Aborignals and the Justice System

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The official version of law was established to make sure that people are protected against decisions made by a court or in particular, by a judge. Decisions made by representatives of the justice system may sometimes be biased and go against the law and people’s rights as citizens. The idea of the blindfolded lady in the justice system asserts the image for representatives to be impartial without the presence of discrimination. In Elizabeth Comack’s Locating Law (2006), Ngaire Naffine (1990) mentioned that, “the official version of law is what the legal world would have people in the society believe about itself” (p.20). Although it asserts the image to be impartial, unbiased, and unprejudiced, it contradicts what it stands for as demonstrated through the issues of prejudice present. There are numerous issues in regards to bigotry in the criminal justice system, but one significant issue is the discrimination faced by Aboriginal people. There are many theories that attempt to explain, define, and control certain matters present in today’s society (Schmalleger & Volk, 2014, p. 15). This paper will explore two sociological theories that apply to the treatment of Aboriginals in the criminal justice system. In particular, I will discuss the over-representation of Aboriginals in the justice system and examine ways in which labelling theory and conflict theory associates with discrimination experienced by the Aboriginal people.
In 2011, Public Safety Canada statistics exhibited that about 18.5 percent of the federal prison populace were Aboriginals. The 18.5 percent given includes “32 percent of the female inmate population” and “21 percent of the male inmate population” (Schmalleger & Volk, 2014, p. 59). The over-representati...

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...nalize: violence, inequality, and the law (pp. 21-40). Halifax, N.S.: Fernwood Pub.
Schmalleger, F., & Volk, R. (2014). Canadian Criminology Today: Theories and Applications (5th ed.). Toronto: Pearson Education Canada.
Perreault, S. (2011, March 11). Violent victimization of Aboriginal people in the Canadian provinces, 2009. Statistics Canada. Retrieved June 1, 2014, from http://www.statcan.gc.ca/pub/85-002-x/2011001/article/11415-eng.htm
Lawrence, S. (2001). Cultural (In) Sensitivity: The Dangers of a Simplistic Approach to Culture in the Courtroom. Canadian Journal of Women and the Law, 13, 107-123.

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