law enforcements. I will apply the notion of legal consciousness as a framework to build my argument as I explain the implications of colonization reinforcing an oppressive role in the mentality of Aboriginal women. I will discuss the significance that the report of missing and murdered Aboriginal women have in policing reforms and training and I will provide case accounts when Aboriginal women have had contact with policing, as well as the influence of better training on a provincial and federal level or a separate force could have for this marginalized …show more content…
In Jonathan Rudin’s “Aboriginal People and the Criminal Justice System”, his report of the Ipperwash events visualize the correlation between under and over-policing and its influence on Aboriginal women. This correlation can be traced back as far as the beginning of colonialism, such as in the case of oppressive roles forced upon Aboriginal women that resulted in a marginalized group of reinforced victims. This could also be seen in the issue of the overrepresentation of Aboriginals that can be seen in incarceration and the historical oppression under eurocentric laws. The overrepresentation rates are highly alarming for female inmates as well. By the late 1980s, the incarceration rate for female Aboriginal inmates was nearly 50% of the entire population, being 68.4% in Manitoba (4). In comparison, the Aboriginal community only holds 10 to 13% of the overall population in
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.
Until the 16th century, Aboriginal people were the only inhabitants of what is now Canada, hence, they were an independent and self-governing people till the Europeans had the capacity to dominate Canada's original inhabitants and possessors (Elias 1). The European Invasion brought about The 1876 Indian Act, which was developed over time through separate pieces of colonial legislation regarding Aboriginal peoples across Canada such as the Gradual Civilization Act of 1857 and the Gradual Enfranchisement Act of 1869. In 1876, these acts were consolidated as the Indian Act (Hanson). This essay aims to explain how the Indian Act tried to destroy the Aboriginal culture through residential schools and unequal recognition of women, successive acts,
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
In this proposal our team seeks to explore the injustices within the Indian Act. To achieve this our proposed research will examine the target population being the aboriginal woman. The paper will further explore the oppressions faced by the aboriginal women within the Indian Act. In conclusion, this proposal will sum up the negative impact that the Indian Act had on aboriginal women and how it continues to oppress this population within the Canadian National discourse.
During the late sixteen century, when the first fleet arrived to Australia and discovered the free settlers or known as Australian Indigenous inheritors (The Aborigines), the community of aboriginal inhabitants since then have experienced vast levels of discrimination and racism against their gender, race, colour and ethnicity. The term over representations refers to the presents of minority or disproportionate ethnic aboriginal groups represented in the criminal justice system (CJS). This essay will further explain the relationship between aboriginal communities and policing discussed in Blagg (2008) and Cunneen (2007, the three major sources of concern in association to aboriginal over representation in CJS which include; systematic bias,
the 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. It is not suited for their cultural needs and does nothing to rehabilitate offenders but rather does the offender more harm then good. It does not address the underlying conditions causing criminal behavior or in assessing what specific needs must be addressed to rehabilitate.
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...
With such tarnished views of the justice system and those who work for it, policing alongside a Native American tribe can face additional problems and challenges. How Native American’s and Americans communicate
Comack, E. (2012). Racialized policing: Aboriginal people's encounters with the police. Black Point, Nova Scotia: Fernwood Publishing.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
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 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
No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst Canada’s Aboriginal population who have long been subject to over-policing and persistent overrepresentation as offenders in the Canadian criminal justice system (Jiwani & Dickson-Gilmore, 2011, p.43 & 81).
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.
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.